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Home My WebLink About20163841Cet/I-S I BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: WCR 47/SH 392 Intersection Improvements — Change Order #1 DEPARTMENT: PUBLIC WORKS DATE: 8/07/2017 PERSON(S) REQUESTING: Don Dunker (County Engineer), Michael Bedell jSenior Engineer) Brief description of the problem/issue: On January 11, 2017 Weld County awarded a construction contract to Interstate Highway Construction Inc. of Englewood, Colorado, in the amount of $3,447,146.65. The construction is now completed and the final quantities for the various pay items have been determined. This project has an associated CDOT RAMP Grant for an amount not -to -exceed $1,842,590.00. Quantity overruns have resulted in the need to increase the final contract amount by $36,876.79. The attached Change Order #1 lists all the separate pay items, as well as a comparison of the original bid quantities to the final constructed quantities. Public Works staff believes there was an unusually large number of original bid item quantities which were not calculated accurately by the design consultant (Atkins). Had the original bid item quantities been more accurate, the original total bid amount from IHC would have included this extra cost. Since Atkins was directly linked to why this change order is occurring, Public Works has asked them to cover one-half of the costs (S18,438.39). Public Works is still confirming if this cost -share request will be fulfilled by a cash payment or with in -kind engineering services currently being provided on other County projects. Recommendation to the Board: Public Works recommends the BOCC approve the Change Order #1 from IHC. If recommended for approval, Public Works will arrange for the change order to be on the agenda for an upcoming BOCC Meeting on August 21, 2017. Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro -Tern Attachments: Change Order # 801 g Approve Schedule Recommendation Work Session ?XD SES`71bPl --t0C 57-00e%L.- atkca -Lop n\-3--ksb Comments '')Nast> (?) \ \ ' et0 Pk 1m \5 C..• o .34 1 C._c�000z�C,\ 3...O\tp 3cOR 2C,001t4 CHANGE ORDER NO. 1 (FINAL) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT Date: August 7, 2017 PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. Owner _ Weld County, Colorado Contractor: Interstate Highway Construction Inc. (INC) The following change is hereby made to the Contract Documents: Quantity overruns have resulted in the need to increase the final contract amount. The attached spreadsheet labeled "Final Costs Reconciliation" lists all the separate pay items, as well as a comparison of the original bid quantities to the final constructed quantities. In addition, ten calendar days shall be added to the original contract time. A Notice of Substantial Completion was given to the Contractor on June 28, 2017. 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: $3.447,146.65 $3,447,146.65 $36,876.79 The New Contract Price, including this Change Order, will be: $3,484,023.44 CHANGE TO CONTRACT TIME: The Contract Time will be increased by ten (10) calendar days. The date for completion of all Work will be June 30, 2017. RECOMMENDED: Owner Representative: Michael Bedell, P.E. (Senior Engineer) Date' ibk1 (1to'1 BID NO#81600115 020 /6 - ,381/6) APPROVALS: CONTRACTOR: Name: & Title: pr V ,t- E :nee/` WELD COUNTY: ATTEST: dotal/1)v• �� Weld Cou ty Clerk to the Board BY: Deputy rk to the Boar Date: e- /7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ulie A. Cozad, Chair G 2 8 2017 BID NO # B1600115 08D/4 -68Ah1 6) FINAL COSTS RECONCILIATION WCR 47/SH 392 INTERSECTION IMPROVEMENTS B1600115 ITEM NUMBER CONTRACT ITEM UNIT BID QUANTITY FINAL QUANTITY UNIT PRICE (HC BID TOTAL FINAL TOTAL 201 Clearing and Grubbing LS 1.00 1.00 $43.316.0() 43,316.1X) 43,316.00 202 Removal of I leadgate i EACH 3.00 3.00 $3,065.00 9,195.00 9,195.00 202 Removal of Ditch Lining LF r 1,S58.00 a 1.558.00 $9.30 14.489.40 a 14,489.40 202 Removal of Pipe EACH 6.00 8.00 - $1,829.00 10,974.00 14,632.00 202 Removal of Asphalt Mat SY 12,547.00 16,960.06 $6.30 79,046.10 106,848.38 202 Removal of Fence LF i 406.00 406.00 $3.00 1,218.00 1,218.00 203 Unclassified Excavation (Complete In Place) CY 6,904.00 9,806.00 515.00 103,560.00 147,090.00 203 Embankment Material (Imported) CY 1,381.00 0.00 $41.00 56,621.00 0.00 203 Muck Excavation (Contingency) CY 1.000.00 2,425.40 $39.00 39,000.00 94,590.60 203 Proof Rolling HOUR 20.00 31.00 $82.50 1,650.00 a 2;'557.50 203 Utility Potholing HOUR 40.00 27.25 $220.50 8,820.00 6,008.63 206 Structure Backfill (Flow -Fill) CY 24.00 0.00 5267.00 6,408.00 0.00 207 4 Topsoil (Stockpile and Redistribute) CY 606.00 1,915.00 $47.00 28,482.00 90,005.00 208 Sediment Control Log (12 -Inch) LF 400.00 457.00 $4.90 1,960.00 2,239.30 208 Silt Fence LE 3,800.00 2,374.00 $1.50 5,700.00 3,561.00 208 Check Dam EACH 14.00 6.00 $589.50 8,253.00 3,537.00 208 Concrete Washout Area EACH 3.00 1.00 $2,081.00 6,243.00 2,081.00 208 Storm Drain Inlet Protection EACH 13.00 0.00 $402.50 5,232.50 0.00 208 Vehicle Tracking Pad EACH 4.00 2.00 $2,983.00 11,932.00 5,966.00 208 Removal/Disposal of Sediment (Labor) HOUR 40.00 14.00 $40.50 1.620.00 567.00 208 Removal/Disposal of Sediment (Equipment) i HOUR i 40.00 14.00 $65.00 2,600.00 910.00 208 Sweeping (Sediment Removal) HOUR 40.00 40.00 $181.50 7,260.00 7,260.00 210 Reset Mailbox Structure EACH I 2.00 1.00 S1,329.00 I 2.658.00 1.329.00 210 Rcsct Survey Monument (Type 3A) EACH 1.00 1.00 I $1,585.00 1,585.00 1,585.00 212 Seeding (Native) ACRE 1.55 e 4.67 $761.50 1,180.33 3,556.21 213 4 Mulching (Weed -Free Straw) ACRE 1.55 3.63 $1,151.00 1,784.05 4,178.13 213 Mulch Tackifier LB e 155.00 940.00 $4.70 728.50 4,418.00 216 Soil Retention Blanket SY 3,200.00 5.044.80 $2.30 7,360.00 11,603.04 304 Aggregate Base Course (Class 6) TON _ 15.690 00 18.560.28 4 $19.00 298.110.00 352,645.32 403 HMA (Grading S) (100) (PG 64-22) TON 4,930.00 5,086 02 $98.00 483,140.00 498,429.96 403 11Mi1(Grading SX) (100) (('(164-28) TON 2,055.00a 2.107.71 $118.50 243,517.50 249 763.64 403 HMA Safety Edge LE Ia 6,493.00 5,749.00 $1.70 11,038.10 9,773.30 412 Concrete Pavement (11 -Inch) SY 19,631.00 903,026.00 813,005.84 17,674.04 $46.00 412 Concrete Safety Edge LF a a 5,235.00 3,045.00 4 10,993.50 6,394.50 $2.10 420 Geotextile (Reinforcement) SY 1,500.00 3.809.22 7,200.00 18,294.26 $4.80 507 Concrete Lined Ditch LF 105.00 ik a 4 7,665.00 7,719.75 105.75 $73.00 601 Concrete Class B CY 6.00 4 14.89 i $2,403.00 14,418.00 35,780.67 601 Reinforcing Steel (Epoxy Coated) LBS 250.00 310.00 $2.70 675.00 837.00 603 15 Inch Reinforced Concrete Pipe LF 280.00 4 272.00 A 17,780.00 17,272.00 $63.50 603 24 Inch Reinforced Concrete Pipe 1.F 430.00 560,00 h. 37,410.00 48,720.00 $87.00 603 30x19 Inch Reinforced Concrete Pipe LF i 280.00 270.00 a $126.00 A 35,280.00 34,020.00 603 24 Inch Reinforced Concrete End Section EACH 6.00 8.00 $2,940.00 17,640.00 23,520.00 607 Combination Wire Fence with Metal Posts LF 2,023.00 2,100.00 4 $5.80 11,733.40 12,180.00 607 16 Foot Steel Gate EACH 1.00 3.00 $539.00 539.00 1,617.00 609 Curb and Gutter Type 2 (Section 1-11�t) LF 351.00 376.00 $23.50 8,248.50 8,836.00 610 1Vlcdian Cover Material (Concrete) SF 1,410.00 1,617.30 $5.50 7,755.00 8,895.15 612 Delineator (Type I) EACH 32.00 60.00 1,520.00 2,850.00 $47.50 612 Delineator (Type II) EACH 73.00 30.00 $S4.50 3,978.50 1,635.00 612 Delineator (Type III) EACH 16.00 11.00 $61.50 984.00 676.50 614 Sign Panel (Class I) SF 2.67 7.00 $34.00 90.78 238.00 614 Sign Panel (Class II) SF 72.50 73.00 $37.00 2,682.50 2,701.00 614 Steel Sign Post (2.5" x 2.5" Square Tubing) 4 LF i 55.00 43.00 4 907.50 709.50 $16.50 614 Steel Sign Post (2" Round) (Post) LF 22.00 22.00 418.00 418.00 $19.00 614 Steel Sign Support (2" Round) (Socket) EACH 4 2.00 2.00 653.00 I 653.00 $326.50 614 Steel Sign Support (2.5" NP -40) (Post) LF 68.00 90.00 $22.00 1,496.00 1,980.00 614 Steel Sign Support (2.5" NP -40) (Slipbase) EACH 6.00 8.00 $374.50 2,247.00 2,996.00 614 Barricade (Type 3 F -D) . EACH 2.00 2.00 3,130.00 3,130.00 $1,565.00 620 b.Field Office (Class 2) EACH 1.00 1.00 8,250.00 8,250.00 $8,250.00 620 Sanitary Facility EACH 2.00 2.00 I $1,000.00 2,000.00 2,000.00 621 Detour Pavement SY 2,500.00 853.00 100,000.00 34,120.00 $40.00 625 Construction Surveying LS 1.00 1.00 I $51,502.00 51,502.00 51,502, 00 626 Mobilization LS 1.00 1.00 $201,741.00 201,747.00 201,747.00 627 Pavement Marking Paint (Waterborne) GAL 62.00 va 58.02 $361 50 22,413 00 20,974.23 627 Epoxy Pavement Marking GAL 138.00 153.02 29,601 00 32.822 79 $214 50 627 Preformed Plastic Marking (Word -Symbol) 4 SE 615.00 508.00 $40.00 24,600.00 20,320.00 627 Preformed Plastic Marking (Xwalk-Stop Line) SF 4 130,00 4 140.00 $25.00 3,250.00 3,500.00 629 Survey Monument (Type I) EACH 4 25.00 24.00 $308.00 7,700.00 7,392.00 629 4 ,Survey Monument (Type 6) EACH 5.00 a 7.00 4 $308.00 [.540.00 2,156.00 630 Flagging HOUR 1,000.00 A 4 870.00 $31.50 31,500.00 27,405.00 630 Traffic Control Inspection DAY 4 6,120.00 I 18,156.00 30.00 89.00 * 4 $204.00 630 Traffic Control Management DAY 90.00 39.00 $884.50 79,605.00 34,495.50 630 4 Barricade (Type 3 F -A) (Temporary) EACH 8.00 17.00 $136.00 1,088.00 2,312.00 630 Flashing Deacon (Solar) EACII 15.00 2.00 $680.50 10,207.50 1,361.00 630 Construction Traffic Sign (Panel Size A) EACH 29.00 64.00 $109.00 3.161.00 6,976.00 1 630 Construction Traffic Sign (Panel Size B) EACH a 16.00 A 79.00 $136.00 2,176.00 10,744.00 630 , Drum Channelizing Device EACH 155.00 84.00 $34.00 5,270.00 2,856.00 630 Concrete Barrier (Temporary) LF 900.00 864.00 $27.00 24,300.00 23,328.00 630 Traffic Cone EACH 100.00 95.00 $11.00 1,100.00 1.045.00 630 Portable Message Sign Panel DAY I 28.00 I 77.00 I 2,856.00 4 7,854.00 $102.00 630 Impact Attenuator (Quadguard) (Temporary) EACH 4.00 3.00 $5,522.00 22,088.00 16,566.00 700 MCR# 1 - Temporary Berms LF 0.00 i 4 0.00 18,662.20 4,057.00 $4.60 700 MCR# 1 - Permanent Berms LF A 0.00 1,515.00 $6.90 0.00 10,453.50 700 MCR#2 - Irrigation Structure Modifications LS 0.00 1.00 $454.47 0.00 454.47 700 MCR#3 - S1 -I392 East Transitions LS 0.00 1.00 $16,418.71 0.00 16,418.71 700 MCR/I3 - SI 1392 West Transitions LS 0.00 1.00 $16,418.71 4 0.00 16,418.71 700 MCRII4 - Overweight toad Price Reductions IS r 0.00 1.00 $60.00 0.00 A •60.00 700 MCIVI5 - CTB Removal Under WCR47 SY 0.00 3,282.00 $3.55 � 0.00 11,651.10 700 MCR#6 - Cement Treated Suhgrade SY 0.00 7,546.50 $11.19 0.00 84,445.34 700 MCR#7 - Blading HR 0.00 58.58 $162.75 0.00 9,533.90 700 MCR#8 - Stockpiled Excavation Materials CY 0.00 2,702.00 $10.47 0.00 28,289.94 700 F/A Minor Contract Revisions FA 1.00 + 0.00 $200,000.00 200,000.00 0.00 700 F/A On -The -Job -Trainee HOUR 640.00 483.50 $3.00 1,920.00 1,450.50 TOTAL 3,447,146.65 36,876.79 L0N4-roqit D31- row/ MEMORANDUM TO: Clerk to the Board DATE: January 16, 2017 FROM: Mike Bedell, Public Works Department SUBJECT: Agenda Item Agreement for Construction Services with Interstate Highway Construction, Inc. on the WCR 47/SH 392 Intersection Improvement Project. Two original duplicate contracts are attached. Please return one signed original to Public Works. Bid information is also attached. C -84-4-e") /-as-17 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & INTERSTATE HIGHWAY CONSTRUCTION INC. WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this 11th day of January, 2017 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Interstate Highway Construction Inc., who whose address is P.O. Box 4356, Englewood, CO 80155, hereinafter referred to as "Contractor". WHEREAS, the intersection of WCR 47 and SH 392 is in need of improvement as a result of increased traffic, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 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. B1600115. The RFB contains all of 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 personnel to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. BID NON 81800115 Page 28 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado require funding to be approved on an annual basis. 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. 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 $3.447,145.65, 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 313, 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 BID NO # B1600115 Page 29 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 tg 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 contractors 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 BID NO # B1600115 Page 30 reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID NO 81900115 Page 31 Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanketcontractual 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. Additional provisions: 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 as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive BID NO # B1600115 Page 32 subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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 Govemmental actions. 17. Notices. County may designate, prior to commencement of work, a representative who shall make all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications (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, with a receipt or acknowledgment required by the sending party. Either party may change its notice address by written notice to the other. Notification Information: Contractor: Interstate Highway Construction Inc. Attn.: Greg Scott Address: P.O. Box 4356 Address: Englewood, CO 80155 E-mail: ScottG©ihcquality.com Facsimile: 303-790-8524 Coun : Name: Michael Bedell, P.E. Position: Senior Engineer BID NO # B1600115 Page 33 Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: mbedell©weldgov.com Facsimile: (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/Confict 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 this Agreement is 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 BID NO N 81800115 Page 34 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 of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 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. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and BID NO # B1600115 Page 35 agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached EMlbits A and B, is the complete and exclusive statement of agreement between the parks 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 fix day of January 2017 CONTRACTOR: Interstate Hallway Con ction Inc. BYE Name: hn Medberry Tom: Vice President Date: January 18, 2017 8113 NO/81600116 Pepe 36 WELD COUNTY ATTEST: Weld Co BY: y Clerk to the Board Deputy Clark to the Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ju Cozad, Chair f 2417 JAN 2 5 BID NO # B1600115 Page 37 October 31, 2013 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. October 31, 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS General II. Nondiscrimination III. Nonsegregated 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 Govemmentwide 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. 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 FHIWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627, The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the October 31, 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 contractors 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 contractors 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 contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the natation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. October 31, 2013 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 v/no are applicants for employment or current employees. Such efforts should be aimed at developing full joumey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractors association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 28.13(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. October 31, 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work farce on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas. time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid 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 spedfied for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and October 31, 2013 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (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 antidpated in providing bona tide fringe benefits under a plan or program. Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm October 31, 2013 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; hi) 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 eamed, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractors or subcontractors 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 October 31, 2013 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable program is approved. b Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11248, 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. 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 October 31, 2013 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 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 October 31, 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 properly in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 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 October 31, 2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction,""debarred," "suspended," "ineligible." "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httosi/www.eoLs.aov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft. forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this applicafion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. October 31, 2013 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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. U. 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 Ter Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction.' without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions, To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httosdfwawv.eDle.00vA, 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 Excluslon--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision Is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a dvil 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. October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Interstate Highway Construction, Inc. (Name of Contractor) 7135 S. Tucson Way, Englewood, CO 80112 Bond No, 8244-63-47 (Address of Contractor) Corporation Contractor, and a (Corporation, Partnership, or Individual) Federal Insurance Company (Name of Surety) 202B Halls Mill Road, Whitehouse Station, NJ 08889-1600 hereinafter called (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) Three Milion Four Hundred Forty Seven Thousand hereinafter called Owner, in the penal sum of One Hundred Forty Six Dollars And 651100--- Dollars, ($ 3,447,146,65--- in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a 7 certain Contract with the Owner, dated the 11th day of January 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 # B1600115 Page 38 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 12TH day of January N/A (SEAL) ,201a.7 (Contractor) Secretary (Witness as to Contractor) P. 0. Box 4356 (Address) Englewood, CO 80155 ATTEST: N/A (Surety) Secretary (SEAL) By: Sheafa Mantoy2- W itneA as tot, surety Interstate Highway Construction, Inc. By 7135 So. Tucson Way tdall, resident (Address) Englewood, CO 80112 Federal Insurance Company g 7 Mona D. Weaver Attorney -in -Fact 8110 E, Union Ave, Suite 700 2028 Halls Mill Road (Address) (Address) Denver, CO 80237 Whitehouse Station, NJ 08889-1600 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 # B1600115 Page 39 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Interstate Highway Construction, Inc. Bond No. 8244-63-47 (Name of Contractor) 7135 So. Tucson Way, Englewood, CO 80112 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Federal Insurance Company (Name of Surety) 202B Halls Mill Road, Whitehouse Station, NJ 08889-1600 (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 Three Million Four Hundred Forty Seven Thousand One Hundred Forty Six Dollars And 651100 Dollars ($ 3,447,146,65 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of January 201S,7 a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 # B1600115 Page 40 P. O. Box 4356 (Address) Englewood, CO 80155 ATTEST: N/A (Surety) Secretary (SEAL)_. 1 By: ' ,114 / ft WitOe ss as to Sucety Sfieila J 8'1`10 E. Union Ave, Suite 700 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: WCR 477511 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 12th day of January , 20107 Interstate Highway Construction, Inc. s ontractor N/A (SEAL) (Contractor) Secretary By Jim ndall, P esident 7135 So. Tucson Way _ (Witness as to Contractor) (Address) Englewood, CO 80112 Federal Insurance Company 0/-X(Allri BY' Montoya / Mona D. Weaver Attorney -in -Fact 202E Halls Mill Road (Address) Denver, CO 80237 (Address) Whtehouse Station, NJ 08889-1600 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 #f B1800115 Page 41 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Attn: Surety Department 11S Mountain View Road I Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shaleen R. Lovitt and Angela R. Yanofsky of Phoenix, Arizona; Janet M, Elwell, Anal Jain, Charles M. McDaniel, Sheila J. Montoya, Angela M. Tindol and Mona D. Weaver of Denver, Colorado each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business. and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. in Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI'T'Y COMPANY have each executed and attested t presents and affixed their corporate seals on this 24'" day of August, 2016, M1I. Ch lows, Assistant Secretary STATE OF NEW JERSEY County of Somerset La. On this 24'' day of August, 2OIG before me, a Notary Public of Newlersey, personally came Dawn M, Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr, and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -Laws and In deponent's presence, Notarial Seal Extract Rom the By -Laws ofVit "Except as otherwise provided in these By -Laws or by law or as otherwise directed by the Board of Directors, the President or any Vice President shall be authorized to execute and deliver, In the name and on behalf of the Corporation, all agreements, bonds, contracts, deeds. mortgages, and other instruments, either for the Corporation's own account or in a fiduciary or other capacity, and the seal of the Corporation, if appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary, The Board of Directors, the President Or any Vice President designated by the Board of Directors may authorize any other officer, employee or agent to execute and deliver, in the name and on behalf of the Corporation, agreements, bonds, contracts, deeds, mortgages, andcther instruments, either for the Corporation's own account or in a fiduciary or other capacity, and if appropriate, to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to specific Instances.' I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing extract of the By -Laws of the Companies Is true and correct. (11) the signature of any authorized officer executing this Power of Attorney or any certificate relating thereto on behalf of the Companies, and the sea] of the Companies, may be affixed to such Power of Attorney or certificate by facsimile and such Power of Attorney or certificate shall he valid and binding upon the Companies, and any such Power of Attorney so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Companies with respect to any bond or undertaking to which it is attached. (ill) the Companies are duly licensed and authorized to transact surety business in all 5O of the United States of America and the District of Columbia and are authorized by the US. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal Is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iv) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this January 12th, 2017 KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No, 2316685 Commission Expires July 18, 2019 CERTIFICATION RANCE. COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY Notary Public -CLCULLI\Mei, Dawn M. f'idorui. Assistant Secretary IN THE EVENT YOU %NS1iTONOTIFY USOFACLAIM, I'ERIC•YTIIEAt!THEN'IICITYOFrtI15BONDORNOTIFY LSOFANY OTHER MATT F.R.PI.EASECONTACrUSATTI15AD CAW LLSTso MIME. OREY: Tel cphonc0.50) 903- Fax (00a}t0:I•3556 .Nlnll, surcry1nhuht,snrn Form 15.10-02259- U GEN CONSENT (rev. 08-18) Accwci CERTIFICATE OF LIABILITY INSURANCE ifriii...-----v112017 DATE(MM/DDIYYYY) 1/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 CONTPRODUCER NAME: PHONE FAX CA/C, No, Extl: (AlC, No): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A : The Travelers Indemnity Company 25658 INSURED Interstate Highway Const., Inc. 1040014 P.O. Box 4356 Englewood CO 80155-2140 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : Ironshore Specialty Insurance Co 25445 INSURER D : The Continental Insurance Company 35289 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 14458391 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLES PER: POLICY X PRO-LOC OTHER: ADDL INSD N SUBR WVD Y POLICY NUMBER VTC2K-CO-5643B347 POLICY EFF (MM/DWYYYY1 7:112016 POLICY EXP (MM/DWYYYY1 7/1/2017 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 2,000,000 $ 300,000 $ 10,000 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $ 2,000,000 $ 4,000,000 $ 4,000,000 PRODUCTS - COMP/OPAGG B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY N Y VTC2J-CAP-5643B359 7i'112016 7/1/2017 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 2,000,000 $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXXXXXX C D X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DED RETENTION $ N Y 002793800 FFX6042747726 7/112016 7/112016 7/1/2017 7/1/2017 EACH OCCURRENCE AGGREGATE $ 20,000,000 $ 20,000,000 $ XXXXXXX A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below YIN N NIA Y VTC2KUB-4745N43 7/112016 7/1/2017 X (STATUTE E.L. EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: HC Job ;x3103 - WCR 47/SH392 Intersection Improvements. Weld County and CBOT are included as Additional Insured as respects Cieneral, Auto, and Umbrella Liability as required by written contract. Coverage k primary and non-contributory. Waiver of Subrogation applies in favor of Additional Insured as required by written contract. CERTIFICATE HOLDER CANCELLATION See Attachments 14458391 County of Weld 1 150 O Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRES AT VE cf y j Al frif t40l ACORD 25 (2016/03) © 1988- 015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERS ONE TOWER SQUARE HARTFORD, CT 06183 ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: VTC2KUB-4745N43 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED ORGANIZATION: Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. Miscellaneous Attachment: M487454 Master ID: 1040014, Certificate ID: 14458391 Named Insured: Interstate Highway Construction Policy Number: VTC2K-CO-5643B347 Eff: 07/01/2016 - 07/01/2017 CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or Miscellaneous Attachment: M487457 Master ID: 1040014, Certificate ID: 14458391 "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and H. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is CG D2 46 08 05 available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. COMMERCIAL GENERAL LIABILITY The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Miscellaneous Attachment: M487457 Master ID: 1040014, Certificate ID: 14458391 Named Insured: Interstate HighwayConstruction Policy No. VTC2J-CAP-5643B359 Eff. Dates: 7/1/16-7/1/17 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraphc. in A.1., Who Is An Insured, of Section II - Liability Coverage: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and Miscellaneous Attachment: M487468 Master ID: 1040014, Certificate ID: 14458391 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. CA T3 53 06 09 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II - LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: 5. Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the Miscellaneous Attachment: M487468 Master ID: 1040014, Certificate ID: 14458391 United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II - LIABILITY COVERAGE (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Paragraph C., Limit Of Insurance, of SECTION II - LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (C) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deductible, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". Miscellaneous Attachment: M487468 Master ID: 1040014, Certificate ID: 14458391 I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any warranty; and C. The airbags were not intentionally inflated. We will pay up to a maximum of $1.000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (a) You (if you are an individual) (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - CA T3 53 03 10 Miscellaneous Attachment: M487468 Master ID: 1040014, Certificate ID: 14458391 tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Named Insured: Interstate Highway Construction Policy #: VTC2K-CO-5643B347 Effective: 071112016-07101/2017 COMMERCIAL GENERAL LIABILITY CG D3 16 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured - Newly Acquired Or Formed Organizations F. Who Is An Insured - Broadened Named Insured Unnamed Subsidiaries G. Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Paragraph 2. of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A. BODILY H. Blanket Additional Insured - Lessors Of Leased Equipment I. Blanket Additional Insured - States Or Political Subdivisions - Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M.Amended Bodily Injury Definition N. Contractual Liability - Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of SECTION III - LIMITS OF INSURANCE. Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 CGD3161111 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property damage" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. Page 2 of 6 Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (I) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medical technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -WHO IS AN INSURED: Page 3 of 6 Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if you maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such subsidiary. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. Page 4 of 6 Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II - WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV - COMMERCIAL GEN ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II - Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; Page 5 of 6 Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 (3) (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza lion, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: Page 6 of 6 Miscellaneous Attachment: M487470 Master ID: 1040014, Certificate ID: 14458391 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY - RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. BID REQUEST NO. B1600115 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT December, 2016 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO # B1600115 Page 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 3 Instructions to Bidders 4-13 *Bid Proposal 14-15 *Bid Schedule .16-20 *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 REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 27 *Agreement 28-37 *Performance Bond 38-39 *Labor and Materials Payment Bond 40-41 Notice to Proceed 42 Change Order 43-44 Certificate of Substantial Completion 45 Lien Waiver 46 Final Lien Waiver 47 Notice of Acceptance 48 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) 49 *Assignment of Antitrust Claims (CDOT Form #621) 50 *UDBE Commitment Confirmation (CDOT Form #1415) 51-52 *UDBE Good Faith Effort Documentation (CDOT Form #1416) 53-54 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index PSP1-PSP3 Project Special Provisions PSP4-P5P39 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions 223 Pages DRAWINGS: Construction Plan Set 11x17 Separate Documents BID NO # B1600115 Page 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 • G O U N T I DATE: DECEMBER 1, 2016 (1st ADVERTISEMENT DATE) BID NUMBER: B1600115 DESCRIPTION: WCR 47/SH 392 INTERSECTION IMPROVEMENT PROJECT MANDATORY PRE -BID CONFERENCE DATE: DECEMBER 8, 2016 BID OPENING DATE: DECEMBER 21, 2016 DAVIS BACON DECISION NUMBER: CO160024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT The project in general consists of roadway widening and improvements to existing roadways. The project includes but is not limited to the following work items: excavation (6,904 CY), imported embankment (1,381 CY), aggregate base course (15,690 TON), concrete pavement (19,631 SY), hot mix asphalt paving (6,985 TON), erosion control, traffic control, construction surveying and other items. This project is a Federal Aid Project, Federal Aid Project No. STM C030-056, 19891. The "UDBE" goal for this project has been established by CDOT to be 6.0%. 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.govlstats/jobpatlelinstruct.html. A mandatory pre -bid conference will be held at 10:00 a.m., on Thursday, December 8th, 2016, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: Wednesday, December 21St, 2016, 10:00 A.M. PAGES 1 -13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 —13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. BID NO # B1600115 Page 3 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.usiDepartments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. [mailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, #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 Director of General Services, 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 Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. BID NO #t B1600115 Page 4 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of General Services can at his sole discretion, release any Bid at any time. BID NO # B1600115 Page 5 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 of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this bid. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. BID NO # B1600115 Page 6 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. BID NO # B1600115 Page 7 § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, CONFIDENTIAL. However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. BID NO # B1600115 Page 8 H. Attorneys 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. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such 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 BID NO # B1600115 Page 9 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. 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 BID NO #t B1600115 Page 10 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 Director of General Services 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 coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: BID NO #t B1600115 Page 11 Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 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 payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the BID NO #t B1600115 Page 12 contract date or the first date when any goods or services were provided to County, whichever is earliest. 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. 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 of the requirements herein and shall procure and maintain the same coverage's 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. BID NO #t B1600115 Page 13 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, 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. BID NO #t B1600115 Page 14 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. GENERAL NOTE Buy America Certifications shall be provided prior to installation of any steel or iron products on this project. BID NO #t B1600115 Page 15 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 201 Clearing and Grubbing LS 1 202 Removal of Headgate EACH 3 202 Removal of Ditch Lining LF 1,558 202 Removal of Pipe EACH 6 202 Removal of Asphalt Mat SY 12,547 202 Removal of Fence LF 406 203 Unclassified Excavation (Complete In Place) CY 6,904 203 Embankment Material (Imported) CY 1,381 203 Muck Excavation (Contingency) CY 1,000 203 Proof Rolling HOUR 20 203 Utility Potholing HOUR 40 206 Structure Backfill (Flow -Fill) CY 24 207 Topsoil (Stockpile and Redistribute) CY 606 208 Sediment Control Log (12 -inch) LF 400 208 Silt Fence LF 3,800 208 Check Dam EACH 14 208 Concrete Washout Area EACH 3 208 Storm Drain Inlet Protection EACH 13 208 Vehicle Tracking Pad EACH 4 208 Removal/Disposal of Sediment (Labor) HOUR 40 BID NO # B1600115 Page 16 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 208 Removal/Disposal of Sediment (Equipment) HOUR 40 208 Sweeping (Sediment Removal) HOUR 40 210 Reset Mailbox Structure EACH 2 210 Reset Survey Monument (Type 3A) EACH 1 212 Seeding (Native) ACRE 1.55 213 Mulching (Weed -Free Straw) ACRE 1.55 213 Mulch Tackifier LB 155 216 Soil Retention Blanket (Straw/Coconut) SY 3,200 304 Aggregate Base Course (Class 6) TON 15,690 403 Hot Mix Asphalt (Grading S) (100) (PG 64-22) TON 4,930 403 Hot Mix Asphalt (Grading SX) (100) (PG 64-28) TON 2,055 403 HMA Safety Edge LF 6,493 412 Concrete Pavement (11 Inch) SY 19,631 412 Concrete Safety Edge LF 5,235 420 Geotextile (Reinforcement) SY 1,500 507 Concrete Lined Ditch LF 105 601 Concrete Class B CY 6 601 Reinforcing Steel (Epoxy Coated) LBS 250 603 15 Inch Reinforced Concrete Pipe LF 280 603 24 Inch Reinforced Concrete Pipe LF 430 BID NO # B1600115 Page 17 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 603 30x19 Inch Reinforced Concrete Pipe LF 280 603 24 Inch Reinforced Concrete End Section EACH 6 607 Combination Wire Fence with Metal Posts LF 2,023 607 16 Foot Steel Gate EA 1 609 Curb and Gutter Type 2 (Section I -M) LF 351 610 Median Cover Material (Concrete) SF 1,410 612 Delineator (Type I) EACH 32 612 Delineator (Type II) EACH 73 612 Delineator (Type III) EACH 16 614 Sign Panel (Class I) SF 2.67 614 Sign Panel (Class II) SF 72.5 614 Steel Sign Post (2.5"x2.5" Tubing) LF 55 614 Steel Sign Support (2" Round) (Post) LF 22 614 Steel Sign Support (2" Round) (Socket) EACH 2 614 Steel Sign Support (2.5" NP -40) (Post) LF 68 614 Steel Sign Support (2.5" NP -40) (Slipbase) EACH 6 614 Barricade (Type 3 F -D) EACH 2 620 Field Office (Class 2) EACH 1 620 Sanitary Facility EACH 2 621 Detour Pavement SY 2,500 BID NO # B1600115 Page 18 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 625 Construction Surveying L S 1 626 Mobilization L S 1 627 Pavement Marking Paint (Waterborne) GAL 62 627 Epoxy Pavement Marking GAL 138 627 Preformed Plastic Marking (Work- Symbol) SF 615 627 Preformed Plastic Marking (Xwalk-Stop Line) SF 130 629 Survey Monument (Type 1) EACH 25 629 Survey Monument (Type 6) EACH 5 630 Flagging HOUR 1,000 630 Traffic Control Inspection DAY 30 630 Traffic Control Management DAY 90 630 Barricade (Type 3 F -A) (Temporary) EACH 8 630 Flashing Beacon (Solar) EACH 15 630 Construction Traffic Sign (Panel Size A) EACH 29 630 Construction Traffic Sign (Panel Size B) EACH 16 630 Drum Channelizing Device EACH 155 630 Concrete Barrier (Temporary) LF 900 630 Traffic Cone EACH 100 630 Portable Message Sign Panel DAY 28 630 Impact Attenuator (Quadguard) (Temporary) EACH 4 BID NO 4 B1600115 Page 19 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 700 F/A Minor Contract Revisions F A 1.0 $ 200,000.00 $ 200,000.00 700 F/A On -The -Job Trainee HOUR 640 $ 3.00 $ 1,920.00 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT. Total Bid (Dollars): NOTE: The following are items of work to be completed by Weld County: Materials Quality Acceptance Testing Construction Inspection Erosion Control Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1600115 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. Weld County is exempt from Colorado sales tax (exemption number 98-03551-0000). 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein, 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. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE BID NO #t B1600115 Page 20 BID BOND PROJECT: WCR 49/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2016 for the WCR 49/SH 392 INTERSECTION IMPROVEMENTS PROJECT as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2016 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 #t B1600115 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 #t B1600115 Page 22 Fr; rn W-9 (Hcw.August pala) cictlatr tell olllw Traa^,ury Iatanrxd ITeveuue Servs 1 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. •ri v I, Is a p 4 7 G ;A ti c 'F '3 m, m Name (as alrre•n on your insane tax retlnnj Eft anneys flair edi.liereyarcle+.l erulily Heinle, if dorerenl Item abcwe Cheek nppe prig to box ler federal lex dare i flealion: ❑ hidlvlduallsolc propncta ❑ C Corporaluxl ❑ S Corporation `. Far Inn sinlp l hefted habili.y ratiup:any. Finer Uri lax rlaswhr,aeon (C -C; raxpxx Alton, S -S ruirp>rahrxr i-perhlersIiili 7 Other (sat rile+iruehons( I. Addiess {Ixmlber, street. and apt a suite no,) watt:, :awl 71Prrode Ti: tln.etate Fequcatrr's Hams:• Lxeriiphons Exempt payee. Lxenlpllon codt, DI ally) and ud liens (sec iwtancho rust: carte (II any) rr011i I A1C11 twining ioptirsed) I r.1 hCCiA inn numixa (r.t hcu c (c{,t camp 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',vithholding. Forindniiduats, this is your social security number (SSN), However, fora resident alien, sole proprietor, or disregarded entity, see the Parl I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number, see Now to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number la enter. Social security number Employer identification number Part II Certification Under penatties of perjury. I certify that: 1. The number shown on this form is my correct 'taxpayer identification number (or I am vdaiting for a number to be issued to me), and 2. I am not subject to backup withholding because: {a) I am exempt from hookup withholding, or (h) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (it any) indicating that I am exempt tram FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been ratified by the IRS that you are currently subject to backup withholding because you have tailed 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 al Here U.S. persnnl Data le General Instructions Seutet:I r.Ie.rem:len are to lice Irrt:meal Iteuwwr+ Curle unless ulheo:'rse Haled. Future developments. Ilia IFS has orcalyd a page al IldS,9rw he lulr:Inaholt ibuur t u m yf 5. at .'nvrr.. •s, pa v/r'4) Intern anon atruul any Miler,: dcvde pm arils aticcting t our liar 9 (such as IeClaletlon enacted site we release iii will Po posted err Mal mitt Purpose of Form A parson :•ho is required le file are trderriptlien return v.rith the If1S mull obtain yuxa ton r:rH haxpayrl identi ies linmi iiirmbrri ',TIN tale:port. ra example:, rnr•srmr paid do You, payllmnta mane to you in ttla n:M of payment card and third party nerv.: rk transactions. Ieal estate bansautions. morlgace a feted you paid, aalusHlon or abancltmrne nl of.rcure cl pacperly. cancellation of tiebl, ay car driUuli+.}rre- you made to Sri IrtA. lee Foam tit it only rt yaxa are a 11.5, parson Iinchrdi iii 'a r+�udnnl eilrun). to probrcle you correct I IN ti the person requesting iI (the requester; and. hien applicable, ter. 1- re rtt). that the TIN you are gluing rs scarcer (ra yam are smiling ter ci I cumber tc her tweed), 2. Certify that y<:4.1 urc IInt sribl+'ut to backup wit itmldin g, or J. Cie ni t:xaiipticn from backup u:rllhholdlng it YOU arc a U,S. exempt payee, It appricahle, you are alnn raelifyirl Mel an a ILI S. peanne, ytier eilhxiuble share of rely parineertip meant: pare a U.S. Irani or binrss rs nnl NALII-r:l IL] tie •,:*itliholdin,U tax or fcaergn inaorae. nnd9 1. 1"rntily that FATCA r:nduhr( crrierud rat this farm 4t any) indu.atinrr I rut you are rz i:m pt tan the FAIL:A repxtinrj, rti r:rxtall. Note. II you are a I.I.S. persca l an+.1 a r equester hp eat: y'xr a lain of lets Ihar r Form W -Sr to rege lets! year TIN- you uric a mare the req,I ester's lour i f et ire sabre, hale ally similar hr tinsFnrm rt U. Definition of a U.S. person. For fc•dclal tax purpr:ser+, you aro cam4tier ccl a U.S, peroson it you aro, • Mi ineli lydlral 5.110 is a U -S. citizen is U.S. resident alien, • I1 prim leer shop. car pear alien. trom patty, a snrrxwralian ci«ale r.l ax : um l ced nr the t lndc:rl Stritre ui r rift N. the hnvc of the I Jaded Ste-ulta, *An catStie {other than at tricorn csiatc). al • A dorneslue trust {as detlneal In kegvlateans section 001 P770I-7i. Special rules for parttierships. Pamaershiips that conduct a trade car btlsrnews in the t antral States are larmrrally teetered le pays ::iihhsrtdrngl tax under ser;trrai 1446 ear nary frarigle- pirtrrrs' .tubere cif eftaetively ,xxrrx.:ted lax:A.le in„Fehr from a cacti business. I tattier, ai census cases c: here a I atm 4'J-9 has not been rererwed. the terra l Ind?r Se 1Iti a1 1445 [Kr I ll it o pot trl{tstiup to presume that h par trier is a Irmreli,Jn per:+exr and tray the aar•.Iieru 1446 r:i Fete rldirrp Ira. Th arufore. if yi Kr era e irrrarxr Itot is u prririnrr Ina pxmminerhhrp caarrlur.lincr +i barb car lnrrirmss rn then United Status, pr ude I arm W 9 to the partneishlp to establish your U.S. status arid avoxt s ed ton 1446 c: lthh+il h hnq came share of partners hip income. C,al. Nn. f con 1 x halm W-9 [Row. n ?013} BID NO #t B1600115 Page 23 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT I ifDIO:I Ng:', I hereby attest that I am the person responsible within my firm for the final decision as to the price{s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The pride(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 Of 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 trom bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited far 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. 5, My firm has not altered 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 cr promise by any firm or person to retrain 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 beep 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 OP MY KNOWLEDGE. Crnlno(Acr.^• 1 rn Cr onnnon; ".mc By Lit: '_n: CQI1LI3';lc. 'C tin ,, .:..'1'. ]-v r.C T C dg pill: -+C., ICI Ii • ey UEl le Talc Sworn to before me this day of, 20 tlkla••,• I'ubll_ My ::.mmiooinn ex;. res NOTE: This document must be signed in ink. CDOT Form YI 6 ifdr BID NO # B1600115 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 (CDOT) 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 (YIN) Selected (YIN) I certify that the information provided herein is true and correct to the best of my knowledge. Name Signature/Initials Title Date Work Proposed Cazegories: 11. Structural Steel and Steel Reinforcement 21 Cearing. remc.iitfon. Excavation and 1. Materials and Supplies 12. Rip rap andAnchcred Retaining Wails Earihvvorc 2. Fraggrngand Pattie Control 13. Landscape and Erosion Contra! 22 Engineering and Curveying Services 3. Trucking and Hauling 14. Bridge and Bridge DerkConstruction 23 PublroRelatloos and Involvement 4. Precast Concrete. Foundations and 15. Asphalt Paving 24 Prtesand Deep Foundations Footings 16. Road and Parking Lot Marking 25 Waste Management and Recycirng 5. Concrete Paving. Fratwror,k ann' Repair 17. Chip Seal. Gracic Seal. Joint Sealano' 26. Site Clean Up E Lighting and Electrical Crack Fill 27 Mechanical and HVAC 7. Signs. Signallnstallatron and Guardrarr 15. Bridge Parntingand Coating 25 Tunnet Constarction H. Fencing 19. Stairway and Ornamental Metal 22 Pror`il.rng and Grinding 9. Puddings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 36. EnvrrnnrnentalNeatth and Safety 10. Utility. Water and Selver Lrrres This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeformsigstate.co.us. CDOT Form #1413 01114 BID NO # B1600115 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 Commitments DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Name Title Signature Date This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01/14 BID NO 4 B1600115 Page 26 NOTICE OF AWARD PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT To: Project Description: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT The project in general consists of roadway widening and improvements to existing roadways. The project includes but is not limited to the following work items: excavation (6,904 CY), imported embankment (1,381 CY), aggregate base course (15,690 TON), concrete pavement (19,631 SY), hot mix asphalt paving (6,985 TON), erosion control, traffic control, construction surveying and other items. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) 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 , 2016 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Weld County, Colorado, Owner By: Michael Bedell, P.E., Senior Engineer Dated this day of , 2016 By: Title: BID NO #t B1600115 Page 27 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & (CONTRACTOR) WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this day of , 2016, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, the intersection of WCR 47 and SH 392 is in need of improvement as a result of increased traffic, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B1600115. The RFB contains all of 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 personnel to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. BID NO #t B1600115 Page 28 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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 $ 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 BID NO #t B1600115 Page 29 December 31St 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. 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. BID NO #t B1600115 Page 30 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods 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 BID NO #t B1600115 Page 31 failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $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. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. BID NO #t B1600115 Page 32 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 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 of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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, a representative who shall make all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications (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 BID NO #t B1600115 Page 33 d) transmission via facsimile, at the number set forth below, with a receipt or acknowledgment required by the sending party. Either party may change its notice address by written notice to the other. Notification Information: Contractor: Attn.: Address: Address: E-mail: Facsimile: County: Name: Michael Bedell, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: mbedell@weldgov.com Facsimile: (970) 304-6497 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any 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 this Agreement is capable of execution within the original intent of the parties. BID NO #t B1600115 Page 34 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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 BID NO #t B1600115 Page 35 Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 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. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2016. CONTRACTOR: By: Name: Title: Date: BID NO #t B1600115 Page 36 WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: County Attorney Director of General Services BID NO #t B1600115 Page 37 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2016, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 #t B1600115 Page 38 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2016. (Contractor) Secretary (SEAL) Contractor By (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 #t B1600115 Page 39 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2016, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 #t B1600115 Page 40 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2016. 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 #t B1600115 Page 41 NOTICE TO PROCEED PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT To: Date: Name of Project: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Michael Bedell, 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 , 2016. By Title BID NO #t B1600115 Page 42 CHANGE ORDER NO. (EXAMPLE) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT Date: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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: Michael Bedell, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: BID NO #t B1600115 Page 43 WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: County Attorney Director of General Services BID NO #t B1600115 Page 44 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT Owner's Project No: Engineer's Project No: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. Contractor: Contract For: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 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 #t B1600115 Page 45 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT TO: Weld County Public Works Attn: Michael Bedell, 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: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No.B1600115. 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 , 2016, by My commission expires: Notary Public BID NO #t B1600115 Page 46 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2016, 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. (Affix Corporate seal here) (F) (SEAL) (Name of sole ownership, corporation or partnership) (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 #t B1600115 Page 47 NOTICE OF ACCEPTANCE PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT TO: Date: RE: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Bid No. B1600115. 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: Michael Bedell, 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 , 2016. By (Contractor) Title BID NO #t B1600115 Page 48 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Proleot 1. List names of partnerships orjolnt ventures p 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 ]J none b. Key equipment changes 0 none o. Fiscal capability changes (legal actions, etc.) fl none d. Other changes that may effect the contractors ability to perform work. D 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 maim By Cate Title 2nd Contractor's firm or company name (iliotnt venture) By Date Title CDOT Form #605 4192 BID NO # B1600115 Page 49 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS Fa�in-.r w, Contractor and Colorado Department of Transportation (CBOT) recognize that in actual economic practice antitrust violations ultimately impact on COOT. Therefore, for goad cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by COOT pursuant to this contract. 2. Contractor hereby expressly agrees a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to COOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) COOT that such civil action is pending and of the date an 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 COOT hereunder, and c Promptly to pay over to COOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to COOT hereunder. 3. Further, Contractor agrees that in the event It hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign tc CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor, b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in writing_ (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and COOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; G. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and d. Promptly pay over to COOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to COOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. I TIII[ 2nd ccntocm?c f'rn or ro,1.131n `amu yid! '. entur? 6f DSIe TIllY CDOT Form 0421 12191 BID NO # B1600115 Page 50 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 CDCT. 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 COOT Form # 1415 01/14 BID NO 4 B1600115 Page 51 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. OBE Representative Title Signature Date See the DBE Standard Special provision for additional information on completing and submitting this form. Pre -award CDOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)757-9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Pre -award local agency projects: Submit this form to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. 2 of 2 CDOT Form # 1415 01/14 BID NO # B1600115 Page 52 COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1. Contractor and Project Information Bidder: Project: Address: Project Code: Contact Name: Proposal Amount: Contact Phone: Contract Goal Percentage Contact Email: Contract Goal Dollar Value: Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts. a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform; how much and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number of DBEs per area. b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach to meeting the contract goal). Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/or communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that maybe 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(s) and the reason why such commitments were not obtained prior to the proposal due date. Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE participation co 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, CDOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal program. 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 CDOT projects: Submit this form and all supporting documentation to the CDCT Civil Rights and Business Resource Center via fax to (303)757- 9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave, Room 150, Denver, CO 80222. Local agency projects: Submit this form and al 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 1 of 2 COOT Form #1416 01 BID NO # B1600115 Page 53 Subcontractor Quote Summary (Attach additional pages if necessary.) Subcontractor DBE (YIN) Work Type(s) Quote Amount Selected (YIN) Reason Page 2 of 2 CDOT Form #1416 01 BID NO # B1600115 Page 54 This page has been intentionally left blank. BID NO #t B1600115 Page 55 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 WCR 47/SH392 INTERSECTION IMPROVEMENTS PROJECT PROJECT SPECIAL PROVISIONS The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. Index of Project Special Provisions Index of Standard Special Provisions Notice to Bidders Commencement and Completion of Work Disadvantaged Business Enterprise (DBE) Contract Goal OJT Contract Goal Revision of Section 101 — Definitions and Terms Revision of Section 102 — Project Plans and Other Data Revision of Section 104 Scope of Work Revision of Section 105 — Control of Work Revision of Section 107 Legal Relations and Responsibility to Public Revision of Section 109 — Measurement and Payment Revision of Section 201 Clearing and Grubbing Revision of Section 202 — Removal of Structures and Obstructions Revision of Section 203 Excavation and Embankment Revision of Section 207 Topsoil Revision of Section 208 — Erosion Control Revision of Section 209 Watering and Dust Palliatives Revision of Section 216 — Soil Retention Covering Revision of Section 304 Aggregate Base Course Revision of Section 403 — Hot Mix Asphalt Revision of Section 412 Portland Cement Concrete Pavement Revision of Section 420 Geosynthetics Revision of Section 620 — Field Facilities Revision of Section 621 Detour Pavement Revision of Section 625 — Construction Surveying Revision of Section 626 Mobilization Revision of Section 630 — Portable Message Sign Panel Force Account Items Traffic Control Plan — General Utilities Date Page November, 2016 PSP1 November, 2016 PSP2 November, 2016 PSP4 November, 2016 PSP5 November, 2016 PSP6 November, 2016 PSP7 November, 2016 PSP8 November, 2016 PSP9 November, 2016 PSP10 November, 2016 PSP11 November, 2016 PSP12 November, 2016 PSP13 November, 2016 PSP14 November, 2016 PSP15 November, 2016 PSP16 November, 2016 PSP17 November, 2016 PSP18 November, 2016 PSP19 November, 2016 PSP20 November, 2016 PSP24 November, 2016 PSP25 November, 2016 PSP28 November, 2016 PSP29 November, 2016 PSP30 November, 2016 PSP31 November, 2016 PSP32 November, 2016 PSP33 November, 2016 PSP34 November, 2016 PSP35 November, 2016 PSP36 November, 2016 PSP38 PSP1 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 WCR 47/SH392 INTERSECTION IMPROVEMENTS PROJECT STANDARD SPECIAL PROVISIONS CDOT Section Date Pages Revision of 101 and 630 — Construction Zone Traffic Control (4/30/15) 2 Revision of 102 — Contents of Proposal Forms (4/9/15) 1 Revision of 105 — Construction Surveying (7/31/14) 1 Revision of 105 — HMA Pavement Smoothness (5/8/14) 7 Revision of 105 — Portland Cement Concrete Pavement Smoothness (2/18/16) 1 Revision of 105 and 106 — Conformity to the Contract of HMA (Voids Acceptance) 1/15/15) 10 Revision of 105, 106, 412, 601, and 709 — Conformity to the Contract of PCCP (4/30/15) 24 Revision of 106 — Buy America Requirements (11/6/14) 1 Revision of 106 — Certificates of Compliance and Certified Test Reports (2/3/11) 1 Revision of 106 — Hot Mix Asphalt Verification Testing (7/29/11) 2 Revision of 106 — Material Sources (10/31/13) 1 Revision of 106 - Supplier List (1/30/14) 1 Revision of 106 and 412 — Surface Texture of PCCP (10/29/15) 3 Revision of 107 — Project Payrolls (5/2/13) 1 Revision of 107 — Responsibility for Claims, Insurance Types and Limits (2/3/11) 1 Revision of 107 — Warning Lights for Work Vehicles and Equipment (1/30/14) 1 Revision of 107 — Water Quality Control (Owner Obtained Permit) (3/29/16) 6 Revision of 108 — Delay and Extension of Contract Time (4/30/15) 2 Revision of 108 — Liquidated Damages (10/29/15) 1 Revision of 108 — Notice to Proceed (7/31/14) 1 Revision of 108 — Project Schedule (7/31/14) 6 Revision of 108 — Subletting of Contract (1/31/13) 1 Revision of 109 — Compensation for Compensable Delays (5/5/11) 1 Revision of 109 — Measurement of Quantities (2/3/11) 1 Revision of 109 — Measurement of Water (1/6/12) 1 Revision of 109 — Prompt Payment (1/31/13) 1 Revision of 109 — Scales (10/29/15) 1 Revision of 202, 627, and 708 — Pavement Marking Paint (5/12/16) 3 Revision of 203, 206, 304, and 613 — Compaction (7/19/12) 2 Revision of 206 and 601 — Maturity Meters and Concrete Form Removal (12/18/15) 3 Revision of 208 — Erosion Control (9/22/16) 23 Revision of 212 — Seed (4/26/12) 1 Revision of 213 — Mulching (1/31/13) 4 Revision of 216 — Soil Retention Covering (7/16/15) 6 Revision of 250 — Environmental, Health and Safety Management (1/15/15) 14 Revision of 401 — Compaction of Hot Mix Asphalt (4/26/12) 1 Revision of 401 — Compaction Pavement Test Section (CTS) (7/19/12) 1 Revision of 401 — Temperature Segregation (2/3/11) 1 Revision of 401 — Tolerances for HMA (Voids Acceptance) (1/6/12) 1 Revision of 401 and 412 — Safety Edge (5/2/13) 2 Revision of 412 — PCCP Finishing (2/3/11) 1 Revision of 412, 601, and 711 — Liquid Membrane Compounds for Curing Concrete (5/5/11) 1 Revision of Section 601 — Class B, BZ, D, DT, and P Concrete (2/18/16) 2 Revision of 601 — Concrete Hatching (2/3/11) 1 Revision of 601 — Concrete Finishing (2/3/11) 1 Revision of 601 — Concrete Slump Acceptance (10/29/15) 1 PSP2 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 SH 392 AND WCR 47 INTERSECTION STANDARD SPECIAL PROVISIONS CDOT Section Revision of 601 - Structural Concrete Strength Acceptance Revision of 601 and 701 — Cements and Pozzolans Revision of 603 — Culvert Pipe Inspection Revision of 603, 624, 705, 707, and 712 — Drainage Pipe Revision of 612 — Delineators Revision of 627 — Preformed Plastic Pavement Marking Revision of 630 — Retroreflective Sign Sheeting Revision of 702 — Bituminous Materials Revision of 703 — Aggregate for Hot Mix Asphalt Revision of 703 — Concrete Aggregates Revision of 709 — Epoxy Coated Reinforcing Bars Revision of 712 — Geotextiles Revision of 712 — Water for Mixing or Curing Concrete Revision of 713 — Reflectors for Delineators and Median Barrier Affirmative Action Requirements — Equal Employment Opportunity Disadvantaged Business Enterprise (DBE) Requirements Minimum Wages Colorado — Weld County Decision Number CO160024 On the Job Training (OJT) Required Provisions for Federal -Aid Construction Contracts (FHWA-1273) PSP3 Date Pages (4/30/15) 1 (11/6/14) 4 (10/2/14) 1 (4/30/15) 3 (2/3/11) 1 (5/12/16) 1 (5/8/14) 1 (3/29/16) 11 (11/1/12) 2 (7/28/11) 1 (2/18/16) 1 (11/1/12) 2 (2/3/11) 1 (5/2/13) 1 (2/3/11) 10 (12/26/13) 9 (1/8/16) 7 (7/29/11) 3 (10/31/13) 14 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Michael Bedell, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3706 Cell Phone: 970-301-0780 Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3749 Cell Phone: 970-397-6288 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. END OF SECTION PSP4 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 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 within 120 Calendar Days unless the period for completion is extended otherwise by the County. The Contractor's progress schedule may be a Bar Chart Schedule, shall be updated weekly, and shall be provided to the County at the weekly progress meetings. Failure to submit a reasonable and current schedule as required may result in the County withholding payment to the Contractor. Salient features to be shown on the Contractor's progress schedule are: (1) Mobilization (2) Traffic Control (3) Erosion Control (4) Construction Surveying (5) Clearing and Grubbing (6) Removal of Existing Pavement (7) Excavation and Embankment (8) Installation of Drainage and Irrigation Items (9) Aggregate Base Course (10) Concrete Pavement (11) Hot Mix Asphalt Pavement (12) Seeding and Mulching (13) Striping and Signing END OF SECTION PSP5 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 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: 6.00% Percent DBE Participation END OF SECTION PSP6 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 ON-THE-JOB TRAINING (OJT) CONTRACT GOAL CDOT 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 OJT training hours required: 640 hours END OF SECTION PSP7 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 101 DEFINITIONS AND TERMS Technical Specifications related to construction materials and methods for the Work embraced under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions follows: Subsection 101.28: "Department" shall mean Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean Weld County Public Works County Engineer or designated representative. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean the Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County (where applicable). END OF SECTION PSP8 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102.05 shall be revised as follow: The following information will be available for review at the Office of the Weld County Public Works Department, 1111 H Street, Greeley, CO 80632 until the date set for the opening of bids: • Geotechnical Report The County will provide an area where bidders can review the available data. An electronic copy of the data will be made available to the bidder upon request. After the bids have been opened, the low responsible bidder may obtain from the County 10 hard copies of the Plans and Special Provisions. The County designer (Atkins) will provide the Contractor's surveyor with the electronic version of the Plans for surveying purposes. Subcontractors and suppliers shall obtain their set of Plans and Special Provisions from the Contractor only. END OF SECTION PSP9 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 104 SCOPE OF WORK Section 104.07 shall be revised as follow: Net cost savings on Value Engineering Cost Proposal (VECP) shall be split equally (50/50) between the Contractor and the County. The net cost savings for a VECP shall be calculated as follows: Net cost savings = Gross cost savings minus Contractor and County Engineering and Administration costs. END OF SECTION PSP 10 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 105 CONTROL OF WORK Section 105.03 shall be revised as follows: No "Incentive" or "Disincentive" payments will be made under this Contract. Section 105.05 shall be revised as follows: HMA Pavements shall be tested and evaluated for asphalt content, gradation, in -place density, and joint density. The evaluation of materials for Hot Mix Asphalt Paving shall not be subject to any incentive/disincentive payments. Section 105.06 shall be revised as follows: PCCP Pavements shall be tested and evaluated for compressive strength, pavement thickness, and flexural strength. The evaluation of materials for Portland Cement Concrete Paving shall not be subject to any incentive/disincentive payments. Table 105-5 shall be revised as follows: Element V factor Maximum Incentive Payment Lower Tolerance Limit, TL Flexural Strength Pavement Thickness 50 psi 0.4 inch 0.00% 0.00% 650 psi Plan Thickness -0.4" Section 105.07 shall be revised as follows: Pavement surfaces shall be tested and evaluated for longitudinal smoothness using the same method as described above under the transverse pavement surface smoothness. The HMA Pavement Surface Smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness. Section 105.08 shall be revised as follows: Pavement surfaces shall be tested and evaluated for longitudinal smoothness using the same method as described above under the transverse pavement surface smoothness. The PCCP Pavement Surface Smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness. Section 105.22 shall be revised as follows: CDOT will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to any such claims or dispute resolution. END OF SECTION PSP 11 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107.06 shall be revised as follows: 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. Section 107.17 shall be revised as follows - 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. Section 107.18 shall be revised as follows: For this project the insurance certificates shall name Weld County and CDOT as additionally insured parties. Section 107.19 shall be revised as follows: 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. Subsection 107.25 shall be revised as follows: Weld County has submitted an application to the State of Colorado for a General Permit for Storm -water Discharges Associated with Construction Activities. The Contractor shall be responsible for complying with the applicable requirements of this permit. The County Inspector shall serve as the Erosion Control Supervisor (ECS) for this project. END OF SECTION PSP 12 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109.06 shall be revised as follows: The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the original contract amount. The Contractor shall not receive any of the 5% amount retained until after the Notice of Final Acceptance has been issued by the Department, the final contract amount has been agreed upon by both parties, and all required lien waivers and other applicable contract documents have been received by the Department. Section 109.07 shall be revised as follows: 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 PSP 13 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201.02 shall be revised as follows: This work includes removal and disposal of miscellaneous surface debris including; trees, tree stumps, bushes, roots, sod, concrete, asphalt, refuse, items identified in the contract plans, and any other vegetation or organics encountered during construction activities that interferes with the work. The work includes removal of existing and temporary pavement markings as required for construction traffic control and to accomplish the final striping configuration shown in the contract plans. The work includes removal of all trash, glass, cans, barrels, construction materials, and any other non -organic materials that interferes with the work. Any dump fees or other fees associated with the work are considered subsidiary to the bid item. END OF SECTION PSP 14 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202.02 shall be revised as follows: This work includes saw -cutting, removal, and disposal of existing asphalt mat within the project limits as shown on the plans or at locations directed by the Engineer. The existing asphalt mat varies in thickness from 2.5 inches to 6 inches. Remove asphalt mat in a manner which minimizes contamination of the removed asphalt with the underlying material. The removed asphalt mat shall become the property of the Contractor and shall be either disposed of outside the project site, or used in one or more of the following ways: (1) Used in embankment construction in accordance with subsection 203.06. (2) Placed in bottom of fills as approved by the Engineer. (3) Recycled into the hot mix asphalt. (4) Placed in the sub -grade soft spots as directed by the Engineer. Section 202.11 shall be revised as follows: The removal of the existing asphalt mat will be measured by the square yard of mat removed to the required depth and accepted. The plan quantities do not include the reuse of the existing asphalt mat (millings) as described in methods 1 and 2. If the Contractor chooses methods 1 or 2, no adjustments to the embankment quantities will be made. END OF SECTION PSP 15 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203.02 shall be revised as follows: The replacement material for areas of muck excavation shall meet the requirements of Aggregate Base Course (Class 6), unless an alternative material has been approved for use by the Engineer. Section 203.03 shall be revised as follows: All embankment material shall consist of material that has been obtained from required excavation or from an approved source. The embankment material shall have a minimum R -value of 40. The Contractor shall not obtain embankment material, other than that developed from suitable materials excavated on site, or from an approved borrow source without written approval of the Project Inspector. Imported embankment from an approved borrow source which is being delivered to the jobsite shall be field -verified by the Project Inspector during the delivery process. Section 203.13 shall be revised as follows: The quantities for Embankment and Unclassified Excavation will not be measured, but will be the quantity designated in the Contract, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. Section 203.14 shall be revised as follows: Payment for Embankment and Unclassified Excavation shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This includes scarification, wetting and drying of soils to obtain optimum moisture content, compaction, testing, and hauling and disposal of excess or unsuitable materials off the jobsite. END OF SECTION PSP 16 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 207 TOPSOIL Section 207.01 is hereby revised as follows: This work consist 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. Section 207.04 is hereby revised as follows: 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. Section 207.05 is hereby revised as follows: The contract unit price for topsoil shall be full compensation for all work necessary to complete the item including removing existing on -site topsoil material, stockpiling the existing topsoil material, haul, and redistributing the existing topsoil material onto the re -graded slopes. END OF SECTION PSP 17 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 208 EROSION CONTROL Section 208.01 shall be revised as follows: The project will disturb more than one acre of ground and therefore Weld County shall obtain a Colorado Stormwater Discharge Permit: If pumping to dewater is required during the construction, the Contractor will be required to obtain a Construction Dewatering Permit from the State. All costs associated with dewatering and obtaining this permit shall be considered subsidiary to the Mobilization bid item. Stabilized Construction Staging Area: The Contractor shall take the responsibility to establish staging area(s) for the project. Any agreements made for staging on private property shall be made in writing and a copy of such written agreements shall be provided to the County. The Contractor shall provide erosion and sediment control for all staging areas and shall be responsible for revegetation of all staging areas. All costs and work associated with the stabilized construction areas shall be considered subsidiary to the Mobilization bid item. END OF SECTION PSP18 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209.01 shall be revised as follows: Application of dust palliative to detour roadways (gravel surfaced) must be completed prior to detouring traffic onto those roadways. Section 209.02 shall be revised as follows: The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract Documents, including any necessary permits or fees. Sections 209.07 and 209.08 shall be revised as follows: Water required for all work covered under the Contract will not be measured and paid for separately but shall be incidental to the work. END OF SECTION PSP 19 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216.01 is hereby revised as follows: This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets for erosion control on roadway ditches, slopes, or channels as designated in the Contract or as directed. Section 216.02 is hereby revised as follows: Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. Blankets shall be sewn together on 1.50 inch to 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. PSP20 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Minimum Roll Width Minimum Thickness ASTM D 6525 Acceptable Matrix Fill Material Min. Mass per Unit Area ASTM D 6475 Size of Net Opening Photo- degradable Bio- degradable 1 6.5' 0.25" Straw/Coconut 8 oz/sy Minimum: 0.50"x0.50" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Maximum: 0.5"x1.0" 2 6.5' 0.20" Coconut Fibers 8oz/sy Minimum: 0.50" x0.5" Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" Maximum: 0.5"x1.0" Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application Permissible Shear Stress (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 1 < 0.10@3:1 2.00 lbs/sf 100 lbs/ft 2 < 0.10@3:1 2.25 lbs/sf 125 lbs/ft Notes: 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h:v) to ratio of soil loss from unprotected (control) plot in large- scale testing. 2 Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing. PSP21 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 216 SOIL RETENTION COVERING Blankets shall be tested for physical properties and have published data from a pre -approved independent testing facility. Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed by a pre -approved independent testing facility. A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Section 216.03 is hereby revised as follows: The Contractor shall install soil retention coverings using the following procedure: (1) Prepare a stable and firm soil surface free of rocks, weeds, clods, roots, sticks, rivulets, gullies, and other obstructions. (2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. (3) Place seed in accordance with the Contract. (4) Unroll the covering parallel to the primary direction of flow. (5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. (6) Do not stretch the material or allow it to bridge over surface inconsistencies. (7) Staple the covering to the soil such that each staple is flush with the underlying soil. (8) Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install (9) Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled at 1 foot on center. There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering. Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be applied on the slope every 35 feet. Each staple check shall consist of two rows of staggered staples. The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled. If a slope runs into a receiving water or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where required due to soil type or steepness of slope. PSP22 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 216 SOIL RETENTION COVERING Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall be anchored every 30 feet with a check slot. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. Section 216.06 is hereby revised as follows: The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering. Section 216.07 is hereby revised as follows: Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface. Allowance will not be made for overlap. Section 216.08 is hereby revised as follows: The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. END OF SECTION PSP23 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304.02 shall be revised as follows: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The Aggregate Base Course (Class 6) must meet the gradation requirements and have a resistance value of at least 69 when tested by the Hveem Stabilometer method. Test results documentation for the materials used for this project must be provided to the County prior to use on site. Section 304.07 shall be revised as follows: The Contractor shall be aware that the plan quantities are based upon unit weight and in -place density, as described in the Plans. The Contractor's bid unit cost shall account for differing unit weights he intends to furnish to the project as no quantity adjustments will be made for differing unit weights. The Project Inspector will verify that the plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the material supplier. END OF SECTION PSP24 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403.02 shall be revised as follows: The design mix for hot mix asphalt shall conform to the following table. Table 403-1 Test Value For Grading Property Method SX(100) S(100) Air Voids, percent at: N (design) CPL 5115 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): N (design) CPL 5115 100 100 Stability, minimum CPL 5106 30 30 Accelerated Moisture Susceptibility CPL 5109 Tensile Strength Ratio (Lottman), minimum Method B 80 80 Minimum Dry Split Tensile CPL 5109 Strength, kPa (psi) Method B 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-22 Voids in the Mineral Aggregate See Table See Table (VMA) % minimum CP 48 403-2 403-2 Voids Filled with Asphalt (VFA), % AI MS -2 65-75 65-75 Dust to Asphalt Ratio Fine Gradation CP 50 0.6 — 1.2 0.6 — 1.2 Coarse Gradation 0.8 — 1.6 0.8 — 1.6 Note: AI MS -2 = Asphalt Institute Manual Series 2 Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by RME depending on project conditions. PSP25 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 403 HOT MIX ASPHALT All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1V2) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 19.0 (3/4) 13.6 13.7 13.8 12.5 (V2) 14.6 14.7 14.8 9.5 (3/x) 15.6 15.7 15.8 4.75 (No.4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt shall not contain more than 25% reclaimed asphalt pavement. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken at the location specified in CP 41 (Method A). Section 403.03 shall be revised as follows: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the construction season, shall be completed to the full thickness required by the Plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. PSP26 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403.05 shall be revised as follows: Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. Tack coat will not be measured separately, but shall be included in the unit price bid. END OF SECTION PSP27 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412.13 shall be revised as follows: If tie bars are inserted into plastic concrete with a tie bar insertion machine, tie bar location and concrete consolidation shall be subject to the following additional requirements: Each 2500 linear feet of longitudinal weakened plane joint resulting from the procedure shall have one random location cored where the core intercepts an inserted tie bar. The core shall be six-inch diameter taken in the presence of the Engineer. If non -consolidated concrete is evident above the inserted tie bar, the Contractor shall cease paving operations and submit a corrective action plan in writing for approval. Correction of the joint and further paving shall take place only after written approval of the corrective action plan has been provided by the Engineer. Additional coring may be required, as directed by the Engineer. Coring operations, including patching, shall be at the Contractor's expense. Further failure to consolidate the concrete over the tie -bars will be justification to preclude the use of the automatic tie -bar insertion for the remainder of the project. Section 412.14 shall be revised as follows: All references to "curing compound" shall be changed to "curing and sealing compound" for highway use. The "curing and sealing compound" shall be approved by Weld County 14 days prior to use. END OF SECTION PSP28 WCR47/SH392 INTERSECTION IMPROVEMENTS PROJECT November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 420 GEOSYNTHETICS Section 420.01 shall be revised as follows: This work consists of furnishing and installing geogrid reinforcement material, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. Geotextile (reinforcement) shall be installed at where soft or yielding subgrade soils are encountered, after over - excavating and before backfilling with Class 6 Aggregate Base Course. Section 420.02 shall be revised as follows: Geotextile (reinforcement) material shall be Tencate Mirafi RS580i or equivalent. The Contractor shall submit material specifications and a sample of the material to the Project Inspector for review prior to delivery to the jobsite. Section 420.03 shall be revised as follows: Geotextile (reinforcement) material shall be installed per the manufacturer's recommendations. END OF SECTION PSP29 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 620 FIELD FACILITIES Section 620.02 shall be revised as follows: A facsimile machine is not required. Replace Telephone Service with Internet Connection and Service. Section 620.07 shall be revised as follows: If suitable electrical service cannot be obtained in a timely manner, the Contractor shall supply an adequate portable generator as a substitute, and shall supply the fuel and maintenance required for continuous operation of the generator. END OF SECTION PSP 30 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 SECTION 621 DETOUR PAVEMENT Section 621.01 shall include the following: This work consists of constructing asphalt detour pavement by the Contractor. Section 621.02 shall include the following: The Contractor shall be responsible for quality control required to assure adequate quality of hot mix asphalt and aggregate base course used in the pavement. Section 621.03 shall include the following: The minimum thickness of detour pavement shall be 6" Aggregate Base Course (Class 6) plus 3" Hot Mix Asphalt. If the materials used require that the Contractor provide thicknesses greater than minimum to serve for the life of the detour pavement, these shall be provided at no additional costs. The detour pavement construction shall include grading, sawing existing pavement and pavement appurtenances, embankment material, planning, and other items of work necessary for the construction of detour pavement. The removal of the Detour Pavement shall be accomplished in accordance with the applicable sub -sections of Section 202. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic. The removal will not be paid for separately but shall be considered subsidiary to this item. The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm drains necessary for the control of storm drainage. These items will not be paid for separately but shall be considered subsidiary to this item. The Contractor shall be responsible for ensuring all embankment construction for Detour Pavement is constructed in accordance with applicable portions of Section 203 of the Standard Specification for Road and Bridge Construction, 2011. The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not exceed 4 percent break -over. Longitudinal joints which have a vertical drop-off shall be sloped with Hot Mix Asphalt, and the slope shall be 8 horizontal to 1 vertical or flatter. Section 621.04 shall include the following: The Contractor shall maintain the detour for the entire period that it is open to traffic. Any distress that affects the ride, safety, or serviceability of the detour roadway shall be corrected to the satisfaction of the Weld County at the expense of the Contractor. Failure to properly maintain Detour Pavement may result in a payment reduction to the Contractor, as determined by the Engineer. END OF SECTION PSP 31 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625.04 shall be revised as follows: Contractor's surveyor must establish survey control points a minimum of every half mile prior to beginning of construction, and provide a map and list of these control points along with locations and elevations. The Contractor must protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. Prior to beginning construction, the Contractor's surveyor must stake out all Right Of Way corners and Temporary Construction Easements shown on the approved ROW plans with temporary (for the duration of the project) points using re -bar, lath, or hubs and marked with flagging so they are easily visible. Those indicating the limits of construction within which the Contractor is allowed to work must be maintained throughout the project. The Contractor must protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. END OF SECTION PSP 32 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 626 MOBILIZATION Section 626.01 shall be revised as follows: 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 to original conditions after construction. The Contractor shall provide erosions and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The 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 END OF SECTION PSP 33 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630.03 shall be revised as follows: Portable message sign panel shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain - winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. Section 630.13 shall be revised as follows: The portable message sign panels shall be on the project site at least 7 calendar days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. END OF SECTION PSP 34 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Division's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Force Account Item F/A Minor Contract Revisions F/A On -The -Job Training F/A Quantity 1 F/A 1 F/A Amount $200,000.00 $960.00 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 of this Contract. F/A On -The -Job Training — This Force Account is to pay for incentives included in the Standard Special Revision for this item. END OF SECTION PSP 35 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.08. The components of the Traffic Control Plan for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (2) Standard Plans S-630-1 and S-630-2, Traffic Controls for Highway Construction. (3) Schedule of Construction Traffic Control Devices. (4) Signing and Striping Plans. All lane closures shall be subject to the approval of the Project Engineer. Each lane closure request shall be made at least 48 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized continuously for the purpose for which they were set up. The Contractor shall coordinate and cooperate fully with the Department, utility owners, and other contractors, to assure adequate and proper traffic control is provided at all times. Traffic Control Plans shall be submitted to the Department a minimum of two weeks prior to the date which implementation is planned. The Contractor shall coordinate and cooperate fully with any others providing traffic control for other operations to assure that work or traffic control devices do not interfere with the free flow of traffic except as allowed by the Traffic Control Plan. Excavations or holes shall be filled in or fenced at the Engineers direction when unattended. During non - construction periods (nights, weekends, holidays, etc.), all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. The Contactor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety, access, or the flow of traffic. The Contractor shall not have construction equipment nor materials in the lanes open to traffic nor parked or stored within the clear zone adjacent to active lanes of travel at any time. Materials or equipment stored within the right-of-way outside of the clear zone shall be as designated by the Contractor and approved by the Engineer. The Contractor's and employee's vehicles shall be parked in a safe place away from active traffic and shall not directly access roadways except at designated locations. If required, the Contractor shall provide suitable transportation to and from work sites for personnel. No work on Sunday shall be allowed unless directed by the Project Engineer. The Contractor shall submit an MHT, all appropriate Traffic Control Supervisor and Flagger documentation to the Engineer prior to approval of the setting any traffic control device. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project, including any additional traffic / pedestrian control. During the construction of this project, traffic shall use the present traveled roadway. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless otherwise approved by the Engineer. PSP 36 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 TRAFFIC CONTROL PLAN - GENERAL All personnel vehicle parking is prohibited where it conflicts with safety, access or flow of traffic. The Contractor shall Maintain open communication with the Project Engineer about all aspects of the daily and weekly work schedule. All construction traffic control devices including signs installed as part of this project shall be installed, as stated in the Traffic Plans and CDOT's M & S Standards. Construction signing shall be removed unless work is in progress or devices have been left on the job site. This work shall be included in the price of the traffic control devices. All portable signs shall be removed at the end of each working day, and shall not block or impede other existing traffic control devices, or sidewalks for pedestrians, disabled persons or bicycles. The Contractor shall equip its construction vehicles with flashing amber lights. Flashing lights on vehicles shall be visible from all directions. The Contractor shall maintain access to all roadways, side streets, walkways, bike paths and driveways at all times unless otherwise directed by the Engineer. The Contractor shall maintain continuous access through the project for pedestrians, bicycles and disabled persons. When the existing access route is disrupted by construction or construction related activities, a temporary access shall be provided. All pedestrian access shall be delineated through the work area using proper channelizing devices. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. END OF SECTION PSP 37 SH 392 & WCR 47 INTERSECTION PROJECT NO.: STM CO30-056 UTILITIES The following table includes contacts that can assist in locating known utilities. November, 2016 UTILITY OWNER / ADDRESS CONTACT / EMAIL PHONE / FAX XCEL Energy, (Synergetic) 200 E. 7th St, Suite 300 Loveland, CO 80537 Shayla Montano Shayla.A.Montano@xcelenergy.com 970-663-9970 Century Link (Qwest) 2505 1't Ave Greeley, CO 80631 Carson Ortega Carson.Ortega@gwest.com 970-392-4837 North Weld Water District 32825 CR 39 Lucerne, CO 80646 Eric Larson EricL@NWWD.org 970-356-3020 DCP Midstream 1324 North 7' Ave Greeley, CO 80631 Lewis Hagenlock LDHagenlock@.DCPmidstream.com 970-378-6351 Noble Energy (Tanks in Area but not impacted by Project) 804 Grand Ave. Platteville, CO 80651 Sean Casper SCasper@Nobleenergyinc.com 970-785-5058 The Contractor shall coordinate with the Project Engineer and any appropriate utility company to facilitate the installation, placement and relocation of all utilities impacted on this project. The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.11 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and specifications, and as directed by the Engineer, the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. The Contractor shall coordinate the work with the owners of the utilities impacted by the work. Coordination with utility owners includes, but is not limited to, staking construction features, providing and periodically updating an accurate construction schedule which includes all utility work elements, providing written notification of upcoming required utility work elements as the construction schedule indicates, allowing the expected number of working days for utilities to complete necessary relocation work, conducting necessary utility coordination meetings, and all other necessary accommodations as directed by the Project Engineer. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the utility owner. Prior to excavating or performing any earthwork operations, the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction. The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as directed by the Project Engineer. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. PSP 38 SH 392 & WCR 47 INTERSECTION November, 2016 PROJECT NO.: STM CO30-056 UTILITIES THE WORK LISTED BELOW SHALL BE PERFORMED BY THE CONTRACTOR: • Adjust water valve risers owned by North Weld Water District to match final grade. IRRIGATION FACILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the Irrigation Companies in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. Work impacting the Irrigation Ditches shall not occur during irrigating season. The Contractor shall notify all affected Irrigation Companies at least ten (10) business days, not including the day of notification, prior to commencing such operations. Known utilities within the limits of this project are shown in the plans. The locations of irrigation facilities shown on the plans and described herein were obtained from the best available information, but are not to be considered complete as to location or identification of all irrigation structures that could be encountered. While performing work during the irrigation season (typically May 1" through October 1") the Contractor will be required to construct temporary ditches, berms, pipes, diversions, and dewatering to keep the irrigation water separated from the work areas. All such work shall be coordinated with the effected landowner. In addition, any permanent irrigation features (pipes, ditches, and structures) required as part of this project shall be completed and functional prior to May 1, 2017. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to irrigation facilities conflicts. END OF SECTION PSP 39 April 30, 2015 1 REVISION OF SECTIONS 101 AND 630 CONSTRUCTION ZONE TRAFFIC CONTROL Sections 101 and 630 of the Standard Specifications are hereby revised for this project as follows: In subsection 101.01 add the following: MASH Manual for Assessing Safety Hardware In subsection 630.01, delete the first paragraph and replace with the following: 630.01 This work consists of furnishing, installing, moving, maintaining, and removing temporary traffic signs, advance warning arrow panels, flashing beacon (portable), barricades, channelizing devices, delineators, temporary traffic signals, mobile pavement marking zones, masking and unmasking existing signs in construction zones, and concrete barriers as required by the Manual on Uniform Traffic Control Devices for Streets and Highways and the Colorado Supplement thereto, in accordance with the Contract. Devices shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices temporarily not in use shall, as a minimum, be removed from the shoulder area. Moving will include devices removed from the project and later returned to use. In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U -channel with a slip base. The temporary sign support assembly shall conform to NCHRP (only applicable for sign support assemblies developed prior to 2011) or MASH (acceptable for all sign support assemblies), and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. In subsection 630.07(a), delete the first paragraph and replace with the following: (a) Stackable Vertical Panels. Stackable vertical panels shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for vertical panels developed prior to 2011) or MASH (acceptable for all vertical panels) and shall meet MUTCD requirements for vertical panels. Vertical panels shall be retroreflectorized with Type IV sheeting, in accordance with subsection 630.02. The stackable vertical panels shall have the following properties: In subsection 630.07(b), delete the first paragraph and replace with the following: (b) Stackable Tubular Markers. Stackable tubular markers shall comply with the crash test requirements contained in NCHRP Report 350 (only applicable for stackable tubular markers developed prior to 2011) or MASH (acceptable for all stackable tubular markers) and shall conform to MUTCD requirements for Tubular Markers. The stackable tubular markers shall have the following properties: In subsection 630.09, delete the second and third paragraphs, and replace with the following: Work zone devices designated by FHWA as Category I, II, or III, shall comply with the performance criteria contained in NCHRP Report 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices). Devices designated as Category IV, including but not limited to portable or trailer -mounted devices such as flashing arrow panels, temporary traffic signals, area lighting supports, and changeable message signs are not required to meet NCHRP 350 or MASH requirements. Except for Category IV devices, the Contractor shall obtain and present to the Engineer the manufacturer's written NCHRP 350 (only applicable for devices developed prior to 2011) or MASH (acceptable for all devices) certification for each work zone device before it is first used on the project. April 30, 2015 2 REVISION OF SECTIONS 101 AND 630 CONSTRUCTION ZONE TRAFFIC CONTROL In subsection 630.10(a) (3) (iii), delete the third paragraph, and replace with the following: Groups 1 and 2 shall each be equipped with a truck -mounted Advance Warning Flashing or Sequencing Arrow Panel (C Type), and a truck mounted impact attenuator. The impact attenuator shall be located on the rearmost vehicle of each group. A separate vehicle for this attenuator may be used. Each truck -mounted impact attenuator shall be certified by the manufacturer to be able to withstand a 62 MPH impact in accordance with NCHRP 350, Test Level 3 (only applicable for truck -mounted impact attenuators developed prior to 2011) or MASH, Test Level 3 (acceptable for all truck -mounted impact attenuators). The cone setting truck and the cone pickup truck shall not be the same vehicle. In subsection 630.16, delete the 5th paragraph. April 9, 2015 REVISION OF SECTION 102 CONTENTS OF PROPOSAL FORMS Section 102 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 102.02 and replace with the following: 102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to perspective bidders on the CDOT Business Center web site. The forms on this web site will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time and place of the opening of proposals. All bidders on projects shall submit electronic bids only. Innovative delivery method projects such as Design -Build, CMGC and Best Value, are not subject to this electronic bidding requirement. The plans, specifications, and other documents designated in the proposal form, will be considered a part of the proposal. The prospective bidder shall pay the Department the sum stated in the Invitation for Bids for each set of plans. July 31, 2014 REVISION OF SECTION 105 CONSTRUCTION SURVEYING Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.13, delete (a) and replace with the following: (a) Contractor Surveying. When the bid schedule contains pay item 625, Construction Surveying, the Department will provide control points and bench marks as described in the Contract. The Contractor shall furnish and set construction stakes establishing lines and grades in accordance with the provisions of Section 625. The Engineer may order extra surveying which will be paid for at a negotiated rate not to exceed $150 per hour. In subsection 105.13 (b), delete the sixth paragraph and replace with the following: The Contractor shall be held responsible for the preservation of all stakes and marks, and if any are destroyed, disturbed or removed by the Contractor, subcontractors, or suppliers, the cost of replacing them will be charged against the Contractor and will be deducted from the payment for the work at a negotiated rate not to exceed $150 per hour. May 8, 2014 1 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS Section 105 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 105.07 and replace with the following: 105.07 Conformity to Roadway Smoothness Criteria of HMA. Roadway smoothness testing and corrective work shall be performed as described below. The pavement smoothness category shall be HRI Category II unless shown on the plans. (a) Smoothness Quality Control Testing. 1. The Contractor shall perform Smoothness Quality Control (SQC) testing. The test results shall be submitted to the Engineer within 48 hours of completion. SQC test results shall show the Half Car Roughness Index (HRI) for each 0.10 mile section and shall show the results for localized roughness. All traffic control costs associated with SQC testing will be paid for in accordance with Section 630. SQC testing shall be performed on the first 2,000 tons for the final layer. SQC testing shall be performed using the Contractor's inertial profiler, pursuant to the methods described in subsection 105.07(b) and in accordance with the manufacturer's recommendations. The Contractor's Profiler shall be certified according to CP 78. A list of certified profilers is located at http://www.dot.state.co.us/DesignSupport/. Production shall be suspended if SQC testing indicates that corrective work is required in accordance with subsection 105.07 (c). If the SQC data becomes available after production has started for the day, suspension will begin at the end of that production day. Production will remain suspended until the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor. Production will not be allowed to resume until the proposed corrective actions have been accepted by the Project Engineer in writing. When production resumes, the Contractor shall profile the first 2,000 tons of HMA. The conditions above for suspension of work will apply. 2. The finished transverse and longitudinal surface elevation of the pavement shall be measured using a 10 foot straightedge. Areas to be measured will be directed by the Engineer. The Contractor shall furnish an approved 10 foot straightedge, depth gauge and operator to aid the Engineer in testing the pavement surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet. (b) Initial Smoothness Acceptance Testing. The Contractor shall perform Smoothness Acceptance Testing (SA) which will be used for acceptance and calculation of incentive and disincentive adjustments. All traffic control costs associated with SA testing will be paid for in accordance with Section 630. 1. Longitudinal Pavement Surface Smoothness Acceptance. Pavement surfaces shall be tested and accepted for longitudinal smoothness as described herein. A. Testing Procedure (General). The longitudinal surface smoothness of the final pavement surface shall be tested by the Contractor in accordance with CP 74 and using the Contractor's high-speed profiler (HSP). The Contractor's Profiler shall be certified according to CP 78. A list of certified profilers is located at http://www.dot.state.co.us/DesignSupport/ The HSP instrumentation shall be verified in accordance with CP 74 prior to measurements. The Contractor shall lay out a distance calibration site. The distance calibration site shall be located no more than ten miles from the Project limits. The distance calibration site shall be 1056 feet long and shall be on a relatively flat, straight section of pavement as approved by the Engineer. The site May 8, 2014 2 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS shall have a speed limit equal to the Project's highest speed limit that allows for the HSP to operate uninterrupted. The limits of the site shall be clearly marked and the distance shall be measured to an accuracy of +/- 3 inches. The Contractor shall provide in writing the site location to the Engineer. The cost of the distance calibration site will not be measured and paid for separately, but shall be included in the work. The entire length of each through lane, climbing lane and passing lane including bridge approaches, bridge decks and intersections from the beginning to the end of the project shall be profiled in their planned final configuration. Shoulders less than 12 foot in width and medians will not be profiled and will not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or greater, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be profiled, but will not be subject to incentive/disincentive adjustments. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for localized roughness corrective work. The profile of the entire length of a lane shall be taken at one time. However, the Engineer may break a project into sections to accommodate Project phasing. A sufficient distance shall be deleted from the profile to allow the profiler to obtain the testing speed plus a 300 foot distance to stop and start when required. Incentive/disincentive adjustments will not be made for this area. The final surface of these areas shall be tested in accordance with subsection 105.07(a) 2. Shoulders less than 12 foot in width and medians constructed as part of this project shall be measured in accordance with subsection 105.07(a) 2. The profile shall include transverse joints when pavement is placed by the project on both sides of the joint. When pavement is placed on only one side of the joint, the profile shall start 25 feet outside the project paving limits. The profile of the section of pavement 25 feet outside the paving limits to 25 feet inside paving limits will not be subjected to incentive or disincentive adjustments, but will be evaluated for localized roughness. The profile of the area 25 feet each side of every railroad crossing, cattle guard, bus pad, manhole, gutter pan and intersection (where there is a planned breakpoint in the profile grade line in the direction of traffic) shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for these areas. Areas deleted from the profile shall be tested in accordance with subsection 105.07(a) 2. When both new pavement and a new bridge or new bridge pavement are being constructed in a project, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for this area. Areas deleted from the profile shall be tested in accordance with subsection 105.07(a) 2. The bridge deck will be evaluated for localized roughness. Corrective work required in these areas will not be measured and paid for separately, but shall be included in the work. For all other projects, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the HRI is determined. Incentive/disincentive adjustments will not be made for this area. If the Engineer determines that corrective work is required in this area, payment will be made in accordance with subsection 109.04. The Contractor shall notify the Engineer in writing at least five working days in advance of his intention to perform SA testing. The Contractor shall profile the Project within 14 days after the completion of paving operations. The Engineer will witness the SA profiling and take immediate possession of the SA data. The Contractor shall not perform any corrective work that will affect the pavement smoothness for ten working days after completion of the SA testing or as approved by the Engineer. This time is to allow for the Department to analyze the data and perform smoothness verification testing. May 8, 2014 3 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS B. Smoothness Testing Procedures. The Contractor shall mark the profiling limits and excluded areas. The Engineer will verify that the Contractor's marks are located properly. The Contractor shall use traffic cones with reflective tape or reflective tape on the pavement at the beginning and end of each lane for triggering the start and stop locations on the profiler and at any other location, where portions of the profile are being deleted. These locations shall be marked with temporary paint so that the Department's profiler uses the same locations for smoothness verification testing. The ambient temperature shall be at least 34 °F for the profiler to operate. The Contractor shall clear the lanes to be tested of all debris before profiling. The Contractor shall submit a Method for Handling Traffic (MHT) to the Engineer for approval at least five days in advance of SA testing. The MHT shall detail the methods for traffic control that will allow for continuous non-stop profiling of each lane to be profiled at a minimum speed of 15 mph. The Contractor shall provide the traffic control in accordance with the approved MHT. Each lane shall be profiled at least once. Profiling shall be at a constant speed (+/- 5 mph of the distance calibration speed ) with a minimum speed of 15 mph and a maximum speed of 70 mph. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes shall be profiled. The profile shall be taken in the planned direction of travel. The left and right wheel paths shall be profiled simultaneously. The collected profiles shall be turned over immediately to the Engineer and will be analyzed using CP 74. (1) The Department will determine a HRI for each 0.1 mile section or fraction thereof of completed pavement. The HRI consists of the left and right wheel path's profile passed through the International Roughness Index (IRI) filter. The Contractor's SA test results will be available within ten working days of the completion of SA testing. The Engineer will give the Contractor a report that will include the lane profiled, the HRI in 0.10 mile increments and a summary of areas requiring corrective work. The Engineer may determine that it is necessary for the Contractor to re -profile a lane. Areas requiring corrective work will be determined according to subsection 105.07(c) 1. Sections less than 0.01 miles in length shall not be subject to corrective work as specified by Table 105-6. Sections less than 0.01 miles in length shall be included in the Localized Roughness determination. C. Acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a square yard basis in accordance with the following: Incentive and Disincentive adjustments will be based on the HRI for each 0.1 mile section or fraction thereof. Incentive/Disincentive adjustments for Pavement Smoothness will be made in accordance with Table 105-6. Sections less than 0.01 miles in length will not be subject to disincentives. Incentive payments will not be made until all localized roughness areas have been corrected. May 8, 2014 4 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS Table 105-6 HMA PAVEMENT SMOOTHNESS (INCHES/MILE) HALF -CAR ROUGHNESS INDEX Pavement Smoothness Category Incentive Payment ($/sqyd) No Incentive or Disincentive Disincentive Payment ($/sqyd) Corrective Work Required When HRI ≤ 40.0 I= $1.28 When HRI ? 63.0 and ≤ 72.0 I = $0.00 When HRI > 72.0 and < 90.0 1=5.12-0.07111x HRI When HRI > 90.0 When HRI > 40.0 and < 63.0 I= 3.51 - 0.05565 x HRI When HRI ? 90.0 I = - $1.28 II When HRI ≤ 35.0 I= $1.28 When HRI ? 58.0 and ≤ 67.0 I = $0.00 When HRI > 67.0 and < 85.0 1=4.76-0.07111x HRI When HRI > 85.0 When HRI > 35.0 and < 58.0 I= 3.23 - 0.05565 x HRI When HRI ? 85.0 I = - $1.28 III When HRI ≤ 45.0 I=$1.28 When HRI ? 70.0 and ≤ 80.0 I = $0.00 When HRI > 80.0 and < 100.0 I=5.12 -0.064x HRI When HRI > 100.0 When HRI > 45.0 and < 70.0 I=3.584 -0.0512x HRI When HRI ? 100 I = - $1.28 (c) Corrective Work. The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). Corrective work shall be proposed in writing by the Contractor. Corrective work shall not be performed until approved in writing by the Engineer. The Contractor shall not perform any corrective work on the final layer until after the Engineer returns the results of the Initial Smoothness Acceptance testing and after the Department's Smoothness Verification testing, if performed. The Contractor shall perform corrective work in the areas indicated by the SA testing. Corrective work on lower layers shall be at the Contractor's discretion. The Contractor shall profile the roadway to verify the required corrective work has been completed. If the Contractor elects to perform corrective work prior to the completion of initial SA testing, the entire 0.10 mile section, or fraction thereof, will not be eligible for incentive payment, but will be eligible for disincentive. The Engineer will not modify the limits of the 0.10 mile sections to group corrective work areas in an effort to reduce the number of sections impacted by this decision. The Contractor may elect to perform additional corrective work to reduce or eliminate the disincentive payment for each 0.1 mile section or fraction thereof after the initial SA testing and the Department's verification testing. May 8, 2014 5 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS The criteria for determining if a 0.1 mile section or fraction thereof requires corrective work is specified in Table 105-6. In addition to determining if a 0.1 mile section or fraction thereof requires corrective work, the profiles shall be analyzed for areas of Localized Roughness. Localized Roughness. The profiles shall be analyzed to determine where areas of localized roughness occur. The profile shall be summarized using the continuous HRI reporting system using an averaging length of 25 feet. The FHWA's latest version of ProVal software will shall be used to generate the continuous HRI report. ProVal can be downloaded at http://www.roadprofile.com. Areas of localized roughness are determined to be where the continuous HRI report exceeds the values in Table 105-9. Areas of localized roughness greater than 15.0 feet in length shall be considered deficient, and require corrective work.. Areas of localized roughness less than 25 feet in distance that contain a valve box shall be tested in accordance with subsection 105.07 (a) 2. for corrective work. Table 105-9 CONTINUOUS HRI USING 25 FOOT AVERAGING FOR LOCALIZED ROUGHNESS CORRECTIVE WORK ON HMA PAVEMENTS HRI SMOOTHNESS CATEGORY HRI In/mile I 135.0 II 125.0 III 150.0 1. Corrective Methods. Corrective work shall consist of diamond grinding, an approved overlay, or removal and replacement. Corrective work shall conform to of one of the following conditions: (1) Removal and Replacement. The pavement requiring corrective work shall be removed, full width of the lane and the full thickness of the layer in accordance with subsection 202.09. The removal area shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut perpendicular to centerline. Replacement material shall be placed in sufficient quantity so the finished surface conforms to grade and smoothness requirements. Sections removed and replaced shall be at least 0.20 miles in length. (2) Overlay. The overlay shall cover the full width of the pavement including shoulders. The area overlaid shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut and asphalt removal. All material shall be approved hot bituminous mixtures that meet all contract requirements. The overlay shall be placed so that the finished surface conforms to grade and smoothness requirements. The overlay area shall be compacted to the specified density. The overlay thickness shall be equivalent to that of the final layer in accordance with the Contract. Sections overlaid shall be at least 0.20 miles in length. (3) Diamond Grinding. Grinding shall not reduce planned pavement thickness by more than 0.3 inches. Diamond grinding shall be the full width of the lane. The entire ground area of the final pavement surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1 h at 0.1 gallons per square yard of diluted emulsion; the emulsion shall be diluted with water at the rate of 50 percent water and 50 percent emulsion) when grinding is complete. Cores shall be taken to verify that minimum pavement thicknesses have been maintained. A minimum of one core shall be taken every 100 cumulative feet or fraction thereof per lane of diamond grinding, as directed by the Engineer. Coring shall be at the Contractor's expense. May 8, 2014 6 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS (d) Final Smoothness Acceptance Testing. After the Contractor has completed the required corrective work and any additional corrective work, the Contractor shall retest the pavement in accordance with subsection 105.07(b). If the Contractor requests to do additional corrective work to reduce disincentive after Final SA Testing, the Contractor shall perform an additional Final SA Testing for the project. A charge of $500 will be assessed to the Contractor for each additional Final SA Testing. Time count will be charged pursuant to contract requirements during the time period required for all Final SA Testing. Delays associated with additional Final SA Testing will be considered non -excusable and non-compensable. The Contractor shall notify the Engineer pursuant to 105.07(b) to schedule the final SA testing. Final acceptance and incentive/disincentive adjustments for pavement smoothness will be made on a square yard basis in accordance with the following: Incentive payments will be based on the HRI for each 0.1 mile section or fraction thereof from the Contractor's initial SA testing. Those sections which earned incentives or full payment based on the initial SA testing will not be re-evaluated for incentive after final SA testing. The disincentive payment will be based on the HRI for each 0.1 mile section or fraction thereof from the Contractor's Initial SA testing or the Contractor's Final SA testing, whichever is less. Those sections which had disincentive levels indicated by the initial SA, will be re-evaluated for disincentive. The Contractor may eliminate all disincentives on those 0.1 mile sections; however, no incentives may be earned in these areas, regardless of the final smoothness. (e) Department Smoothness Verification Testing (SV). The Department may elect to perform smoothness verification (SV) testing using the Department's inertial profiler, with the methods described in subsection 105.07(b). The Engineer will notify the Contractor of the Department's intention to perform SV testing. All traffic control costs associated with Department SV testing will be paid for by the Department in accordance with Section 630. The Contractor's SA test results will be compared to the Department's SV test results. The Contractor's SA test results will be considered acceptable and will be used for incentive/disincentive payment if the following criteria are met: (1) The difference in HRI for a 1/10 mile section is less than 6.1 inches/mile for a minimum of 90 percent of the 1/10mile sections for each lane. (2) The difference in average HRI for each lane is less than 6.1 inches/mile. (3) The difference in the length of each lane is less than 0.2 percent When the Contractor's SA test results are not considered acceptable, the Department's SV test results will be used for incentive/disincentive payment and the Contractor's profiler certification will be evaluated pursuant to CP 78. The Department will have 30 days to complete this evaluation. The Contractor will be assessed a charge of $1,000 for SV testing when the Contractor's SA test results are not considered acceptable. (f) HRI Category IV: HMA Recycling Treatments Thin Lifts and Urban Rehabilitation treatments smoothness criteria. For HRI Category IV pavements, the following shall be used for acceptance: An HRI for each 0.1 mile section shall be determined on the original pavement surface prior to beginning the work. An HRI for each 0.1 mile section shall be determined on the pavement surface after the work is complete. When a 0.1 mile section has a final HRI greater than 80.0 in/mile and the final HRI is greater than the HRI prior to performing the work, that 0.1 mile section shall be corrected by a method approved in writing by the May 8, 2014 7 REVISION OF SECTION 105 HOT MIX ASPHALT PAVEMENT SMOOTHNESS Engineer. Corrective work shall be such that the resulting final HRI is equal to or less than the initial HRI or 80.0 in/mile, whichever is greater. All costs associated with corrective work shall be at the Contractor's expense, including but not limited to traffic control, additional hot mix asphalt, grinding and milling. Incentive/disincentive adjustments for smoothness will not be made for Category IV. Localized Roughness determinations will not be made for HRI Category IV. The pavement smoothness for HMA Recycling Treatments and Thin Lifts that will be overlaid with a final riding surface will not be evaluated by the Department for acceptance. February 18, 2016 REVISION OF SECTION 105 PORTLAND CEMENT CONCRETE PAVEMENT SMOOTHNESS Section 105 of the Standard Specifications is hereby revised for this project as follows: In subsection 105.08 (a) 2., delete the 1st paragraph and replace with the following: The finished transverse and longitudinal surface elevation of the pavement shall be measured using a 10 foot straightedge. Areas to be measured shall be as directed by the Engineer. The Contractor shall furnish an approved 10 foot straightedge and depth gauge and provide an operator to aid the Engineer in testing the finished pavement surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet. Diamond grinding shall conform to subsection 412.12 (c) and shall have a minimum average texture depth (ATD) of 0.05 inches. In subsection 105.08 (b) 1. A. delete the eighth paragraph and replace with the following: The profile shall include transverse joints when pavement is placed by the project on both sides of the joint. When pavement is placed on only one side of the joint, the profile shall start 25 feet outside the project paving limits. In subsection 105.08 (b) 1. B. add the following: The ambient temperature shall be at least 34 °F for the profiler to operate. In subsection 105.08 (b) 1. C. delete the third and fourth paragraph and replace with the following: Incentive/Disincentive adjustments for Pavement Smoothness will be made in accordance with Table 105-10. Sections less than 0.01 miles in length will not be subject to disincentives. The profile of the section of pavement 25 feet outside the paving limits to 25 feet inside the paving limits will not be subjected to incentive or disincentive adjustments, but will be evaluated for localized roughness. Incentive payments will not be made until all localized roughness areas have been corrected. In subsection 105.08 (c) delete the sixth and seventh paragraphs and replace with the following: Localized Roughness. The profiles shall be analyzed to determine where areas of localized roughness occur. The profile shall be summarized using the continuous HRI reporting system using an averaging length of 25 feet. The latest version of FHWA's ProVal software shall be used to generate the continuous HRI report. ProVal can be downloaded at httq:llwww.road grofile.com. Areas of localized roughness are determined to be where the continuous HRI report exceeds the values in Table 105-11. Areas of localized roughness greater than 15.0 feet in length shall be considered deficient, and require corrective work. Areas of localized roughness less than 25 feet in distance that contain a valve box shall be tested in accordance with subsection 105.08 (a) 2. for corrective work. In subsection 105.08 (c) add the following to the ninth paragraph: Diamond grinding shall be the full width of the lane and conform to subsection 412.12 (c) and shall have a minimum average texture depth (ATD) of 0.05 inches. January 15, 2015 1 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) Sections 105 and 106 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 105.05 and replace with the following: 105.05 Conformity to the Contract of Hot Mix Asphalt. Conformity to the Contract of all Hot Mix Asphalt, Item 403, except Hot Mix Asphalt (Patching) and temporary pavement will be determined by tests and evaluations of elements that include asphalt content, voids in the mineral aggregate, air voids, in -place density, and joint density in accordance with the following: All work performed and all materials furnished shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown in the Contract. For those items of work where working tolerances are not specified, the Contractor shall perform the work in a manner consistent with reasonable and customary manufacturing and construction practices. When the Engineer finds the materials or work furnished, work performed, or the finished product are not in conformity with the Contract and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected at the expense of the Contractor. Materials will be sampled randomly and tested by the Department in accordance with subsection 106.05 and with the applicable procedures contained in the Department's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be selected and tested at the Engineer's discretion. A process will consist of either a test value or a series of test values resulting from related tests of an element of the Contractor's work and materials. An element is a material and/or workmanship property that can be tested and evaluated for quality level by the Department approved sampling, testing, and analytical procedures. All materials produced will be assigned to a process of each element being tested and evaluated. A change in process is defined as a change that affects the element involved. A process for any element normally will include all produced materials associated with that element prior to a change in the job mix formula (Form 43) with the exception of the process for joint density element. For joint density, a new process will be established for each new layer of pavement or for changes in joint construction. In -place density measurements taken within each compaction test section will be a separate process. The Engineer may separate a process in order to accommodate small quantities or unusual variations. Evaluation of materials for pay factors (PF) will be done using only the Department's acceptance test results. Each process will have a PF computed in accordance with the requirements of this Section. Test results determined to have sampling or testing errors will not be used. Except for in -place density measurements taken within a compaction test section, any test result for the asphalt content, in -place density and/or joint density element greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the quantity it represents will be evaluated in accordance with subsection 105.05(a). An element pay factor less than zero shall be zero. The calculated PF will be used to determine the Incentive/Disincentive Payment (I/DP) for the process in accordance with 105.05(e) Evaluation of Work. Any test result for the air voids or VMA elements greater than the distance 2 x V (see Table 105-2) outside the tolerance limits will be designated as a separate process and the quantity it represents shall be removed and replaced with specification material at the Contractor's expense. In the case of in -place density or joint density, the Contractor will be allowed to core the exact location (or immediately adjacent location for joint density) of a test result more than 2 x V outside the tolerance limit. The core must be taken and furnished to the Engineer within eight hours after notification by the Engineer of the test result. The result of this core will be used in lieu of the previous test result. Cores not taken within eight hours 2 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) after notification by the Engineer will not be used in lieu of the test result. All costs associated with coring will be at the Contractor's expense. (1) Representing Small Quantities. When it is necessary to represent a process by only one or two test results, PF will be the average of PFs resulting from the following: If the test result is within the tolerance limits then PF = 1.00. If the test result is above the maximum specified limit, then PF = 1.00 - [0.25(To - Tu)/1/] If the test result is below the minimum specified limit, then PF = 1.00 - [0.25(TL - To)N] Where: PF = pay factor. V = V factor from Table 105-2. To = the individual test result. Tu = upper specification limit. TL = lower specification limit. If the pay factor of any of the above calculations is less than 0.75 for any element, the acceptance of the work will be evaluated according to subsection 105.05(e). (2) Determining Quality Level. Each process with three or more test results will be evaluated for a quality level (QL) in accordance with Colorado Procedure 71. (3) Joint Density Element. Joint density will be tested according to subsection 401.17. (4) Process Pay Factor. Using the calculated QL for the process, compute the PF as follows: The final number of random samples (Pn) in each process will determine the final pay factor. As test values are accumulated for each process, Pn will change accordingly. When the process has been completed, the number of random samples it contains will determine the computation of PF, based on Table 105-3 and formula (1) below. When Pn is from 3 to 9, or greater than 200, PF will be computed using the formulas designated in Table 105- 3. Where Pn is equal to or greater than 10 and less than 201, PF will be computed by formula (1): (1) PF = (PF1 + PF2 ) T (PF2 + PF3 ) (PF1 + PF2 ) T (Pn2 - Pnx ) + T T T T 2 T 2 2 T (Pn2 - Pn3) Where, when referring to Table 105-3: PF,= PF determined at the next lowest Pn formula using process QL PF2 = PF determined using the Pn formula shown for the process QL PF3= PF determined at the next highest Pn formula using process QL Pn2= the lowest Pn in the spread of values listed for the process Pn formula Pn3= the lowest Pn in the spread of values listed for the next highest Pn formula Pnx= the actual number of test values in the process When evaluating the item of Furnish Hot mix asphalt, the PF for the element of In -Place Density shall be 1.0. Regardless of QL, the maximum PF in relation to Pn is limited in accordance with Table 105-3. 3 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) As test results become available, they will be used to calculate QL and PF numbers for each process. The process I/DP's will then be calculated and accumulated for each element and for the item. The test results and the accumulated calculations will be made available to the Contractor upon request. Numbers from the calculations will be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. (5) Evaluation of Work. When the PF of a process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the appropriate pay factor. If the PF for the air voids or VMA elements within any process is less than 0.75, the Contractor shall remove and replace the material with specification material at the Contractor's expense. If PF for any other element within any process is less than 0.75, the Engineer may: 1. Require complete removal and replacement with specification material at the Contractor's expense, or 2. 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. If the material is permitted to remain in place, the PF for the process shall not be greater than 0.75. The Region Materials Engineer (RME) will be consulted prior to determining the material will be allowed to remain in place. The RME will also be consulted to assist in determining an appropriate pay factor. When condition red, as described in subsection 106.05(g), exists for any element, resolution and correction will be in accordance with subsection 106.05(g). Material that the Engineer determines is defective may be isolated and rejected without regard to sampling sequence or location within a process. If removal and replacement is required because the joint density PF for a process is below 0.75, the Contractor shall remove and replace the full lane width adjacent to and including at least six inches beyond the visible joint line for the entire length of joint representing the process. If the lane removed is adjacent to another joint, that joint shall also be removed to a point six inches beyond the visible joint line. When a single joint density core is more than 2V outside the tolerance limits, the removal and replacement limits shall be identified by coring the failing joint at 25 foot intervals until two successive cores are found to be 1V or less.below the minimum tolerance limit. If removal and replacement is required, the Contractor shall submit documentation identifying the process to be used to correct the area in question. The process will be approved by the Engineer before commencing the corrective work Table 105-2 "W" AND "V" FACTORS FOR VARIOUS ELEMENTS Element V Factor W Factor Asphalt Content 0.20 10 Voids in the Mineral Aggregate 0.60 10 Air Voids 0.60 30 In -place Density 1.10 35 Joint Density 1.60 15 4 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) Table 105-3 FORMULAS FOR CALCULATING PF BASED ON PN Pn When Pn as shown at left is 3 to 9, or greater than 200, use designated formula below to calculate Pay Factor, PF = ..., when Pn is 10 to 200, use formula (1) above: Maximum PF 3 0.31177 + 1.57878 (O11100) - 0.84862 (QL/100)2 1.025 4 0.27890 + 1.51471 (QL1100) - 0.73553 (QL/100)2 1.030 5 0.25529 + 1.48268 (O11100) - 0.67759 (QL/100)2 1.030 6 0.19468 + 1.56729 (QL1100) - 0.70239 (QL/100)2 1.035 7 0.16709 + 1.58245 (O11100) - 0.68705 (QL/100)2 1.035 8 0.16394 + 1.55070 (QL1100) - 0.65270 (QL/100)2 1.040 9 0.11412 + 1.63532 (O11100) - 0.68786 (QL/100)2 1.040 10 to 11 0.15344 + 1.50104 (QL1100) - 0.58896 (QL/100)2 1.045 12 to 14 0.07278 + 1.64285 (O11100) - 0.65033 (QL/100)2 1.045 15 to 18 0.07826 + 1.55649 (QL1100) - 0.56616 (QL/100)2 1.050 19 to 25 0.09907 + 1.43088 (O11100) - 0.45550 (QL/100)2 1.050 26 to 37 0.07373 + 1.41851 (QL1100) - 0.41777 (QL/100)2 1.055 38 to 69 0.10586 + 1.26473 (O11100) - 0.29660 (QL/100)2 1.055 70 to 200 0.21611 + 0.86111 (QL1100) 1.060 > 201 0.15221 + 0.92171 (O11100) 1.060 (6) Process I/DP Computation. I/DP = (PF - 1)(QR)(UP)(W/100) Where: I/DP= Incentive/Disincentive Payment PF = Pay Factor QR = Quantity in Tons of HMA Represented by the Process UP = Unit Bid Price of Asphalt Mix W = Element Factor from Table 105-2 When AC is paid for separately UP shall be: UP = [(TonHMA)(UPHMA) + (TonAc)(UPAc)]/TonHmA Where: TonHMA = UPHMA = TanAC = UPAC = Tons of Asphalt Mix Unit Bid Price of Asphalt Mix Tons of Asphalt Cement Unit Bid Price of Asphalt Cement For the Joint Density element: UP = UPHMA 5 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) Where: UPHMA is as defined above. When AC is paid for separately UP shall be: UP = [(BTonHMA)(BUPHMA) + (BTonAC)(BUPAC)]/BTonHMA Where: BTonHMA BUPHMA BTonAc BU PAC = Bid Tons of Asphalt Mix = Unit Bid Price of Asphalt Mix = Bid Tons of Asphalt Cement = Unit Bid Price of Asphalt Cement (7) Element I/DP. The I/DP for an element shall be computed by accumulating the process I/DP for that element. (8) I/DP for a Mix Design. The I/DP for a mix design shall be computed by accumulating the process I/DP's for the asphalt content, voids in the mineral aggregate, air voids, and in -place density elements for that mix design. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for a mix design. (9) Project I/DP. The I/DP for the project shall be computed by accumulating the mix design I/DP's and the joint density I/DP's. The accumulated quantities of materials for each element must be the same at the end of I/DP calculations for the project. Delete subsection 106.05 and replace with the following: 106.05 Sampling and Testing of Hot Mix Asphalt. All HMA, Item 403, except HMA (Patching) and temporary pavement shall be tested in accordance with the following program of process control testing and acceptance testing: (a) Process Control Testing. The Contractor shall be responsible for process control testing on all elements listed in Table 106-1. Process control testing shall be performed at the expense of the Contractor. The Contractor shall develop a quality control plan (QCP) in accordance with the following: 1. Quality Control Plan. For each element listed in Table 106-1, the QCP must provide adequate details to ensure that the Contractor will perform process control. The Contractor shall submit the QCP to the Engineer at the preconstruction conference. The Contractor shall not start any work on the project until the Engineer has approved the QCP in writing. A. Frequency of Tests or Measurements. The QCP shall indicate a random sampling frequency, which shall not be less than that shown in Table 106-1. The process control tests shall be independent of acceptance tests. B. Worksheets, Forms, and Charts. The Contractor shall submit examples of worksheets, test result forms, and test results charts in accordance with CP 12 as part of the QCP. C. Test Result Chart. Each process control test result, the appropriate tonnage and the tolerance limits shall be plotted. For in -place density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenient for viewing by the Engineer. D. Quality Level Chart. The Quality Level (QL) for each element used to calculate incentive or disincentive in Table 106-1 and each required sieve size shall be plotted. The QL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The QL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last 6 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) five consecutive test results. The tonnage of material represented by the last test result shall correspond to the QL. For in -place density tests, only results after final compaction shall be shown. The chart shall be posted daily at a location convenient for viewing by the Engineer. 2. Elements Not Conforming to Process Control. The QL of each discrete group of five test results, beginning with the first group of five test results, shall be a standard for evaluating material not conforming to process control. When the group QL is below 65, the process shall be considered as not conforming to the QCP. In this case, the Contractor shall take immediate action to bring the process back into control. Except where the cause of the problem is readily apparent and corrected without delay, production shall be suspended until the source of the problem is determined and corrected. A written explanation of actions taken to correct control problems shall accompany the test data and be submitted to the Engineer on the day the actions are taken. 3. Point of Sampling. The material for process control testing shall be sampled by the Contractor using approved procedures. Acceptable procedures are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The location where material samples will be taken shall be indicated in the QCP. 4. Testing Standards. The QCP shall indicate which testing standards will be followed. Acceptable standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. 5. Testing Supervisor Qualifications. The person responsible for the process control sampling and testing shall be identified in the QCP and be qualified according to the requirements of CP 10 6. Technician Qualifications. Technicians taking samples and performing tests must be qualified according to the requirements of CP 10. 7. Testing Equipment. All of the testing equipment used to conduct process control testing shall conform to the standards specified in the test procedures and be in good working order. Nuclear testing devices used for process control testing of in -place density do not have to be calibrated on the Department's calibration blocks. 8. Reporting and Record Keeping. The Contractor shall report the results of the process control tests to the Engineer in writing at least once per day. The Contractor shall assemble a Quality Control (QC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106-1. The Contractor shall submit the QC notebook to the Engineer for review once a month on the date agreed to at the Pre -Paving Conference. The QC notebook will be returned to the Contractor within one working day after submittal. The Engineer will notify the Contractor in writing of any deficiencies in the QC notebook, including the failure to submit the notebook on time or an absence of the required reports. Upon the second failure to submit the complete QC notebook on time or with an absence of the required reports, the Engineer will notify the Contractor, and the pay estimate will be withheld until the Contractor submits, in writing, a report detailing the cause for the failure to submit the complete QC notebook on time or the cause for the absence of required reports. The report shall include how the Contractor plans to resolve the failures. Additional failures to submit the QC notebook on time or absent the required reports will result in a delay of the pay estimate until the Contractor has identified and resolved the failure along with revising and resubmitting his QCP to address these issues. Once the Engineer has reviewed and approved the revised QCP the estimate may be paid. Upon submittal of the QC notebook for the semi-final estimate, the QC notebook shall become the property of the Department. The Contractor shall make provisions such that the Engineer can inspect process control work in progress, including QC notebook, sampling, testing, plants, and the Contractor's testing facilities at any time. (b) Acceptance Testing. Acceptance testing is the responsibility of the Department and shall not be addressed in the QCP. The Department will determine the locations where samples or measurements are to be taken 7 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) and as designated in Section 403. The maximum quantity of material represented by each test result and the minimum number of test results will be in accordance with Table 106-1. The location or time of sampling will be based on a stratified random procedure. Acceptance sampling and testing procedures will be in accordance with the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual. Samples for project acceptance testing shall be taken by the Contractor in accordance with the designated method. The samples shall be taken in the presence of the Engineer. Where appropriate, the Contractor shall reduce each sample to the size designated by the Engineer. The Contractor may retain a split of each sample which cannot be included as part of the OCR. If the Contractor elects to question the Hot Mix Asphalt (HMA) acceptance test results, the steps outlined in CP 17 shall be followed. The results from the CP 17 resolution process shall be binding on both the Department and the Contractor. Requests for CP 17 process for all elements except density shall be submitted in writing to the Engineer within five working days from the date the Contractor receives acceptance test data from the Engineer. The specific element questioned shall be identified in writing. All requests for the CP 17 process for the density element shall be submitted in writing to the Engineer within 24 hours of receiving test data from the Engineer. The Contractor shall choose either the CDOT Materials and Geotechnical Branch or a consultant laboratory not associated with the project to perform the third party testing. The Contractor shall document his choice in writing at the Pre -Paving Conference. If a consultant laboratory is chosen, the CDOT Materials and Geotechnical Branch will determine the consultant that will be used from a pre -established list and ensure there is no conflict of interest. If third party testing is required, the responsibility for the testing expenses shall be assigned in accordance with CP 17. The costs for testing are shown in CP 17, Table 17-2. All materials being used are subject to inspection and testing at any time prior to, during, or after incorporation into work. Acceptance tests will be made by and at the expense of the Department, except when otherwise provided. (c) Check Testing Program (CTP). Prior to or in conjunction with placing the first 500 tons of asphalt pavement, under the direction of the Engineer, a CTP will be conducted between acceptance testing and process control testing programs. The CTP will consist of testing for asphalt content, theoretical maximum specific gravity, voids in the mineral aggregate, air voids, in -place density, and joint density in accordance with CP 13 of the Department's Field Materials Manual. The CTP will be continued until the acceptance and process control test results are within the acceptable limits shown in Table 13-1 of CP 13. For joint density, the initial check test will be a comparison of the seven cores tested by CDOT and the seven cores tested by the Contractor. These are the cores from the compaction test section used for nuclear gauge calibration and test section payment. During production a split sample check will be conducted at the frequency shown in Table 106-1. The split samples will be from an acceptance sample obtained in accordance with subsection 106.05(b). Except for joint density, the split samples will be from an acceptance sample obtained in accordance with subsection 106.05(b). The acceptance test result will be compared to the process control test result obtained by the Contractor using the acceptable limits shown in Table 13-1 of CP 13. For joint density, the comparison sample material for testing by the Contractor will be obtained by taking a second core adjacent to the joint density acceptance core. The acceptance test result will be compared to the process control test result obtained by the Contractor using the acceptable limits shown in the above table and following the check testing procedure given in CP 13. If production has been suspended and then resumed, the Engineer may order a CTP between process control and acceptance testing persons to assure the test results are within the acceptable limits shown in Table 13-1 of CP 13. Check test results shall not be included in process control testing. The Region Materials Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the values shown in Table 13-1 of CP 13. (d) Stability Verification Testing. After the mix design has been approved and production commences, the 8 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) Department will perform a minimum of three stability verification tests to verify that the field produced Hot mix asphalt conforms to the approved mix design: The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the following: 1. The minimum value for stability will be the minimum specified in Table 403-1 of the specifications. There will be no tolerance limit. 2. Quality Level. Calculate a QL for stability. If the QL for stability is less than 65, then production shall be halted and the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. After a new or revised mix design is approved, three additional stability tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the stability QL is less than 65, then production shall be halted until a new mix design has been completed and approved using plant produced material or the Contractor shall submit a written proposal for a mix design revision to the Engineer. The Engineer shall give written approval to the proposed mix design revision before production continues. 3. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional stability field verification tests shall be performed and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 4. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to 1/10,000 tons. (e) Target Values for VMA. After the mix design has been approved and production commences, the first three acceptance tests for Voids in Mineral Aggregate (VMA) will be analyzed to verify and establish a target value for VMA. The Contractor shall make adjustments if required in accordance with the following: The target value for VMA will be the average of the first three volumetric field verification test results on project produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications, whichever is higher. The target value for VMA will be set no lower than 1.0 percent below the VMA target on original Form 43. Whenever a new or revised mix design is used and production resumes, the next three acceptance tests will be evaluated and a target value for VMA will be established in accordance with the above requirements. (f) (g) Independent Assurance Testing. Independent assurance testing for Asphalt Content and In -Place Density will be in accordance with the Department's Field Materials Manual. Independent assurance testing for Voids in the Mineral Aggregate and Air Voids will be performed by the Department's Flexible Pavement laboratory on samples sent from the field at a frequency of one per 10 000 tons. Reference Conditions. Three reference conditions can exist determined by the Moving Quality Level (MQL). The MQL will be calculated in accordance with the procedure in CP 71 for Determining Quality Level (QL). The MQL will be calculated using only acceptance tests. The MQL will be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter on the last five consecutive test results. The MQL will not be used to determine pay factors. The three reference conditions and actions that will be taken are described as follows: 9 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) 1. Condition green will exist for an element when an MQL of 90 or greater is reached, or maintained, and the past five consecutive test results are within the specification limits. 2. Condition yellow will exist for all elements at the beginning of production or when a new process is established because of changes in materials or the job -mix formula, following an extended suspension of work, or when the MQL is less than 90 and equal to or greater than 65. Once an element is at condition green, if the MQL falls below 90 or a test result falls outside the specification limits, the condition will revert to yellow or red as appropriate. 3. Condition red will exist for any element when the MQL is less than 65. The Contractor shall be notified immediately in writing and the process control sampling and testing frequency increased to a minimum rate of 1/250 tons for that element. The process control sampling and testing frequency shall remain at 1/250 tons until the process control QL reaches or exceeds 78. If the QL for the next five process control tests is below 65, production will be suspended. After condition red exists, a new MQL will be started. Acceptance testing will stay at the frequency shown in Table 106-1. After three acceptance tests, if the MQL is less than 65, production will be suspended. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended; corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. Upon resuming production, the process control sampling and testing frequency for the elements causing the condition red shall remain at 1/250 tons. If the QL for the next five process control tests is below 65, production will be suspended again. (h) Correction Factor. In determining the air voids and VMA in the materials compacted with the SuperPave Gyratory Compactor (SGC), the following correction for bulk specific gravity shall be performed during the CTP: 1. The difference in the average value of bulk specific gravity between the process control testing SGC and acceptance testing SGC will be determined and used as a correction factor for the process control bulk specific gravity. 2. This correction factor shall be used to correlate the process control SGC to the acceptance testing SGC for comparison of air voids and VMA during the CTP and full project production. Values in Table 13-1 of CP 13 apply to SGC comparison after correction factor has been applied. 3. This correction factor shall be applied in correlating the SGC's air voids and VMA test results from process control and acceptance testing to produce comparable data. Any changes in SGC equipment or in the mix design properties, specifically the number of gyrations, asphalt binder grade, aggregate gradation, combination of aggregates, and aggregate sources shall require a new correction factor to be determined under a CTP. Example: If for the five CTP tests on split samples the process control SGC averages bulk specific gravity of 2.391 and the acceptance SGC averages 2.382, the correction factor would be -0.009 (2.382-2.391) to the process control bulk specific gravities. Each of the five process control CTP bulks would be decreased by 0.009 before CTP result comparison of voids and VMA is made. If the volumetric results satisfy Table 13-1 of CP 13, use corrected bulks to calculate voids and VMA for process control testing program. If process control and acceptance SGCs are not from the same equipment manufacturer, project -specific material shall be used to perform the CTP and generate the correction factor. 10 REVISION OF SECTIONS 105 AND 106 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT (VOIDS ACCEPTANCE) Table 106-1 SCHEDULE FOR MINIMUM SAMPLING AND TESTING Element Process Control Acceptance3 Check (CTP) Determining Asphalt Content of Hot Bituminous Mixtures Theorectical Maximum Specific Gravity Voids in the Mineral Aggregate Air Voids Hveem Stability Resistance to Moisture Damage (Lottman) Gradation Determining Percent Relative Compaction of Bituminous Pavement Joint Density Aggregate Percent Moisture (4) Percent Lime (4) (5) 1/500 tons 1/1000 tons, minimum 1/day 1/1000 tons 1/1000 tons 1/10,000 tons 1/10,000 tons 1/10,000 tons 1/500 tons' 1 core/2500 linear feet of joint 1/2000 T or 1/Day if less than 2000 T 1/Day 1/1000 tons' 1/1000 tons, minimum 1/day 1/1000 tons' 1/1000 tons' 1/10,000 tons2 According to subsection 401.02 1/10 000 tons2 1/500 tons' 1 core/5000 linear feet of joint' 1/2000 T Not applicable 1/10,000 tons 1/10,000 tons 1/10,000 tons 1/10,000 tons Not applicable. Not applicable. Not applicable. 1/5000 tons 1 core/50,000 linear feet of joint Not applicable Not applicable Notes for Table 106-1: (1) The minimum number of acceptance tests will be at least 5 asphalt content, 5 voids in the mineral aggregate, 5 air voids, 10 -in -place density and 5 joint densities for all projects. (2) For information only. These elements are not used to calculate pay factors. (3) When unscheduled job mix formula changes are made (Form 43) acceptance of the elements, except for in -place density, will be based on the actual number of samples that have been selected up to that time, even if the number is below the minimum listed in Table 106-1. At the Engineer's discretion, additional random in -place density test may be taken in order to meet scheduled minimums, provided the applicable pavement layer is available for testing under safe conditions. Beginning with the new job mix formula, the quantity it will represent shall be estimated. A revised schedule of acceptance tests will be based on that estimate. (4) Not to be used for incentive/disincentive pay. Test according to CP-60B and report results from Form 106, Form 565 or Form 6. (5) Verified per Contractor's QC Plan. April 30, 2015 1 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Sections 105, 106, 412, 601 and 709 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 105.06 and replace with the following: 105.06 Conformity to the Contract of Portland Cement Concrete Pavement. Conformity to the Contract of all Portland Cement Concrete Pavement, Item 412, will be determined in accordance with the following: When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform with the Contract, or the Pay Factor (PF) for an element's process is less than 0.75 but that reasonably acceptable work has been produced, the Engineer will determine the extent of the work that will be accepted and remain in place. The Engineer will use a Contract Modification Order to document the justification for allowing the work to remain in place and the price adjustment that will be applied. When the Engineer finds the materials furnished, work performed, or the finished product is not in conformity with the Contract, or the PF for an element's process is less than 0.75 and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. When the PF for any process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the calculated pay factor. Materials will be sampled and tested by the Contractor and the Department in accordance with subsection 106.06 and with procedures contained in the Department's Field Materials Manual. The approximate quantity represented by each sample will be as set forth in subsection 106.06, Tables 106-2 and 106-3. Additional samples may be selected and tested at the Engineer's discretion. (a) Incentive and Disincentive Payments (I/DP) will be made based on a statistical analysis that yields Pay Factors (PF) and Quality Levels (QL). The PF and QL will be made based on test results for the elements of compressive strength and pavement thickness (compressive strength criteria) or the elements of flexural strength and pavement thickness (flexural strength criteria). The Department will indicate in the plans whether compressive strength or flexural strength criteria will be used. If the acceptance criteria is not indicated, flexural strength criteria shall be used.. Incentive or Disincentive payment will not be made for thickness of concrete pavement furnished by the Contractor and placed by others. When compressive strength criteria is indicated, then the QL will be calculated for the elements of compressive strength and pavement thickness on a process basis. When flexural strength criteria is indicated, then the QL will be calculated for the elements of flexural strength and pavement thickness on a process basis. A separate process will be established for an element when a change in the process affects that element. A process will consist of the test results from a series of random samples. Test results determined to have sampling or testing errors will not be used. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved. Changes in mix design, material source, design pavement thickness, or the method being utilized to place the pavement are considered changes in process. The following is provided to clarify changes in processes for each element: 1. Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process, providing there are no changes in process as described above. 2. Construction of ramps, acceleration and deceleration lanes, shoulders placed separately, and areas requiring hand work are considered separate processes. 3. A change in the mix design is a process change for the compressive strength element or the flexural strength element, but is not a process change for the pavement thickness element. (b) When it is necessary to represent material by one or two tests, each individual test shall have a PF computed in accordance with the following: April 30, 2015 2 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS If the value of the test is at or above the lower tolerance limit, then PF = 1.000. If the value of the test is below the lower tolerance limit, then: PF = 1.00 - [0.25(TL-To)/V] where: PF = pay factor. V = V factor from Tables 105-4 or 105-5. To = the individual test value. TL= lower tolerance limit. (c) The following procedures will be used to compute Incentive and Disincentive Payments (I/DP), quality levels (QL), and pay factors (PF) for processes represented by three or more tests: 1. Quality Level (QL) will be calculated according to CP-71. 2. Compute the PF for the process. When the process has been completed, the number of tests (Pn) it includes shall determine the formula to be used to compute the final pay factor in accordance with the following: A. For compressive strength and pavement thickness: When 3 ≤ Pn ≤ 5 If QL ? 85, then PF = 1.00 + (QL - 85)0.001333 If QL < 85, then PF = 1.00 + (QL - 85)0.005208 When 6 ≤ Pn ≤ 9 If QL ? 90, then PF = 1.00 + (QL - 90)0.002000 If QL < 90, then PF = 1.00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ? 93, then PF = 1.00 + (QL - 93)0.002857 If QL < 93, then PF = 1.00 + (QL - 93)0.006098 When Pn ? 26 If QL ? 95, then PF = 1.00 + (QL - 95)0.004000 If QL < 95, then PF = 1.00 + (QL - 95)0.006757 B. For flexural strength: When 3≤Pn≤5 If QL ? 85, then PF = 1.00 + (QL - 85)0.002000 If QL < 85, then PF = 1.00 + (QL - 85)0.005208 When 6≤Pn≤9 If QL ? 90, then PF = 1.00 + (QL - 90)0.003000 If QL < 90, then PF = 1.00 + (QL - 90)0.005682 When 10≤Pn≤25 If QL ? 93, then PF = 1.00 + (QL - 93)0.004286 If QL < 93, then PF = 1.00 + (QL - 93)0.006098 When Pn ? 26 If QL ? 95, then PF = 1.00 + (QL - 95)0.006000 If QL < 95, then PF = 1.00 + (QL - 95)0.006757 3. Compute the I/DP for the process: April 30, 2015 3 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS I/DP = (PF-1)(QR)(UP) where: QR = Quantity Represented by the process. UP = Unit Price bid for the Item. The total I/DP for an element shall be computed by accumulating the individual I/DP for each process of that element. (d) As acceptance test results become available, they will be used to calculate accumulated QL and Incentive and Disincentive Payments (I/DP) for each element and for the item. The Contractor's test results and the accumulated calculations shall be made available to the Engineer upon request. The Engineer's test results and the calculations will be made available to the Contractor as early as reasonably practical. Numbers from the calculations shall be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. I/DP will be made to the Contractor in accordance with subsection 412.24(a). During production, interim I/DP will be computed for information only. The Pn will change as production continues and test results accumulate. The Pn at the time an I/DP is computed shall determine the formula to be used. (e) The Contractor shall not have the option of accepting a price reduction or disincentive in lieu of producing specification material. Continued production of non -specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a process. When compressive strength is indicated, the Contractor may take cores at his own expense and in accordance with Colorado Procedure 65 to provide an alternative determination of strength to replace acceptance test results with a compressive strength less than 4,500 psi. The higher value of the 28 day compressive strength of acceptance cylinders or the corresponding core's compressive strength will be used for I/DP. (f) When flexural strength is indicated, the Contractor may take cores at his own expense and in accordance with Colorado Procedure 65 to provide an alternative determination of strength to replace QC test results with a flexural strength less than 650 psi. The cores shall be obtained prior to 45 days after placement. The higher value of the 28 day flexural strength of QC beams or the corresponding core's flexural strength will be used for I/DP. April 30, 2015 4 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Table 105-4 "V" FACTORS AND INCENTIVE PAYMENTS COMPRESSIVE STRENGTH CRITERIA Element V factor Maximum Incentive Payment Lower Tolerance Limit, TL Plan Value Compressive Strength Pavement Thickness 400 psi 0.4 inch 3.00 percent 2.00 percent 4,500 psi Plan Thickness -0.4 inch 4,500 psi Plan Thickness Table 105-5 "V" FACTORS AND INCENTIVE PAYMENTS FLEXURAL STRENGTH CRITERIA Element V factor Maximum Incentive Payment Lower Tolerance Limit, TL Plan Value Flexural Strength Pavement Thickness 50 psi 0.4 inch 3.00% 2.00% 570 psi Plan Thickness -0.4" 650 psi Plan Thickness Sand Equivalence. If compressive strength criteria is indicated then the sand equivalence (SE) as determined by CP 37 will be considered acceptable when the running average of three consecutive tests is greater than 80 percent and no individual test result is less than 75 percent. When the running average of three consecutive SE tests falls below 80 percent or an individual SE test result falls below 75 percent, paving operations shall be suspended. The Contractor shall submit a written plan to correct the low SE test results to the Engineer for approval. The Contractor shall not continue paving operations until the Engineer approves the plan in writing and three SE test results from random samples in the stockpile are above 80 percent. Delete subsection 106.06 and replace with the following: 106.06 Sampling and Testing of Portland Cement Concrete Paving. All Portland Cement Concrete Pavement, Item 412, shall be tested in accordance with the following quality control and acceptance testing procedures: (a) Quality Control Testing. The Contractor shall be responsible for quality control testing of all elements listed in Table 106-2 or 106-3. Quality control testing shall be performed at the expense of the Contractor. The Contractor shall develop a quality control plan (QCP) in accordance with the following: 1. Quality Control Plan. For each element listed in Tables 106-2 or 106-3, the QCP must provide adequate details to ensure that the Contractor will perform quality control. The Contractor shall submit the QCP to the Engineer at the preconstruction conference. The Contractor shall not start any work on the project until the Engineer has approved the QCP in writing. A. Frequency of Tests or Measurements. The QCP shall indicate a random sampling frequency, which shall be equal to or more frequent than that shown in Table 106-2 or 106-3. The quality control tests shall be independent of acceptance tests. B. Test Result Chart. Each quality control test result, the appropriate area, volume, and the tolerance limits shall be plotted. The chart shall be posted daily at a location convenient for viewing by the Engineer. C. Quality Level Chart. The QL for each element in Table 106-2 or 106-3 shall be plotted. The QL shall April 30, 2015 5 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS be calculated in accordance with the procedure in CP 71 for Determining Quality Level. The QL shall be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last five consecutive test results. The area of material represented by the last test result shall correspond to the QL. D. F -test and t -test Charts. If flexural strength criteria is indicated, then the results of F -test and t -test analysis between the Department's verification tests of flexural strength and the Contractor's quality control tests of flexural strength shall be shown on charts. The F -test and t -test shall be calculated in accordance with standard statistical procedures using all verification tests and quality control tests completed to date. When a verification test is completed, the F -test and t -test calculations shall be redone. The area of material represented by the last test result shall correspond to the F -test and t - test. A warning value of 5 percent and an alert value of 1 percent shall be shown on each chart. The chart shall be posted daily at a location convenient for viewing by the Engineer. 2. Point of Sampling. The material for quality control testing shall be sampled by the Contractor using CP 61. The location where material samples will be taken shall be indicated in the QCP. 3. Testing Standards. The QCP shall indicate which testing standards will be followed. Acceptable standards are Colorado Procedures, AASHTO and ASTM. The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The compressive strength test for quality control will be the average strength of two test cylinders cast in plastic molds from a single sample of concrete, cured under standard laboratory conditions, and tested three to seven days after molding. 4. Testing Supervisor Qualifications. The person in charge of and responsible for the quality control testing shall be identified in the QCP. This person shall be present on the project and possess one or more of the following qualifications: A. Registration as a Professional Engineer in the State of Colorado. B. Registration as an Engineer in Training in the State of Colorado with two years of paving experience. C. A Bachelor of Science in Civil Engineering or Civil Engineering Technology with three years of paving experience. D. National Institute for Certification in Engineering (NICET) certification at level III or higher in the subfields of Transportation Engineering Technology, Highway Materials, or Construction Materials Testing Engineering Technology, Concrete and four years of paving experience. 5. Technician Qualifications. Technicians performing tests shall meet the requirements of Colorado Procedure 10. 6. Testing Equipment. All of the testing equipment used to conduct quality control testing shall conform to the standards specified in the test procedures and be in good working order. If flexural strength criteria is indicated, then the Contractor shall provide the following equipment and supplies which will not be paid for separately but shall be included in the work: A. A separate, temperature controlled facility of at least 300 square feet usable space. This facility shall be used exclusively for the molding, storage and testing of concrete test specimens as required. This facility shall be provided in addition to other facilities required in Section 620. The storage facility shall have sufficient water storage capacity for curing all required test specimens. The storage facility shall provide separate storage tanks for each type of required testing. Each storage tank shall have a continuously recording thermometer and sufficient blank charts for the project. Temperatures of each storage tank shall be recorded for the duration of the project. B. A machine for testing flexural strength of concrete specimens. The machine shall be one of the following or an approved equal: April 30, 2015 6 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS 1. Forney model number FHS-300 with a Co -Pilot digital monitor. 2. Humboldt model number HCM-3000 with a iD Digital Indicator 3. Gilson model number MC -400 with Pro Controller Both the Contractor and the Engineer will use this machine for testing concrete specimens. The machine shall meet the requirements of AASHTO T 97 and T 22 and the following: The machine and the flexural strength assembly shall be of a rigid construction. The applied vertical load shall be uniformly distributed to the third points and uniformly across the width of the beam (transverse distribution). Uniform distribution of the load is defined as less than a 3 percent variation in the load between each of the nine strain gages placed in the middle third section of the tension face for loads from 1,000 to 10,000 pounds. Two firms that can evaluate and assess the ability of the machine to distribute the load evenly are KPFF Consulting Engineers, Chicago Illinois 847-859-7790 and Construction Testing Laboratories, Skokie Illinois 847-965-7500 . Other firms may be capable of evaluating and assessing the load distribution of the machine. The Engineer must approve the firm prior to assessing the machine. The machine shall be ready for use and certified two days before paving begins. After the machine has been certified and accepted by the Engineer it shall not be moved until all portland cement concrete paving and flexural strength acceptance tests have been completed. A weekly check of the planeness of all bearing surfaces on the flexural strength apparatus shall be made and recorded in the Contractor's QC notebook for each week that flexural strength testing occurs. If the nominal maximum aggregate size of the mix is 3/4 inches or less, then the Contractor shall also provide a separate flexural strength apparatus that is configured to test 4x4x14 inch beam specimens. Swapping flexural strength apparatuses will not require recertification of the test machine. C. Beam molds for molding all test specimens required. Beam molds shall have a cross section of approximately 6 inches by 6 inches. All beam molds shall be checked by the Contractor prior to being placed in service and monthly. The checks of each beam mold shall be recorded in the Contractor's QC notebook. This shall include all testing described in subsection 106.06. If the nominal maximum aggregate size of the mix is 3/4 inches or less, then the Contractor shall also provide beam molds with a cross section of 4 inches by 4 inches and a minimum length of 14 inches. 7. Reporting and Record Keeping. The Contractor shall report the results of the tests to the Engineer in writing at least once per day. The Contractor shall assemble a Quality Control (QC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106-2 or 106-3. The Contractor shall submit examples of worksheets, test result forms and test results charts in accordance with CP 12B as part of the Contractor's Quality Control Plan (QCP). The Contractor shall submit the QC notebook to the Engineer for review once a month on the date agreed to at the Pre -Construction Conference. The QC notebook will be returned to the Contractor with a list of recognized deficiencies within two working days after submittal. Deficiencies may include, but are not limited to, the failure to submit the notebook on time or an absence of the required reports. For any month in which deficiencies are identified, the QC notebook will be submitted for review two weeks after the QC notebook is returned. Upon the second recognized deficiency the Engineer will notify the Contractor, and the pay estimate shall be withheld until the Contractor submits, in writing, a report detailing the cause for the recognized deficiency. The report shall include how the Contractor plans to resolve the deficiencies. Additional recognized deficiencies will result in a delay of the pay estimate until the Contractor has identified and resolved the deficiency along with revising and resubmitting his QCP to address these issues. Once the Engineer has reviewed and approved the revised QCP the estimate may be paid. Upon submittal of the QC notebook for the semi-final estimate, the QC notebook shall become the property of the Department. April 30, 2015 7 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS The Contractor shall make provisions such that the Engineer can inspect quality control work in progress, including QC notebook, sampling, testing, plants, and the Contractor's testing facilities at any time. 8. Optimized Gradation. The Contractor will be required to perform quality control testing of the combined aggregate gradation (CAG) when an Optimized Gradation (OG) is used for Class E or P Concrete. The combined aggregate gradation testing frequency shall be three per day. Test one shall be sampled and tested after full production begins but before production reaches 100 cubic yards. Test two shall be sampled and tested after four hours of continuous production or production reaches 1000 cubic yards, whichever comes first. Test three shall be sampled and tested after seven hours of continuous production or production reaches 1750 cubic yards, whichever comes first. The frequency shall be a minimum of one per day if production is less than 750 cubic yards. The Department will perform one gradation each day that may be a split of one of the three daily QC samples. This data will not be used to determine acceptability of the material but as information only. The Contractor's gradation test data will be used to calculate the coarseness factor (CF) and workability factor (WF) and must plot within the workability box. No corrective action shall be required if the data falls within the workability box. When the Contractor's gradation test results and the CF and WF fall outside the workability box, the Contractor shall immediately make corrections to bring the aggregate gradation within the workability box and notify the Engineer. If two or more consecutive test results for any single day or two successive days are found to fall outside the workability box, the Contractor shall immediately suspend production and provide a written corrective plan to the Engineer for approval prior to resuming production. Upon being allowed to resume production, the Contractor shall follow the daily sampling frequency. If the next two consecutive gradation tests indicate the CF and WF plot inside the workability box, the Contractor may continue production. If the first two aggregate samples do not have CF and WF that fall inside the workability box, production shall be suspended. Prior to resuming production the Contractor shall be required to sample the individual aggregate stockpiles at two or more locations to determine the range of variability within each stockpile, make appropriate adjustments to the percentages for each aggregate component, and discharge and sample the combined aggregates. The combined aggregate gradation shall be tested to determine if the CF and WF fall inside the workability box. Production can resume if the CF and WF plot within the workability box. Production will continue to be suspended for additional evaluation of stockpiles and aggregate feed rates until gradation sampling and testing indicate the CF and WF fall inside the workability box. All gradation test information during production shall be provided to the Engineer daily. The Contractor shall immediately report all gradation test data to the Engineer for evaluation during periods when production is suspended or upon resuming production. The Contractor will be notified in writing in all cases when production may resume or shall remain suspended. (b) Acceptance Testing. Acceptance testing frequencies shall be in accordance with the Schedule (Quality Assurance) in the Department's Field Materials Manual. Except for flexural strength, acceptance tests will be conducted by and at the expense of the Department. Acceptance sampling and testing procedures will be in accordance with the Department's Field Materials Manual with the following exceptions and inclusions: A split sample from an acceptance test shall not be used for a quality control test. The Engineer will designate the location where samples are to be taken. Samples shall be taken by the Contractor in accordance with CP 61. The Engineer will be present during the sampling and take possession of all acceptance samples. Samples transported in different containers will be combined and mixed before molding specimens. All materials are subject to inspection and testing at all times. April 30, 2015 8 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS (c) Pavement thickness acceptance will be determined by cores. The compressive strength test for acceptance will be the average compressive strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one specimen differs from the average by more than 10 percent, that specimen will be deleted and the average strength will be determined using the remaining two specimens. If the compressive strength of more than one specimen differs from the average by more than 10 percent the average strength will be determined using all three specimens. Each set of three cylinders will be tested at 28 days after molding. Acceptance tests for flexural strength shall be the Contractor's quality control tests. The flexural strength tests shall be the average flexural strength of four test beams. The test beams shall be prepared according to AASHTO T 23. The flexural strength of each specimen shall be measured according to AASHTO T 97 with the following additional requirements: If the flexural strength of only one specimen differs from the average by more than 10 percent, that specimen shall be deleted and the average strength shall be determined using the remaining three specimens. If the flexural strength of more than one specimen differs from the average by more than 10 percent, the test value shall be the average of all four specimens. Each set of four beams shall be tested at 28 days after molding. If the nominal maximum aggregate size of the mix is 3/4 inches or less, then the Contractor shall prepare three additional test beams using the 4x4x14 inch molds. The 4x4x14 inch specimens will be tested 28 days. The results of the 4x4x14 inch specimens will be for information only and will not be used to determine the acceptability of the concrete. Results of the 4x4x14 inch specimens will be reported to the Engineer with the corresponding acceptance test results. These additional specimens are being used to evaluate the validity of using smaller test specimens for acceptance. Verification Testing. Verification testing will be used only when flexural strength criteria is indicated and is the responsibility of the Department. The Department will determine the locations where samples or measurements are to be taken. The location of sampling shall be based on a stratified random procedure. Verification sampling and testing procedures will be in accordance with Sections 105, 106, 412, the Schedule for Minimum Materials Sampling, Testing and Inspection in the Department's Field Materials Manual, and CP 13. Samples for verification testing shall be taken by the Contractor in accordance with CP 61 in the presence of the Engineer. An analysis of test results will be performed after all test results are known using the t -test and F -test statistical methods with an alpha value set at 0.05. If either the above t -test and F -test analysis shows a significant difference, then the following items shall be checked: comparison of beam fracture locations and types, computations and flexural testing machine outputs, curing tank temperature charts, slump and air contents, plant batch tickets for major changes, review of sampling, molding, testing procedures, along with IAT check tests and any other investigations that may clarify the significant differences. If after a review of the data no reasons can be determined for the significant difference, the Department's test data shall be used for determining Quality Levels and Incentive or Disincentive according to the methods in this Section. (d) Check Testing. The Contractor and the Engineer shall conduct a check testing program (CTP) prior to the placement of any concrete pavement. The check testing program will include a conference directed by the Region Materials Engineer, the Contractor's testers and the Department's testers concerning methods, procedures and equipment for compressive or flexural strength testing. Check testing shall be completed before any portland cement concrete pavement is placed. A set of three cylinders or four beams will be molded by both the Contractor and the Department's project testers from a split sample. The specimens will be sampled, molded and cured for seven days and tested for compressive or flexural strength according to the procedures of Section 106. The Department's Independent Assurance Tester will also mold, cure and test a set of three cylinders or four beams, but the Independent Assurance Test results will not be entered in the check testing analysis. If the results of the check tests do not meet the following criteria, then the check testing will be repeated until the following criteria are met: (1) The average of the Contractor's test results and the average of the Department's test results shall be April 30, 2015 9 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS within 10 percent of the average of all test results. (2) Each specimen test result shall be within 15 percent of the average of all test results. When compressive strength criteria is indicated, a check test must also be conducted on the sand equivalent test. A set of 5 sand equivalents will be run by both the Contractor's and the Department's project tester, from a split sample. The average of the absolute differences between tests taken by the quality control personnel and the acceptance testing personnel will be compared to the acceptable limits shown in Table 13-1 of CP 13. The CTP will be continued until the acceptance and quality control test results are within the permissible ranges shown in Table 13-1 of CP 13. During production, split samples of randomly selected acceptance tests will be compared to the permissible ranges shown in Table 13-1 of CP 13. The minimum frequency will be as shown in Table 106-3. If production has been suspended and then resumed, the Engineer may order a CTP between tests taken by quality control and acceptance testing persons to assure the test results are within the permissible ranges shown in Table 13-1 of CP 13. Check test results shall not be included in quality control testing. The Region Materials Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the ranges shown in Table 13-1 of CP 13. (e) Independent Assurance Testing. The sample for the IAT will be a split sample of the Contractor's quality control test. The Department's representative performing verification tests shall also use a split sample of the Contractor's quality control test and participate in the IAT. The IAT for flexural strength will be the average flexural strength of four test beams prepared according to the requirements of Section 106 and cured for seven days in the field before being transferred to the IAT lab. IAT specimens will be tested at 28 days. Testing Schedule. All samples used to determine Incentive or Disincentive payment by quality level formulas in accordance with Section 105, will be selected by a stratified random process. (f) April 30, 2015 10 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Table 106-2 QC TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, FLEXURAL STRENGTH CRITERIA Element Minimum Testing Frequency Contractor's Quality Control Aggregate Gradation For the first five days, minimum of 1/day, then and Sand Equivalent 1/10,000 sq. yds. After 5 days, 1/40,000 sq. yds. Slump First three loads each day, then as needed for control. Water Cement Ratio First three loads each day, then 1/500 cu. yds. Air Content and Yield Minimum of 1/day, then 1/2,500 sq. yds. Flexural Strength Minimum of 1/day, then 1/2,500 sq. yds. Compressive Strength 1/10,000 sq. yds. Pavement Thickness In accordance with subsection 412.21. Minimum of six transverse and six longitudinal joint Pull Test Joints locations for the 1St 2500 linear feet, then three transverse and three longitudinal joints thereafter Load Transfer Dowel Bar Placement In accordance with subsection 412.13 (b) 2 Texture Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. Table 106-3 QC TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, COMPRESSIVE STRENGTH CRITERIA Element Aggregate Gradation Slump Compressive Strength, Air Content, Yield, and Sand Equivalent Pavement Thickness Pull Test Joints Load Transfer Dowel Bar Placement Texture Depth Water Cement Ratio Minimum Testing Frequency Contractor's Quality Control Minimum of 1/day, then 1/10,000 sq. yds. First three loads each day, then as needed for control. Minimum of 1/day, then 1/2,500 sq. yds. In accordance with subsection 412.21. Minimum of six transverse and six longitudinal joint locations for the 1St 2500 linear feet, then three transverse and three longitudinal joints thereafter In accordance with subsection 412.13 (b) 2 1 per 528 linear feet in each lane and shoulder wider than 8 feet. First three loads each day, then 1/500 cu. yds. April 30, 2015 11 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Subsection 412.10 shall include the following: The Contractor shall provide a MIT -Scan -2 which is manufactured by MIT GmbH. The Contractor shall ensure the MIT -Scan -2 is calibrated for the specific dowel bar size or load transfer device being placed, and is operating within the manufacturer's tolerances. The Contractor shall also ensure that the operator of the MIT -Scan -2 is fully competent in the use of the device. The Contractor shall supply the serial number of the device to be utilized on the project. In subsection, 412.13 (a) 3rd paragraph, delete the first sentence and replace with the following: Holes with a diameter 1/4 inch greater than the bar diameter shall be drilled laterally into the hardened concrete slabs at one half the slab depth, 36 inches on center, 15 to 16 inches deep. In subsection 412.13 (a), delete the 5th paragraph and replace with the following: When tie bars are placed in plastic state concrete or drilled and epoxied into a construction joint, and if required by the Engineer, the Contractor shall demonstrate by testing at least 15 of the tie bars that the bar pullout resistance is at least 11,250 pounds with slippage of 1/16 inch or less. If two or more tie bars do not meet the required pullout resistance, then another 15 tie bars shall be tested. If any of the second 15 do not meet the required pullout resistance, then all remaining tie bars shall be tested. The Contractor shall perform additional pullout tests and take corrective action when and as directed. All steps taken to test bars, and to correct, repair or replace failed tie bars and the surrounding failed area shall be at the Contractor's expense. Concrete strength shall have a compressive strength of at least 2500 psi before testing. ASTM E488 shall be used for performing pullout testing.. Delete subsection 412.13 (b) 1 and 412.13 (b) 2 and replace with the following: 1. Longitudinal Weakened Plane Joints. Epoxy coated deformed steel tie bars shall be inserted into the plastic state concrete after the auger. In the event the tie bars are placed behind the machine paving mold, vibration will be required during placement. Other methods of bar placement may be acceptable if the Contractor can demonstrate satisfactory performance of the alternate method. Proposals of alternate methods or additional costs associated with other methods shall be at the Contractor's expense. Tie bars shall be placed according to a method approved by the Engineer. The Contractor shall use an MIT Scan -2 to evaluate the location of tie bars that cannot be visually inspected. Each longitudinal joint located within the dowel bar test locations described in subsection 412.13 (b) 2 that were not visually inspected shall be evaluated with the MIT Scan -2. The MIT Scan -2 shall be calibrated for the tie bar size placed. The tie bars shall be located within the middle third of the slab, and a minimum of/ inch below the saw cut. Tie bars shall have a minimum embedment of 12 inches on each side of the joint. The weakened plane joint shall be made by sawing in hardened concrete in accordance with the plan details. Tie bars that are cut during sawing operations shall be replaced at the contractor's expense. Tie bars that are located less than 2 inches above the bottom of the slab shall be replaced at the contractor's expense. Tie bars that are not embedded a minimum of 12 inches on each side of the joint shall be replaced. When the spacing between two in -place tie bars exceeds 40 inches but less than 72 inches, a tie bar will be installed halfway between the two tie bars, unless this installation location is within 12 inches of a transverse weakened plane joint. When the spacing between two in -place tie bars exceeds 72 inches, tie bars will be installed at an even spacing not to exceed 36 inches, but shall not be installed within 12 inches of a transverse weakened plane joint. The Contractor shall submit to the Engineer a method for replacing the tie bars. The Contractor shall not proceed to replace the tie bars until the method for replacement has been approved by the Engineer. April 30, 2015 12 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS 2. Transverse Weakened Plane Joints. When dowel bars are specified in the Contract, they shall be installed within the tolerances and of the size, grade, and spacing specified. Horizontal support wires or shipping braces shall be non -deformed bars or wires with a diameter less than or equal to 0.307 inches (gauge 0 wire). The number of horizontal support wires or shipping braces shall be limited to five per assembly. The horizontal support wires or shipping braces shall not be cut prior to concrete placement. The center of the dowel assembly or the insertion location shall be marked on both sides of the pavement slab for reference in sawing the joint. Dowel bars shall be furnished in a rigid welded assembly or placed by a dowel bar insertion (DBI) machine. When a DBI is used, the Contractor shall submit details and specifications of the proposed slip -form paver and DBI to the Engineer a minimum of 14 calendar days prior to the Concrete Pavement Pre -Paving Conference. The Contractor shall detail his methodology for ensuring correct marking of dowel bar insertion points and correct sawing of the joints. The Contractor shall ensure that the slip -form paver is compatible with the DBI. The rigid assembly shall be fabricated from number 1/0 wire or heavier with vertical support wires every 1 foot. Assembly shall be securely fastened to the subbase and constructed to firmly hold all the dowel bars at T/2 depth, parallel to each other and to the pavement grade and alignment. See Standard Plan M-412-1 for schematic describing the measurement of each tolerance. .A weighted -score system will be used to conduct a joint -by -joint evaluation of rotational misalignments of the dowel bars. The Joint Score is a measure of the combined effects of rotational misaligned dowel bars at a joint. A Joint Score is determined by summing the product of the weights (given in Table 412-1) and the number of bars in each misalignment category and adding 1. For example, if a joint has four misaligned bars in the 0.6 to 0.8 inch range, the joint score is 9; if a joint has one misaligned bar in the range 0.6 to 0.8 inch and one bar in the 1 to 1.5 inch range, the score is 8. A Joint Score of 10 is the critical level, above which the risk of joint locking is considered high. Table 412-1 WEIGHTING FACTORS USED TO DETERMINE JOINT SCORE Range of Rotational Misalignment Weight < 0.6 in. 0 ? 0.6 in and < 0.8 in. 2 ? 0.8 in and < 1 in. 4 ?1 in 5 Individual Dowel Bar Rejection Criteria: Rotational Alignment: Any bar with a misalignment greater than 1.5 in. Longitudinal (side) shift: Any bar that is not embedded at least 6 inches on each side of the joint Depth: Any bar within the top 3 inches of the pavement or at a depth less than the saw -cut depth. Any bar within the bottom 3 inches of the pavement When rigid assemblies are used to install dowel bars and the bars are rejected for depth, the Contractor may core the pavement to verify the MIT Scan depth results. April 30, 2015 13 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Joint Rejection Criteria: Any joint with a Joint Score greater than 10. An individual joint may be allowed if the two longitudinally adjacent joints each have a joint score less than or equal to 10 Any joint that does not have at least three acceptable dowel bars in each wheel path. Corrective Measures: The following corrective measures will be allowed for the bars or joints that are rejected. Rotational misalignment. Saw -cut the misaligned bars. Joints with less than three un-cut bars in each wheel path will require the addition of dowel bars using an approved dowel bar retrofit method. Longitudinal (side) Shift and missing bars. Addition of dowel bars using an approved dowel bar retrofit method. Depth. Inadequate cover above the bar —Remove the bar and install a replacement bar using an approved dowel bar retrofit method. Inadequate cover below the bar— Addition of dowel bars using an approved dowel bar retrofit method. Retrofitted dowel bars shall not exceed the dowel bar rejection criteria. In addition to the above procedures, the Contractor may propose removal and replacement of the affected slabs. The Contractor shall submit his method of repair to the Engineer for approval. The Contractor shall demonstrate his ability to place dowel bars in conformance with the specifications by placement of a test section. The test section shall be a minimum of 300 feet in length. Upon completion of the test section, the Contractor shall shut down paving operations. During the shutdown period, the Contractor shall evaluate all joints in the test section using the MIT -Scan -2, analyze the results and submit the results to the Engineer. Paving operations shall not be restarted until the Engineer approves the test section results. The test section will be found acceptable if 85% of the dowel bars placed are found to be within the rejection criteria. All dowel bars exceeding the Rejection Criteria must be addressed using the above corrective measures. The Contractor may continue paving at his own risk before the test section evaluation is complete. If the Project has less than 500 linear feet of pavement, the test section will not be required. If a Project does not have sections of continuous pavement greater than 45 linear feet, the test section will not be required. Upon completion of the test section(s) and for each week of production, the Contractor shall prepare an electronic report generated using MagnoProof software and submit it to the Engineer at the start of each working week during production for the previous weeks work. All data shall be submitted in the manufacturer's native file format, along with the calibration files. The electronic report shall include the following: (1) Contract number, date, highway number and direction of traffic. (2) Joint number, lane number and station. (3) Bar number and x -location of dowel bar. (4) Horizontal and vertical misalignment of each bar in inches. (5) Overall misalignment of each bar in inches of each bar (6) Side shift of each bar in inches. (7) Depth to center of each bar in inches. (8) Joint Score April 30, 2015 14 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS (9) All measurements exceeding the rejection criteria shall be highlighted in red. Due to potential magnetic interference from tie bars, dowel bars located within 15 inches of a tied joint shall not be included in the evaluation. When the test section is found to be unacceptable, the Contractor shall perform corrective actions and place a second test section. If the second test section is found to be unacceptable, the Contractor shall pave no more than 500 feet per day until an acceptable test section has been achieved. Once a test section is successfully completed, Dowel Bar Placement testing frequency shall be a minimum of one location per 1,250 linear feet of each continuous lane including climbing lanes, passing lanes, acceleration and deceleration lanes and ramps. Sections greater than 45 linear feet and less than 1,250 linear feet require a minimum one of test location. . Testing locations shall be determined by a random procedure so that each area has a randomly selected transverse joint location. At each location, five consecutive joints shall be tested. Sections of continuous pavement constructed by the project less than 45 linear feet will not require Dowel Bar Placement Testing. When any joint score is greater than10 or any one bar in a single joint exceeds the rejection criteria, joints shall be tested in each direction from the rejected joint, until two consecutive joints in each direction are found to be within the rejection criteria. All delays or costs associated with equipment being rejected for use by the Engineer will not be paid for by the Department, and will be considered a Non -excusable Delay in accordance with subsection 108.08 (c) 2. When concrete shoulders or widenings are constructed subsequent to the driving lanes, transverse weakened plane joints shall immediately be formed in the plastic concrete of these widenings to create an extension of the existing transverse joint. This tooled joint shall be formed in such a manner that it controls the cracking and shall be sawed and sealed in accordance with the above requirements. In subsection 412.21, delete the first sentence in the sixth paragraph. In subsection 601.02, delete Class E and P Concrete from Table 601-1 and replace with the following: Concrete Class Required Field Compressive Strength (psi) Cementitious Material Content: Minimum or Ran a (lbs/yd3) Air Content: % Range Total Water /Cementitious Material Ratio: Maximum or Range E P days 4500 28 days 4500 28 520 520 4 - 8 4 - 8 0.44 0.44 In subsection 601.02, delete the sixth and ninth paragraphs and replace with the following: Class E concrete is used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Class E concrete shall meet the requirements of Class P concrete. ASTM C150 Type Ill or ASTM C1157 Type HE cement may be used. Accelerating admixtures may be used. Class P concrete is used in pavements. Additional requirements are: The Required Field Flexural Strength shall be 650 psi when flexural strength acceptance is specified. The laboratory trial mix shall produce a minimum average 28 day flexural strength 700 psi. Two aggregate gradation options are available: April 30, 2015 15 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS (a) Standard Gradation (SG). The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. (b) Optimized Gradation (OG). Aggregate proportions must be a result of an optimized combined aggregate gradation (CAG) developed by an approved mix design technique such as Shilstone or KU Mix. The amount of aggregate in the CAG passing the 19 mm (3/4 inch) sieve and retained on the12.5 mm (1/2 inch) sieve shall be a minimum of 8 percent for the trial mix design. The coarseness factor (CF) and workability factor (WF) must plot within the workability box (ABCD) depicted graphically by the following 4 coordinate points: a. Point A> (CF,WF) 72, 31 b. Point B> (CF,WF) 44.5, 35 c. Point C> (CF,WF) 44.5, 43.5 d. Point D> (CF,WF) 72, 40 Figure 601-1 Workability Box Workability Factor 50 45 40 35 30 25 20 kr:=1 B 80 70 60 50 40 30 Coarseness Factor CF = (SIT)x 100 Where: S = Percent Cumulative Retained on 9.5 mm (3/8 inch) Sieve T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve WF is the percent passing the 2.36 mm (No. 8) sieve. Increase workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used in excess of 564 pounds per cubic yard in the mix design. Decrease workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used below 564 pounds per cubic yard in the mix design. Do not adjust the workability factor if the amount of cementitious material is 564 pounds per cubic yard. Delete Subsection 60t05 (7) and replace with the following: (7) Class E and P concrete shall include AASHTO T97 (ASTM C78) Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading). When compressive strength is indicated, at least two specimens will be tested at 7 days and four specimens at 28 days. When flexural strength is indicated, at least two specimens will be tested at 3, 7 and 14 days and four specimens at 28 days. When flexural strength is indicated, the mix design shall include AASHTO T198 (ASTM C496) Splitting Tensile Strength of Cylindrical Concrete Specimens. At least two specimens will be tested at 3, land 14 and April 30, 2015 16 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS 28 days. The splitting tensile strength specimens for each age shall be cast from the same trail batch as the same age flexural strength specimens. Multiple trial batches may be used. The Engineer will verify the correlation curve during production by casting and testing Splitting Tensile specimens. If the correlated flexural strength of the splitting tensile sample is not within 50 psi of the verification beam specimen's flexural strength, a new correlation curve shall be required if low flexural strength specimen are to be evaluated. April 30, 2015 17 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Subsection 601.05 shall include the following in the second paragraph: (8) Class P concrete with an OG shall indicate the gradation proportions that results in a combined aggregate gradation corresponding to compliance within the specified CF and WF box and shall include the following charts used to perform aggregate gradation analysis: (i) Coarseness Factor (ii) Workability Factor (iii) 0.45 power (iv) Combined gradation Delete Subsection 601.06 (10) and (11) and replace with the following: (10) Weights of fine and coarse aggregates or combined weight when an OG is pre -blended (11) Moisture of fine and coarse aggregates or combined moisture when an OG is pre -blended Subsection 601.06 (c) shall include the following: Aggregates for Class P concrete using an OG, a combination of aggregates (stockpiled separately) shall be combined prior to the stationary charging drum to meet the approved CAG. In subsection, 709.03, delete the first paragraph and replace with the following: 709.03 Dowel Bars and Tie Bars. Tie bars for longitudinal and transverse joints shall conform to AASHTO M 284 and shall be grade 60, epoxy -coated, and deformed. Bar size shall be as designated on the Standard Plan M- 412-1. April 30, 2015 18 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Colorado Procedure 65-15a Standard Practice for EVALUATING LOW CONCRETE STRENGTH TEST RESULTS OF CONCRETE CYLINDERS 1. SCOPE 1.1 Field test procedures and strength test results for standard molded and cured cylinders and beams shall be evaluated separately for each class of concrete. Such evaluation shall be conducted to determine if tests have been conducted in accordance with the ASTM, AASHTO and/or approved CDOT procedures and specifications. 1.1.1 The evaluation process will include investigation to ensure that proper procedures were followed in the following areas: - Molding - Curing methods and temperatures - Initial curing period - Laboratory curing period - Testing procedure - Personnel qualifications NOTE: Contact the Central Laboratory at (303) 398-6543 at least 48 hours before coring so that additional instruction can be given. 1.2 This practice is comprised of two methods. Method A for evaluation of low concrete compressive strength and Method B for the evaluation of low concrete flexural strength. 2. EVALUATION 2.1 Should cylinders or beams fall below the specified strength, a field investigation will be conducted as follows: 2.1.1 If test procedures outlined in Subsection 1.1 were not followed, results will be considered to be invalid and the tests shall be discarded. If cores are required, they will be at the expense of CDOT to replace acceptance cylinders and at the expense of the Contractor to replace QC beams. 2.1.2 The concrete supplier will furnish concrete batch tickets of the suspected low strength concrete for comparison against approved mix design. 2.1.3 Batch tickets will be checked to determine job site water addition. 2.1.4 Evaluation of the concrete in question will be made based on Subsections 2.1.1, 2.1.2 and 2.1.3. 3. Section Deleted 4. CORING 4.1 This procedure describes the method used to obtain and evaluate cores from in -place concrete. This will be performed in accordance with the latest revision of AASHTO T 24 (ASTM C 42), with the exception that immediately after removal from the structure, cores will be cured at a temperature between 60° - 80°F (15° - 27°C) and at a relative humidity below 60% for the first 24 hours. 4.2 Cores taken for the determination of strength shall be of a standard size and within appropriate tolerance. NOTE 1 Bits cut approximately 1/4" smaller than nominal OD (outside diameter). The 4 1/4" and 6 1/4" OD bits produce 4" and 6". 5. APPARATUS 5.1 The apparatus shall be as described in AASHTO T 24 (ASTM C 42). Method A Compressive Strength 6. PROCEDURE 6.1 Within 45 days after placement, cores with a diameter at least 3 times the nominal maximum size of the coarse aggregate used in the concrete April 30, 2015 19 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS shall be obtained in accordance with AASHTO T 24 (ASTM C 42). The cores shall be conditioned in accordance with Subsection 4.1. The cores will then be tested for compressive strength between 24 and 48 hours after removal. 6.2 At least 3 representative cores shall be taken from the concrete represented by each out- of - specification cylinder set. 6.3 Coring location shall be in locations directed by the Engineer. . 6A Core holes shall be filled with low slump concrete or mortar. 6.5 If the compressive strength of any one core differs from the average by more than 10% that core will be discarded and the average will be determined using the compressive strengths of the remaining two cores. If more than one core's compressive strength differs from the average by more than 10%, the average will be determined using all three cores. 6.6 Pay factors for strength of structural concrete shall be according to Table 601-3 of the CDOT Standard Specifications, and will be used to price reduce the cores or standard test cylinders, whichever are higher in strength. Pay factors for concrete pavement will be evaluated according to subsection 105.06 of the CDOT Standard Specifications. 6.7 The following examples are for structural concrete in accordance with Subsection 601.17 of the CDOT Standard Specifications: Example 1: Given: f'c = 3000 psi Concrete test cylinders averaged 2800 psi. Core 1 Core 2 Core 3 PSI 2900 2850 2450 Average compressive strength of 3 cores = 2730 psi. Find: Is the concrete in the structure adequate under CDOT specifications? Test Evaluation: f'n = 3000 psi Average compressive strength of 3 cores - 2730 psi Do any compressive strengths differ from the average by more than 10%? 10% of Average compressive strength = 273 psi Core 1: 2900 - 2730 = 170 psi, < 273 therefore OK Core 2: 2850 - 2730 = 120 psi, < 273 therefore OK Core 3: 2730 - 2450 = 280 psi, > 273 therefore - discard core and re -compute average compressive strength using two remaining cores. New average compressive strength = 2875 psi Use Table 601-3 to compute appropriate price reduction based on 2875 psi, since core strengths were higher than the cylinders strengths. Solution: April 30, 2015 20 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Example 2: Price Reduction of Concrete In this example calculation, a certain project has a pay item for 720 cubic yards of Concrete Class D (bridge). The contractor bid $700 per cubic yards. To cover this quantity 8 sets of cylinders were molded and tested for compressive strength at 28 days. Some of the test results showed the concrete had less than the required 28 -day compressive strength of 4500 psi. The project engineer has used all eight sets of cylinders to calculate the appropriate price reduction. Test Number Cylinder Strength psi Cylinder Strength psi Cylinder Strength psi Average Cylinder Strength Psi 1 4510 4270 4580 4450 2 6200 6100 6250 6180 3 3800 4310 3840 3980 4 4210 4380 4060 4220 5 4040 3830 3790 3890 6 4130 4020 3930 4030 7 4710 4670 4790 4720 8 4960 5160 5200 5110 TABLE 65-1 The average strength of three 28 -day cylinders is used to determine the acceptability of concrete placed in a structure. The break results of test numbers 1, 3, 4, 5 & 6 are below the required 28 -day strength of 4500 psi for bridge decks. According to Section 601.17(c) of the CDOT Standard Specification for Road and Bridge Construction "The concrete will be considered acceptable when the running average of three consecutive strength tests is equal to or greater than the specified strength and no single test falls below the specified strength by more than 3.5 MPa (500 psi)." Test Number Average Cylinder Strength psi Average of Three Consecutive Tests (psi) Strength Below fc' psi 1 4450 2 6180 3 3980 4870 520 4 4220 4793 280 5 3890 4030 610 6 4030 4047 470 7 4720 4213 8 5110 4620 TABLE 65-2 The table above shows that the running average of three consecutive tests fall below the required strength of 4500 psi, and the concrete placed will be price reduced according to the pay factors in Table April 30, 2015 21 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS 601-3 in Subsection 601.17. Test numbers 3, 4, 5, & 6 are represented in the low consecutive averages and will be price reduced. Test number 1 is considered acceptable and will riot be price reduced because its running average with the next two tests is greater than the required strength, and it is not more than 500 psi below the required strength. To price reduce the low strength results you need to know the bid price for the concrete, and the quantity represented by each test. As stated above, the concrete was bid at $700.00 per cubic yard. The contractor placed 720 cubic yards of Concrete Class D (bridge). The 720 cubic yards are represented by 8 sets of cylinders. Therefore, on this project the Engineer determined that each test represents 90 cubic yards. This is only an example and the quantity represented per test shall be determined by the Project Engineer. The formula for price reduction is: PR=Px(1-PF )xCY Where: PR = Price Reduction, P = Bid Price of Concrete, PF = Pay Factor from Table 601-3 of Subsection 601.17, CY = Cubic Yards represented by the test. Test Number Average Strength Psi Average of Three Consecutive Tests (psi) Strength Below fc' psi Pay Factor Table 601-2E Price Reduction 1 4450 2 6180 3 3980 4870 520 0.65 $22,050.00 4 4220 4793 280 0.92 $ 5,040.00 5 3890 4030 610 0.54 $28,980.00 6 4030 4047 470 0.75 $15,750.00 7 4720 4213 --- 8 5110 4620 --- Total Price Reduction $71,820.00 TABLE 65-3 The Contractor has the option to obtain cores from the areas represented by tests 3, 4, 5 & 6 before the concrete is 45 days old. Coring will be in accordance to CP 65. In this case the contractor elected to obtain cores from the bridge deck. The following is a summary of the core break results: Test Area Core Strength psi Core Strength psi Core Strength psi Average Core Strength psi 3 4230 4010 4100 4110 4 4630 4570 4510 4570 5 3690 3740 3700 3710 6 4270 4510 4400 4390 TABLE 65-4 April 30, 2015 22 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS The core strength results will replace the cylinder strength results if the core strengths are higher. In this case, cores from areas 3, 4 & 6 will replace the cylinder strength results for tests 3, 4 & 6. The following table shows the new price reductions: Test Number Average Cylinder Strength psi Average Core Strength psi Strength Below fc' psi Pay Factor Table 601-2E Price Reduction 1 4450 2 6180 3 3980 4110 390 0.84 $ 10,080.00 4 4220 4570 5 3890 3710 610 0.54 $28,980.00 6 101G 4390 110 0.96 $ 2,520.00 7 4720 8 5110 Total Adjusted Price Reduction $41,580.00 TABLE 65-5 April 30, 2015 23 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Method B Flexural Strength 7. PROCEDURE 7.1 Within 45 days after placement, cores of the same size as the splitting tensile cylinders used in the trial mix shall be obtained in accordance with AASHTO T 24 (ASTM C 42). The cores shall be conditioned in accordance with Subsection 4.1. The cores will then be tested for splitting tensile strength between 24 and 48 hours after removal. 7.2 At least 3 representative cores shall be taken from a single slab represented by each low flexural strength. A core containing rebar or dowel bars shall be discarded and a new core shall be taken. 7.3 Coring location shall be in locations directed by the Engineer. . 7.4 Core holes shall be filled with low slump concrete or mortar. 7.5 If the splitting tensile strength of any one core differs from the average by more than 10% that core will be discarded and the average will be determined using the splitting tensile of the remaining two cores. If more than one core's splitting tensile strength differs from the average by more than 10%, the average will be determined using all three cores. 7.6 The flexural strength of the concrete will be determined by using a correlation of the concrete's flexural strength to its splitting tensile strength. 7.6.1 Using the flexural strength and splitting tensile strengths from the concrete's trial mix, for each age, plot the flexural strength on one axis and the splitting tensile strength on the second axis. Determine a linear equation relating the two strengths. 7.6.2 Using the average splitting tensile strength from a set of cores, and the equation in section 7.6.1, determine the corresponding flexural strength. 77 Pay factors for concrete pavement will be evaluated according to subsection 105.06 of the CDOT Standard Specifications. 24 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENT AND DOWEL BARS AND TIE BARS FOR JOINTS Example 3: The following example shows a plot of flexural strength and splitting tensile strength. Age Average Flexural Strength (psi) Average Splitting Tensile Strength (psi) 3 545 480 7 580 505 14 635 560 28 720 650 750 700 m 650 600 I- 550 500 a 450 400 y = 0.9857x- 62.367 400 500 600 700 800 Flexural Strength November 6, 2014 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.11 shall include the following: The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106i 3, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. July 29, 2011 1 REVISION OF SECTION 106 HOT MIX ASPHALT - VERIFICATION TESTING Section 106 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 106.05 (e) and replace with the following: (e) Mix Verification Testing. After the mix design has been approved and production commences, the Department will perform a minimum of three volumetric verification tests for each of the following elements to verify that the field produced Hot Mix Asphalt (HMA) conforms to the approved mix design: (1) Air Voids (2) Voids in Mineral Aggregate (VMA) (3) Asphalt Content (AC). The test frequency shall be one per day unless altered by the Engineer. The test results will be evaluated and the Contractor shall make adjustments if required in accordance with the following: 1. Target Values. The target value for VMA will be the average of the first three volumetric field test results on project produced hot mix asphalt or the target value specified in Table 403-1 and Table 403-2 of the specifications, whichever is higher. The target value for VMA will be set no lower than 0.5 percent below the VMA target on Form 43 prior to production. The target values for the test element of air voids and AC shall be the mix design air voids and mix design AC as shown on Form 43. 2. Tolerance Limits. The tolerance limits for each test element shall be: AC ± 0.3 percent Air Voids ± 1.2 percent VMA ± 1.2 percent 3. Quality Levels. Calculate an individual QL for each of the elements using the volumetric field verification test results. If the QL for VMA or AC is less than 65 or if the QL for air voids is less than 70, the production shall be halted and the Contractor shall submit a written proposal for a mix design revision to the Engineer. Production shall only commence upon receipt of written approval from the Engineer of the proposed mix design revision. After a new or revised mix design is approved, three additional volumetric field verification tests will be performed on asphalt produced with the new or revised mix design. The test frequency shall be one per day unless altered by the Engineer. If the QL for VMA or AC is less than 65 or the QL for the test element of air voids is less than 70, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates that he is capable of producing a mixture meeting the verification requirements in accordance with A or B below: A. The Contractor shall produce test material at a site other than a CDOT project. The Contractor shall notify the Engineer a minimum of 48 hours notice prior to the requested test. The location and time of the test are subject to the approval of the Engineer, prior to placement. Three samples will be tested for volumetric properties. If the QL for VMA or AC is equal or greater than 65 and the QL for the element of air voids is equal or greater than 70, full production may resume or; B. The Contractor may construct a 500 ton test strip on the project. Three samples in the last 200 tons will be tested for volumetric properties. After construction of the test section, production shall be halted until the testing is complete and element QLs are calculated. If the QL for VMA or AC is equal July 29, 2011 2 REVISION OF SECTION 106 HOT MIX ASPHALT - VERIFICATION TESTING or greater than 65 or the QL for the element of air voids is equal or greater than 70, full production may resume. If the QL for VMA or AC is less than 65 or the QL for the element of air voids is less than 70, the material shall be removed and replaced at no cost to the Department. The time count will continue, and any delay to the project will be considered to have been caused by the Contractor and will not be compensable. The costs associated with mix designs shall be solely at the Contractor's expense. If the Contractor fails to verify the new mix design in accordance with A or B, then production shall be halted until a new mix design has been completed in accordance with CP 52 or CP 54, a new Form 43 issued, and the Contractor demonstrates they are capable of producing a mixture meeting the verification requirements in accordance with A or B. 4. New or Revised Mix Design. Whenever a new or revised mix design is used and production resumes, three additional volumetric field verification tests shall be performed and the test results evaluated in accordance with the above requirements. The test frequency shall be one per day unless altered by the Engineer. 5. Field Verification Process Complete. When the field verification process described above is complete and production continues, the sample frequency will revert back to a minimum of 1/10,000 tons. The Engineer has the discretion to conduct additional verification tests at any time. October 31, 2013 1 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re -sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re -sample and re -test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. January 30, 2014 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. October 29, 2015 1 REVISION OF SECTIONS 106 AND 412 SURFACE TEXTURE OF PORTLAND CEMENT CONCRETE PAVEMENT Sections 106 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 106.06 (a) shall include the following: The Contractor shall submit the proposed method of PCCP texturing at the Pre -Construction conference for approval by the Engineer. The Contractor shall perform process control (PC) testing for the pavement surface texture depth in accordance with CP 77 Method B. All PC results for surface texture depth measurements shall be included in the Contractor's QC notebook. The start of PC testing for texturing depth shall be completed within 24 hours after the first 500 linear feet of textured pavement is placed for each lane. Paving shall not proceed until results are accepted by the Engineer. Surface texture will be considered acceptable when the average texture depth (ATD) of the panel is greater than 0.05 inch. When the ATD is less than 0.05 inches, the Contractor shall determine the area represented by this test. The area shall be determined by taking additional tests at 15 foot intervals parallel to the centerline in each direction from the affected location until two consecutive tests are found to be within the specified limits. Any surface with unacceptable texturing exceeding 25 linear feet in any lane or shoulder greater than 8 feet wide shall be diamond ground full width of the lane. Upon the second unacceptable test result, the Contractor shall notify the Engineer, in writing, the action taken to provide an acceptable surface texture. Subsection 106.06 (b) shall include the following The Department will perform surface texture acceptance testing in accordance with CP 77 Method B. The Department will determine the panel locations where acceptance test measurements are to be taken. One stratified random acceptance test per 2,500 linear feet or fraction thereof in each lane and shoulder wider than 8 feet shall be taken with a minimum of one test per day when the Contractor is paving. When the Department locates areas of surface texture that do not meet the minimum ATD, the Contractor will be notified and the Contractor shall be responsible for identifying the limits of the deficient texture depth. After the Engineer approves the limits, the Contractor shall correct the deficient surface texture by diamond grinding full lane width to provide an ATD greater than 0.05 inch at no additional cost to the project. Correcting surface texture deficiencies shall occur prior to pavement smoothness testing and pavement thickness determinations. In subsection 106.06, delete the Tining Depth element from Tables 106-2 and 106-3 and replace with the following: Table 106-2 Element Minimum Testing Frequency Contractor's Quality Control Average Texture Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. Table 106-3 Element Minimum Testing Frequency Contractor's Quality Control Average Texture Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. Delete subsection 412.07 (c) Delete subsection 412.12 (c) and (d) and replace with the following: (c) Final Finish and Stationing. The final surface of the pavement shall be uniformly textured with a broom, burlap drag, artificial turf or diamond ground in order to obtain the specified texture depth. Surface imperfections resulting from the texturing operation shall be corrected by the Contractor at no additional cost. October 29, 2015 2 REVISION OF SECTIONS 106 AND 412 SURFACE TEXTURE OF PORTLAND CEMENT CONCRETE PAVEMENT Broom, burlap drag or artificial turf texture shall be installed within 15 minutes after strike -off, or as pavement conditions allow Diamond grinding shall be performed using diamond blades mounted on a self-propelled machine designed for diamond grinding and texturing concrete pavement. The equipment shall have a positive means of vacuuming the grinding residue from the pavement surface, leaving the surface in a clean, near -dry condition. Diamond grinding shall not occur until the concrete has attained strength of at least 2,500 psi. The diamond grinding process shall produce a pavement surface that is true to grade and uniform in appearance. The grooves shall be evenly spaced. Any ridges on the outside edge next to the shoulder, auxiliary, or ramp lanes greater than 3/16 inch high shall be feathered out to the satisfaction of the Engineer in a separate, feather pass operation. The pavement surface after diamond grinding shall have no depressions or misalignment of slope in the longitudinal direction exceeding 1/8 inch in 12 feet when measured with a 12 foot straightedge placed parallel to the centerline. All areas of deviation shall be reground at no additional cost. Stationing shall be stamped into the outside edge of the pavement, as shown on the plans. Delete subsection 412.14 and replace with the following: 412.14 Curing. Immediately after the finishing operations have been completed the entire surface and exposed sides of the newly placed concrete, shall be sprayed uniformly with a curing compound meeting the requirements of ASTM C309, Type 2. The ASTM C309 Type 2 curing compound shall be volatile organic content (VOC) compliant. The curing compound shall be applied within 10 minutes after the final finish has been applied. Failure to cover the surface of the concrete within 10 minutes shall be cause for immediate suspension of the paving operations. An initial application of curing compound shall be applied under pressure by mechanical sprayers at the rate of not less than 1 gallon per 180 square feet of pavement surface. A second application of curing compound shall be applied within 30 minutes after the initial application. The second application rate shall be not less than 1 gallon per 180 square feet of pavement surface. Alternatively, the Contractor may apply the curing compound in one application of not less than 1 gallon per 120 square feet. Additional curing compound shall be applied as needed to ensure that 100 percent of the pavement is covered. The spraying equipment shall be fully automated, equipped with a tank agitator, and a wind guard. During application, the compound shall be in a thoroughly mixed condition with the pigment uniformly dispersed throughout the vehicle and the compound shall be stirred continuously by effective mechanical means. Hand spraying of irregular widths or shapes and surfaces exposed by removal of forms will be permitted. Curing compounds shall not be applied to the inside faces of joints to be sealed. Should the curing film become damaged from any cause, within 72 hours after concrete placement, except for Class E concrete open to traffic, the damaged portions shall be repaired immediately with additional curing compound, payment for which shall be at the Contractor's expense. The sides of pavement slabs shall be immediately sprayed with curing compound when the forms are removed. Delete subsection 412.18(2) and replace with the following: (2) Corrective work for texturing. Delete subsection 412.22 and replace with the following: 412.22 Opening to Traffic. The pavement shall not be opened to traffic until the concrete has achieved a compressive strength of 3000 psi. Concrete compressive strength shall be determined by maturity meters. Prior to opening the pavement to traffic the roadway shall be cleaned, as approved. October 29, 2015 3 REVISION OF SECTIONS 106 AND 412 SURFACE TEXTURE OF PORTLAND CEMENT CONCRETE PAVEMENT Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at a minimum of once per day and then once per 5,000 square yards. Placement shall be as directed by the Engineer. For placements with multiple maturity meters, the lowest compressive strength shall determine when the pavement may be opened to traffic. If a maturity meter fails, is tampered with, is destroyed or was riot placed, the section of pavement represented by the maturity meter shall remain closed to traffic for a period of 28 days. The Contractor may choose at his own expense to core the section of pavement represented by the maturity meter. Cores will be obtained and tested according to CP 65. Cores will be a minimum of 4 inches in diameter. A minimum of three cores in a two square foot area will be obtained. If the compressive strength of any one core differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two cores. If the compressive strength of more than one core differs from the average by more than 10 percent the average strength will be determined using all three compressive strengths of the cores. To open the section of pavement, the average compressive strength of the cores shall be a minimum of 3,000 psi. In subsection 412.24 (a) delete the second paragraph and replace with the following: The price per square yard of Concrete Pavement shall be full compensation for furnishing and placing all materials, including any dowels, tie bars, joint materials, texturing, sawing, finishing, and rumble strips. May 2, 2013 REVISION OF SECTION 107 PROJECT PAYROLLS Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.01 shall include the following: As related to the Form FHWA 1273, Required Contract Provisions Federal -Aid Construction Contracts, the Contractor shall check all Contractor and subcontractor project payrolls regarding accuracy of pay classification, pay hours, and pay rates. The Contractor shall sign and date all payrolls signifying this check has been performed. February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. January 30, 2014 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified. March 29, 2016 1 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.25 and replace with the following: 107.25 Water Quality Control. The project work shall be performed using practices that minimize water pollution during construction. All the practices listed in (b) below shall be followed to minimize the pollution of any State waters, including wetlands. (a) Definitions. 1. Areas of Disturbance (AD). Locations where any activity has altered the existing soil cover or topography, including vegetative and non -vegetative activities during construction. 2. Construction Site Boundary/Limits of Construction (LOC). The project area defined by the Stormwater Construction Permit. 3. Discharge of Pollutants. One or more pollutants leaving the LOC or entering State waters or other conveyances. 4. Limits of Disturbed Area (LDA). Proposed limits of ground disturbance as shown on the Plans. 5. Pollutant. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)] 6. Pollution. Man-made, man -induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. [25-8-103 (16), CRS] 7. State waters. Defined in subsection 101.77. (b) Construction Requirements. 1. The Contractor shall comply with the "Colorado Water Quality Control Act" (Title 25, article 8, CRS), the Protection of Fishing Streams" (Title 33, Article 5, CRS), the "Clean Water Act" (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply. 2. If the Contractor determines construction of the project will result in a change to the permitted activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Within five days after receipt of the report, the Engineer, after coordination with Region Planning and Environmental Manager (RPEM), will approve or reject in writing the request for change, or detail a course of action including revision of existing permits or obtaining new permits. 3. If construction activities result in noncompliance of any permit requirement, the project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency. 4. The Contractor is legally required to obtain all permits associated with specific activities within, or off the Right of Way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor's responsibility to obtain these permits. The Contractor shall consult with the Engineer, and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. March 29, 2016 2 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) 5. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters. Erosion control work shall be performed in accordance with Section 208, this subsection, and all other applicable parts of the Contract. 6. Prior to the Environmental Pre -construction Conference the SWMP Administrator, identified in subsection 208.03(c), shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, if found to have such potential: (1) All exposed and stored soils (2) Vehicle tracking of sediments (3) Management of contaminated soils (4) Vehicle and equipment maintenance and fueling (5) Outdoor storage activities (building materials, fertilizers, chemicals, etc.) (6) Significant dust or particle generating processes (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. (8) On site waste management practices (waste piles, dumpsters, etc.) (9) Dedicated asphalt and concrete batch plants (10) Concrete truck and equipment washing, including the concrete truck chute and associated fixtures and equipment (11) Concrete placement and finishing tool cleaning (12) Non -industrial waste sources that may be significant, such as worker trash and portable toilets (13) Loading and unloading operations (14) Other areas or procedures where spills could occur The SWMP Administrator shall record the location of potential pollutants on the site map. Descriptions of the potential pollutants shall be added to the SWMP notebook. At or prior to the Environmental Pre -construction Conference the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See subsection 208.06(c) for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. On site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a "reasonable expectation of an oil discharge" to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is covered, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Prior to start of work, the Contractor shall submit a SPCC Form which has been approved by the EPA for the project. March 29, 2016 3 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) 7. The Contractor shall obtain a Construction Dewatering (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to State waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE in accordance with Section 250. 8. Water from dewatering operations shall not be directly discharged into any State waters, unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless: (1) Written permission is obtained from the owner of the ditch. (2) It is covered in the approved CDW or Remediation permit that allows the discharge. (3) A copy of this approval is submitted to the Engineer. A copy of the Permit shall be submitted to the Engineer prior to dewatering operations commencing. If the site is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS- SCP) and the following conditions are met, a separate CDW permit will not be required for discharge to the ground: (1) The source is identified in the Stormwater Management Plan (SWMP) as updated by the SWMP Administrator. (2) The SWMP describes and locates the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater. (3) The SWMP describes and locates the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers. (4) Groundwater and groundwater combined with stormwater do not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface water are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g. disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground. Construction Dewatering may be discharged to the ground on projects that are not covered by a CDPS- SCP if the conditions of the CDPHE's low risk guidance document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are: (1) The source of the discharge is solely uncontaminated groundwater or uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above. (2) Discharges from vaults or similar structures shall not be contaminated. Potential sources of contamination include process materials used, stored, or conveyed in the structures, or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives. (3) The groundwater discharge does not leave the project boundary limits where construction is occurring. (4) Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. March 29, 2016 4 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) (5) Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing BMPs that are designed to reduce velocity flow. If the BMPs used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff. (6) A visible sheen is not evident in the discharge. (7) BMPs are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. (8) All BMPs used shall be selected, installed, implemented, and maintained according to good Engineering, hydrologic and pollution control practices. The selected BMPs shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. Discharged water shall be drained slowly so that it soaks into the ground without running outside the project boundary or causing flooding issues. The discharge shall be routed in such a way that it will not contact petroleum products or waste. 9. At least 15 days prior to commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer. 10. Temporary fill into wetlands or streams will not be allowed, except as specified in the Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract. 11. Construction operations in waters of the United States as defined in 33 CFR Part 328.3, including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters will be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. 12. Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow material, or any other construction support activity. 13. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into State waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering State waters. A minimum of ten days prior to the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. 14. The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be in accordance with the manufacturer's recommended application rates, frequency, and instructions. March 29, 2016 5 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) 15. All materials stored on -site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer's label. Materials shall not be stored in a location where they may be carried into State waters at any time. 16. Spill prevention and containment measures conforming to subsection 208.06 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer's recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing. 17. The Contractor shall prevent construction activities from causing grass or brush fires. 18. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. 19. Prior to start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned prior to initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified prior to being brought onto the project site. 20. Vehicles which have been certified by the Contractor as having been cleaned prior to arrival on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified. 21. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. 22. Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate BMP. (c) Measurement and Payment. 1. All the work listed in (b) above, including but not limited to dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for CDPHE concurrences and permits, will not be measured and paid for separately, but shall be included in the work. 2. The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor's noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. 3. The Contractor will not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices. 4. If a spill occurs as a direct result of the Contractor's actions or negligence, the clean-up of such spill shall be performed by the Contractor at the Contractor's expense. 5. Areas exposed to erosion by fire resulting from the Contractor's operations shall be stabilized in accordance with Section 208 by the Contractor and at the Contractor's expense. (d) CDOT Obtained Stormwater Construction Permit. CDOT will obtain the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) from the Colorado Department of Public Health and Environment (CDPHE) prior to the award of contract. The Contractor may be legally required to obtain all other permits associated with specific activities within, or off the Right of Way, such as borrow pits, concrete March 29, 2016 6 REVISION OF SECTION 107 WATER QUALITY CONTROL (CDOT OBTAINED STORMWATER PERMIT) or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor's responsibility to obtain these permits. The Contractor shall consult with the Engineer, and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. The Contractor shall coordinate with CDOT on transferring the respective Permit to the Contractor upon award of the Contract. The Contractor shall submit the "Application For Transfer of Ownership For All Permits, Certifications and Authorizations" for the CDPHE Permit, prior to commencement of construction. Work shall not begin until the CDPS-SCP permit transfer has been approved from CDPHE, unless otherwise directed. If a Utility Company has pulled a permit for the area prior to the Contractor being on site, then the Contractor shall coordinate with the Utility Company to transfer those areas over to the Contractor prior to work commencing. The Contractor shall not commence construction until Application for Transfer of Ownership for All Permits, Certifications and Authorizations has been approved by CDPHE and submitted to the Engineer. To initiate Partial Acceptance of the stormwater construction work (including seeding and planting required for erosion control), the Contractor shall request in writing a Stormwater Completion Walkthrough. The Engineer will set up the walkthrough and will include: the Engineer or designated representative, Superintendent or designated representative, Stormwater Management Plan (SWMP) Administrator, Region Water Pollution Control Manager (RWPCM) and Landscape Architect representing the region. Unsatisfactory and incomplete erosion control work will be identified in this walkthrough, and will be summarized by the Engineer in a punch list. The Water Quality Permit Transfer to Maintenance Punch List may be used as a template in creating the Engineer's punch list. The Engineer will coordinate with CDOT Maintenance on regular inspections of the corrective work. The completed action items associated with the corrective work shall be shown as completed on the Punch List. Upon completion of all items shown, the Contractor shall submit the completed Punch List to the Engineer for review. Upon written approval of the Punch List, the Contractor shall submit the "Application for Transfer of Ownership for All Permits, Certifications and Authorizations" to the CDPHE requesting transfer of ownership of the CDPS-SCP to CDOT Maintenance. When requested by CDOT Maintenance and approved by the Engineer, the Permit may be transferred by the Contractor to the Resident Engineer instead of CDOT Maintenance. Until the transfer of the permit has been approved by the CDPHE the Contractor shall continue to adhere to all permit requirements. Requirements shall include erosion control inspections, BMP installation, BMP maintenance, BMP repair, including seeded areas, and temporary BMP removal. All documentation shall be submitted to the Engineer and placed in the SWMP notebook. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work in accordance with subsection 107.02. April 30, 2015 1 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.08, delete (c) and (d) and replace with the following: (c) Delay. Any event, action or factor that extends the performance period of the Contract. 1. Excusable Delay: A delay that was beyond the Contractor's control and was not due to the Contractor's fault or negligence. The Department may grant a contract time extension for an excusable delay. A. Compensable Delay: A delay that the Department, not the Contractor, is responsible for entitling the Contractor to a time extension and monetary compensation. Monetary compensation for compensable delays will be made in accordance with Subsection 109.10. B. Noncompensable Delay: An excusable delay that neither the Contractor nor the Department is responsible for that may entitle the Contractor to a contract time extension but no additional monetary compensation. Contract time allowed for the performance of the work may be extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist acts, fires, floods, area wide strikes, embargoes, or unusually severe weather). 2. Nonexcusable Delay: A delay that was reasonably foreseeable or within the control of the Contractor for which the Department will not grant monetary compensation or a contract time extension. 3. Concurrent Delay. Independent delays to critical activities occurring at the same time. A. The Department will not grant a time extension or additional compensation for the period of time that a non -excusable delay is concurrent with an excusable delay. B. The Department may grant time but no compensation for the period of time that a non-compensable delay is concurrent with a compensable delay. Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial considerations, or other causes that could have been foreseen or prevented will be considered nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to the Contractor due to some unusual market condition caused by industry -wide strike, national disaster, area -wide shortage, or other reasons beyond the control of the Contractor which prevent procurement of materials or fuel within the allowable contract time limits will be considered excusable delays. (d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was specified is not a valid reason for an extension of contract time. For time extension requests, the Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay and part two shall consist of the Contractor's delay documentation and supporting analysis. Part 1: The Contractor shall provide the written notice of delay within seven days of the delay occurrence. The notice shall describe the delay and include documentation substantiating the nature and cause of the delay. Failure to submit the written notice constitutes a waiver of entitlement to additional time or compensation. Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include all documentation needed to support the time extension request. In order to request additional contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule analysis in accordance with subsection 108.03. The schedule analysis shall show that the delayed activity or activities were on the critical path or became critical due to the delay. April 30, 2015 2 REVISION OF SECTION 108 DELAY AND EXTENSION OF CONTRACT TIME The Engineer will base a determination of an allowable contract time extension on: (1) The current Schedule in effect at the time of the alleged delay; (2) The supporting documentation submitted by the Contractor; (3) The contemporaneous schedule analysis; and (4) Any other relevant information available to the Engineer. For a time extension request resulting from a change order, the Contractor shall demonstrate the delay to the project completion date by: (1) Inserting a fragnet containing the change order activities into an unprogressed copy of the schedule that is current at the time of the change order; (2) tying the fragnet into the schedule logic; and (3) Recalculating the schedule. The Department will not consider delays to activities which do not affect the performance period of the Contract as a basis for a Contract time extension. If the Engineer grants a contract time extension, the revised Contract Completion date will be in effect as though it were the original contract date. A Contractor's failure to have an approved, or approved with comments, current project schedule in place will preclude the Department from considering a Contractor's a time extension request. October 29, 2015 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09, delete the Schedule of Liquidated Damages and replace with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 150,000 500 150,000 500,000 1,000 500,000 1,000,000 1,600 1,000,000 2,000,000 2,300 2,000,000 4,000,000 4,100 4,000,000 10,000,000 5,800 10,000,000 ---- 7,000 July 31, 2014 REVISION OF SECTION 108 NOTICE TO PROCEED Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.02 and replace with the following: 108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to Proceed. The "Notice to Proceed" will stipulate the date on which contract time commences. When the Contractor proceeds with work prior to that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or prior to the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. July 31, 2014 1 REVISION OF SECTION 108 PROJECT SCHEDULE Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.03 and replace with the following: 108.03 Project Schedule. (a) Definitions. Activity. An activity is a project element on a schedule that affects completion of the project. An activity has a description, start date, finish date, duration, and one or more logic ties. Activity ID. A unique, alphanumeric, identification code assigned to an activity and remains constant throughout the project. Bar Chart. A simple depiction of a Project Schedule without relationships or supporting logic of the schedule. Calendar. Defined work periods and no work periods that determine when project activities can occur. Multiple calendars may be used for different activities; e.g., a 5 -day work -week and a 7 -day work -week calendar. Constraint. A restriction imposed in a schedule, which fixes a value that would otherwise be calculated within the schedule. Examples of values that can be fixed by a constraint include start date, end date, and completion date. Critical Path. The sequence of activities that determines the duration of the project. Critical Path Method Scheduling. (CPM Scheduling) is a logic -based planning technique using activity durations and relationships between activities to calculate a schedule determining the minimum total project duration. Data Date. The starting point from which to schedule all remaining work. Duration. The estimated amount of time needed to complete an activity. Float. The amount of time between the earliest date an activity can start and the latest date when an activity must start ,or the earliest date an activity can finish and latest date when an activity can finish before the activity becomes critical. The time between the Project Schedule completion date and the Contract completion date is not considered float. Gantt Chart. A time -scaled graphical display of the project's schedule. Lag. A time -value assigned to a relationship. Logic. Relationships between activities defining the sequence of work (See also predecessor activity and successor activity). Milestone. An activity, with no duration used to represent an event. Open -Ended Activity. An activity that does not have both a predecessor activity and a successor activity. Predecessor Activity. An activity that is defined by schedule logic to precede another activity. Relationship. The interdependence between activities. Salient Feature. An item of work that is of special interest for CDOT in coordinating the project schedule but may not affect the overall completion of the project. July 31, 2014 2 REVISION OF SECTION 108 PROJECT SCHEDULE Successor Activity. An activity that is defined by schedule logic to follow another activity. Time -Scaled Logic Diagram. Gantt chart that illustrates logic links depicting both schedule logic and the time at which activities are performed. (b) Project Schedule - General The Contractor shall use either Microsoft Project or Primavera Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Prior to, or at the Pre - construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. The Department will not allow use of bar charts for the Project Schedule. The Contractor shall submit schedules for approval by the Engineer. The purpose of these schedules is to allow the Contractor and the Department to jointly manage the work and evaluate progress. The schedules also serve to evaluate the affect of changes and delays to the scheduled project completion. Either party may require a formal schedule review meeting. The Contractor's schedule shall consist of a time -scaled logic diagram and shall show the logical progression of all activities required to complete the work. The Contractor shall use activity descriptions that ensure the work is easily identifiable. The Contractor shall show the no -work days in the schedule calendars. The Contractor shall use durations for individual construction activities that do not exceed 15 calendar days unless approved by the Engineer. The Contractor may group a series of activities with an aggregate duration of five days or less into a single activity. Non -construction activities may have durations exceeding 15 working days, as approved by the Engineer. The Contractor may include summary bars in the schedule as long as the detailed activities to complete the work are displayed. The Contractor shall not use the following: (1) Negative lags (2) Lags in excess of 10 working days without approval by the Engineer. The Contractor's written request shall justify the need for the lag. Lags shall be identified. (3) Start -to -finish relationships. (4) Open-ended activities - every activity shall have at least one predecessor activity and at least one successor activity, except for the first and last activities in the network. If the contractor uses a start -to - start relationship to link two activities, then both of those two activities should also have successor activities linked by either a finish -to -start or a finish -to -finish relationship. (5) Constraints without approval by the Engineer. The Contractor's written request shall explain why the use of constraints in the schedule is necessary. The Project Schedule shall show all activities required by all parties to complete the work. The Project Schedule shall include subcontracted work, delivery dates for critical material, submittal and review periods, permits and governmental approvals, milestone requirements, utility work by others and no work periods. The Contractor, its subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. July 31, 2014 3 REVISION OF SECTION 108 PROJECT SCHEDULE Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less. The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1) Approved, no exceptions taken; (2) Approved -as -Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. Schedule Submittals. The Contractor shall include a time -scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time -scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activity Description Original Duration Total Float Early start date Early finish date Late start date* Late finish date* Actual Start date" Actual Finish date" Calendar used on the activity Activity Responsibility Remaining Duration^ Duration Percent Complete" Gantt chart (time -scaled logic diagram) *Required with the Preliminary and Baseline Schedule. ^Required with the Project Schedule Update and Schedule Revision. The Contractor shall include the following with all schedule submittals: (1) A Job Progress Narrative Report that includes the following: (i) A description of the work performed since the previous month's schedule update. (ii) A description of problems encountered or anticipated since the previous month's schedule submission. (iii) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. July 31, 2014 4 REVISION OF SECTION 108 PROJECT SCHEDULE (iv) The status of all pending items that could affect the schedule. (v) Explanations for milestones forecasted to occur late. (vi) Scheduled completion date status and any change from the previous month's submission. (vii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. (viii) Schedule Delays: 1. A description of current and anticipated delays including: Identification of the delayed activity or activities by Activity ID(s) and description(s). 2. Delay type with reference to the relevant specification subsection. 3. Delay cause or causes. 4. Effect of the delay on other activities, milestones, and completion dates. 5. Identification of the actions needed to avoid a potential or mitigate an actual delay. 6. A description of the critical path impact and effect on the scheduled completion date in the previous month's schedule update. (ix) A list of all added and deleted activities along with an explanation for the change. (x) All logic and duration changes along with an explanation for the change. (2) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (3) An Early Start report listing all activities, sorted by actual start/early start date. (4) A Float report listing all activities sorted in ascending order of available float. (5) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. (6) A listing of all non -work days. For all required schedule submittals, the Contractor shall submit two electronic copies on two compact disk, USB flash drive, or other media as directed by the Engineer. Electronic copies of CPM schedules shall be submitted both in the native schedule format and in "PDF" format. The Contractor shall also provide two printed copies of the CPM Schedule and all reports. Each schedule submittal shall be appropriately labeled as a Preliminary Schedule, Baseline Schedule, Project Schedule Update, or Schedule Revision. The title bar shall include the CDOT project number, subaccount, project name, contractor name, schedule data date. If an originally submitted schedule is revised during review, the title bar shall also include a revision number (REV1, REV2, etc.) and revision date. (d) Preliminary Schedule. Within 14 days of award of the Contract, the Contractor may submit a Preliminary Schedule showing all planned activities from the Notice to Proceed through the first 60 days of the project. If the Contractor elects not to submit a Preliminary Schedule, then the Contractor shall submit a complete Baseline Schedule within 14 days of award of the Contract, which will be subject to all requirements of a Baseline submittal. The Preliminary Schedule shall not show any progress and it will be approved by the Engineer before work can commence. The Preliminary Schedule shall be used as the basis for the Baseline Schedule. (e) Baseline Schedule. If the Contractor elects to submit a Preliminary Schedule, within 45 days of the award of Contract, the Contractor shall submit a Baseline Schedule that includes all work activities completed within Contract Time. The Contractor shall not show progress in the Baseline Schedule. Further partial payments will not be made beyond 60 days after the start of Contract Time unless the Baseline Schedule is approved. When approved, the Baseline Schedule shall become the Project Schedule. The Contractor shall use all information known by the Contractor at the time of bid submittal to develop the Baseline Schedule. July 31, 2014 5 REVISION OF SECTION 108 PROJECT SCHEDULE If the Contractor elects to submit a Baseline Schedule in lieu of a Preliminary Schedule, the Baseline Schedule shall be approved before work can commence. (f) Methods Statements. The Contractor shall submit a Methods Statement for each salient feature or as directed by the Engineer that describes all work necessary to complete the feature. The Contractor shall include the following information in the Methods Statement: (1) Salient feature name; (2) Responsibility for the salient feature work; (3) Planned work procedures; (4) The planned quantity of work per day for each salient feature using the same units of measure as the applicable pay item; (5) The anticipated labor force by labor type; (6) The number, types, and capacities of equipment planned for the work; (7) The planned time for the work including the number of work days per week, number of shifts per day, and the number of hours per shift. (g) Project Schedule Update. The Contractor shall submit a monthly update of the Project Schedule updated through the cut-off date for the monthly progress pay estimate, and a projection for completing all remaining activities. A schedule update may show a completion date that is different than the Contract completion date, after the baseline schedule is approved. Approval of this schedule shall not relieve the Contractor of its obligation to complete the work within the Contract Time. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule submittal. When approved, the Project Schedule Update will become the Project Schedule. The Engineer will not issue a monthly progress payment if the Engineer has not received the Project Schedule Update. The Engineer will not make monthly progress payments for the months following the Project Schedule Update submission until the Engineer approves the Project Schedule Update. When the project has a maintenance or landscape establishment period, the Engineer may waive the monthly update requirement. The Contractor shall submit a final Project Schedule Update that shows all work through the final acceptance date. (h) Weekly Planning Schedule. The Contractor shall submit, in writing, a Weekly Planning Schedule that shows the Contractor's and all Subcontractor's planned activities for a minimum of two weeks immediately following the date of submittal and actual days worked versus planned for the week prior to the date of submittal. This schedule shall include the description, duration and sequence of work activities and anticipated lane closures for the upcoming two weeks. The Weekly Planning Schedule may be a time -scaled logic diagram or other standard format as approved by the Engineer. subsection 108.03(c) Schedule Submittal requirements for reports do not apply to the Weekly Planning Schedule. (i) Schedule Revision. A Schedule Revision is required in the event of any major change to the work. Examples of major changes are: (1) Significant changes in logic or methods of construction or changes to the critical path; (2) Addition, deletion, or revision of activities required by contract modification order; (3) Approval of a Contractor submitted Value Engineering Change Proposal; (4) Delays in milestones or project completion; (5) Phasing revisions, or; (6) If the Engineer determines that the schedule does not reflect the actual work. July 31, 2014 6 REVISION OF SECTION 108 PROJECT SCHEDULE This revision shall include a description of the measures necessary to achieve completion of the work within the Contract Time. The Contractor may also need to submit revised Methods Statements. The Contractor shall provide a Schedule Revision within 10 days of written notification and shall include the diagrams and reports as described in subsection 108.03 (b) Schedule - General and (c) Schedule Submittals. In this case, the Contractor shall provide an explanation for a late scheduled completion date in the Job Progress Narrative Report included with the schedule. Once approved, the Schedule Revision becomes the Project Schedule. (1) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. January 31, 2013 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. May 5, 2011 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. February 3, 2011 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 17th paragraph and replace it with the following: Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the twenty-sixth paragraph and replace with the following: Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 inch to 6 inch 8 inch to 10 inch 4 years 2 years 1 year January 31, 2013 REVISION OF SECTION 109 PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following: Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. October 29, 2015 REVISION OF SECTION 109 SCALES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 11th paragraph and replace with the following: Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.govlpacificlaginspectionlscale-companies) as least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor or the Contractor may utilize commercial scales. May 12, 2016 1 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT Sections 202, 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 202.05, delete the third paragraph and replace with the following: (a) Removal of temporary pavement marking on final alignment. Temporary pavement marking paint on the approved final alignment shall be removed completely from the roadway surface at locations of permanent pavement markings as shown on the plans. The ground location shall be clean, dry and free of laitance, oil, dirt, grease, paint or other foreign contaminants prior to application of final pavement marking. The Contractor shall not remove more pavement marking paint than what can be replaced with permanent pavement marking during the same working day or working period. If an event occurs that precludes the contractor from completing the work during the placement of permanent marking, the Contractor shall halt the removal operation and raised flexible pavement markers shall be placed at locations that have been removed but not marked while the pavement is drying prior to the marking application. Marking application shall resume when pavement is dry and has had no moisture for a minimum of 24 hours. Raised flexible pavement markers shall be installed with one marker at 40 -foot centers. (b) Removal of temporary pavement marking on transitions. Removal of pavement marking paint on temporary transitional alignments shall be performed by grinding or water -blasting. The removal shall result in 100 percent removal of the paint and a wide swath of ground pavement surrounding the former location of the temporary paint. The width of the swath shall be as follows; the center of the swath shall be the location of the paint line: Width of Pavement Marking to be removed 8 inches > 8 inches Width of Swath 12 inches 15 inches Subsection 202.11 shall include the following: Removal of temporary pavement marking on transitions will be measured as the actual square feet of the swath constructed for the required width. Removal of pavement marking for the permanent alignment will be measured as the actual number of square feet removed. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal of Pavement Marking Removal of Pavement Marking (12 Inch) Removal of Pavement Marking (15 Inch) Pay Unit Square Foot Square Foot Square Foot Raised pavement markings shall be at the Contractor's expense. In subsection 627.04, delete the first paragraph and replace with the following: 627.04 Pavement Marking with Low Temperature Acrylic Paint and High Build Acrylic Paint. Striping shall be applied when the air and pavement temperatures are no less than 45 °F for waterborne and high -build paint, and 35°F for low temperature waterborne paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and clean, and free of all latent materials, in May 12, 2016 2 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT accordance with manufacturer recommendations. Weather conditions shall be conducive to satisfactory results. Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator. In subsection 627.04 delete the table and replace it with the following: Description Pavement Marking Paint Low Temp I High Build Alignment Lateral Deviation 2.0 inch per 200 foot Max Coverage Rate Sq. Ft. per Gallon 89-93 67-70 Thickness Mil 17-18 23-24 Width Inches Per Plans +/- 0.25 Per Plans +/- 0.25 Dry Time Minutes 5-10 7-12 Beads Application Rate, lbs./gal 7-8 9-10 Subsection 627.13 shall include the following: Pay Item Pay Unit Pavement Marking Paint (High Build) Gallon Pavement Marking Paint (Low Temperature) Gallon Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. All pavement marking materials shall be selected from the Department's Approved Products List (APL). Prior to start of work, a Certificate of Compliance (COC) for all pavement marking materials shall be submitted in accordance with subsection 106.13. (a) Color. The pavement marking paint, without drop -on beads, shall correspond following requirements: White - Federal Standard No. 595B-17925. The Yellowness Index (YI) of white shall not exceed 8.0 per ASTM E-313-10 initially. The color after drying shall be a flat -white, free from tint, and shall provide the maximum amount of opacity and visibility under both daylight and artificial light. Yellow - Materials for pavement markings shall meet the initial daytime chromaticity that fall within the box created by the following corner points: Initial Daytime Chromaticity Coordinates (Corner Points) 1 2 3 4 x 0.530 0.510 0.455 0.472 y 0.456 0.485 0.444 0.400 (b) Low Temperature Acrylic Waterborne Paint. Low Temperature Acrylic Waterborne Paint binder (nonvolatile portion of vehicle) shall be 100 percent XSR acrylic polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. May 12, 2016 3 REVISION OF SECTIONS 202, 627 AND 708 PAVEMENT MARKING PAINT (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. Low Temperature Acrylic Waterborne Paint, and High Build Acrylic Waterborne paint shall meet the following requirements: Performance Requirements: The paint shall be water resistant and shall show no softening or blistering. Table 708-1 LOW TEMPERATURE WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT Property White Yellow Test Method Nonvolatile portion of vehicle (white and yellow), % 43.0 (min) 43.0 (min) ASTM D 2205 Pigment Composition Percent by weight+ 60.0 60.0 ASTM D 4451 ASTM D 3723 Paint Titanium Dioxide Content, lb./gal 1.0 (min) ASTM D 5381 Properties of the Finished Paint Total Non-volatiles, (solids) % by weight 77.0 (min) 77.0 (min) FTMS 141C - Method 4053.1, ASTM D 2369, or ASTM D 4758 Density, lbs./gal 14.0-14.6 13.7-14.3 ASTM D 2205 Consistency (Viscosity) White and Yellow, Krebs - Stormer Units 85 -95 85-95 ASTM D 562 Freeze Thaw Stability Shall complete 5 or more test cycles successfully ASTM D 2243 Fineness of Grind, Cleanliness Rating B, minimum 3 3 ASTM D 1210 Scrub Resistance 800 800 ASTM D2486 Directional Reflectance: [15 mil Wet Film] 88 (min) 50 (min) ASTM E 1347 Dry Opacity (Contrast Ratio): [5 mil Wet Film] 0.95 (min) 0.95 (min) ASTM D 2805 *Percent by weight shall include percent of organic yellow pigment. July 19, 2012 1 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: 1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced, as necessary, to obtain the moisture content specified. This scarified layer shall then be compacted to the relative compaction specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. Claystone or soil -like non -durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. July 19, 2012 2 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1, A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following: 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved. The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction. In subsection 613.07, delete the 15th paragraph and replace with the following: Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1, A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used. 1 REVISION OF SECTIONS 206 AND 601 MATURITY METER AND CONCRETE FORM AND FALSEWORK REMOVAL Sections 206 and 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 206.03, delete the ninth paragraph and replace with the following: Backfill material shall riot be deposited against newly constructed masonry or concrete structures, until the concrete has developed a compressive strength of 0.8 f 'c, except in cases where the structures support lateral earth pressure. Concrete compressive strength for structures supporting lateral earth pressure shall conform to subsection 601.12 (o). Concrete compressive strength shall be determined by maturity meters. In subsection 601.09, delete (h) and replace with the following: (h) Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80f'c. Forms for columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has reached a compressive strength of at least 500 psi. Forms and supports for cast -in -place concrete box culverts (CBCs) shall not be removed until the concrete compressive strength exceeds 0.6 fc' for CBCs with spans up to and including 12 feet, and 0.67 f,' for CBCs with spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be removed until after all concrete has been placed in all spans and has attained a compressive strength of at least 0.80f'c. Concrete compressive strength shall be determined by maturity meters. At the pre -pour conference, the Contractor shall submit the location where maturity meters will be placed. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple maturity meters, the lowest compressive strength shall determine when the forms can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove forms. When field operations are controlled by maturity meters, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to have the required compressive strength. Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete has hardened. All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or hollow piers when no permanent access is available into the cells. When permanent access is provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned. December 18, 2015 2 REVISION OF SECTIONS 206 AND 601 MATURITY METER AND CONCRETE FORM AND FALSEWORK REMOVAL In subsection 60111, delete (e) and replace with the following: (e) Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80f'c. Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has attained a compressive strength of at least 0.80f c. Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of at least 0.80f c. Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to take its load slowly and evenly. Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has attained a compressive strength of at least 0.80f'c. Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete has attained a compressive strength of at least 0.80f'c. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80f'c. Falsework for cast -in -place prestressed portions of structures shall not be released until after the pre- stressing steel has been tensioned. Concrete compressive strength shall be determined by maturity meters. At the pre -pour conference, the Contractor shall submit the location that maturity meters will be placed. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid -span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple maturity meters, the lowest compressive strength shall determine when the falsework can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove falsework. Subsection 601.12 (I) shall include the following after the first paragraph: Concrete compressive strength shall be determined by maturity meters. Subsection 601.12 shall include the following: (o) Backfilling Structures that Support Lateral Earth Pressure. Concrete compressive strengths shall reach f'c before backfilling operations can begin with heavy equipment, such as skid -steers or self -powered riding compactors. Concrete compressive strengths shall reach 0.8 f'c before backfilling operations can begin with hand operated equipment. Concrete compressive strength shall be determined by maturity meters. December 18, 2015 3 REVISION OF SECTIONS 206 AND 601 MATURITY METER AND CONCRETE FORM AND FALSEWORK REMOVAL Delete subsections 601.13 (2) and 601.13 (3) and replace with the following: (2) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with CP 69. The Contractor shall provide the maturity meter and all necessary thermocouples, thermometers, wires and connectors. The Contractor shall place, protect and maintain the maturity meters and associated equipment. Locations where the maturity meters are placed shall be protected in the same manner as the rest of the structure. Subsection 601.17 shall include the following: (f) Maturity Meter Strength. When maturity meters are specified for determining strength for removing forms, removing false work, backfilling against structures or loading the structure, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69 prior to placement of concrete. If a maturity meter fails, is tampered with, is destroyed or was not placed, the following shall apply: The minimum curing time or waiting time for removing forms, removing false work, backfilling against structures or loading the structure shall be 28 days. The Contractor may choose at his own expense to core the structure represented by the maturity meter. Cores will be obtained and tested according to CP 65. Cores will be a minimum of 4 inches in diameter. A minimum of three cores in a two square foot area will be obtained. If the compressive strength of any one core differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two cores. If the compressive strength of more than one core differs from the average by more than 10 percent the average strength will be determined using all three compressive strengths of the cores. The average compressive strength of the cores shall be achieve the specified compressive strength of the structure. A structure may only be cored once. September 22, 2016 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 is hereby deleted from the Standard Specifications for this project and replaced with the following: DESCRIPTION 208.01 This work consists of constructing, installing, maintaining, and removing when required, Best Management Practices (BMPs) during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any State waters as defined in subsection 107.25, including wetlands. The Contractor shall coordinate the construction of temporary BMPs with the construction of permanent BMPs to assure economical, effective, and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin effecting completion of the action and pursue it to completion in a manner acceptable to the Engineer, and in accordance with the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) requirements. MATERIALS 208.02 Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion control materials shall be subject to the following approval process: Material Approval Process Notes: Erosion Bales (Weed Free) COC The Contractor shall provide a transit certificate number or a copy of the transit certificate as supplied from the producer. Silt Fence COC Silt Berm APL Erosion Log (Type 1 and 2) COC Silt Dikes COC Pre -fabricated Concrete Washout Structures (above ground) APL Pre -fabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type I, II and III) APL The material for BMPs shall conform to the following: (a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected and accepted them. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the Colorado Department of Agriculture, Weed Free Forage Program, 305 Interlocker Pkwy, Broomfield, CO 80021, Contact: Weed Free Forage Coordinator at (303) 869-9038. Also available at www.colorado.govlaglcsd. September 22, 2016 2 REVISION OF SECTION 208 EROSION CONTROL Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 2 inch by 2 inch nominal. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 42 inches. Wood posts shall be 1.5 inch by 1.5 inch nominal. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles Self -Supported Wire Fence Requirements Property Supported Geotextile Test Method Requirements Elongation <50% Grab Strength, lbs 90 minimum 124 minimum ASTM D 4632 Permittivity sec -1 0.05 0.05 ASTM D 4491 Minimum 70% Minimum 70% Ultraviolet Stability Strength Strength ASTM D 4355 Retained Retained Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum length of 66 inches. Metal posts shall be "studded tee" with .095 inch minimum wall thickness. Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge, with a maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties or nylon cable ties 12 inch O.C. at top, mid and bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12 gauge wire ties per post. Vinyl or rubber safety caps shall be installed on all T -post. (c) Temporary Berms. Temporary berms shall be constructed of compacted soil. (d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to section 506. Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08. (e) Silt Berm. Silt berm shall consist of an ultraviolet (UV) stabilized high -density polyethylene, shall be triangular in shape, and shall have the following dimensions: Width Height Weight Percent Open Area 6 - 11 inches 6 - 10 inches 0.3 - 1.4 lbs./sq. ft. 30 - 50% Securing spikes shall be10 to12 inch x 0.375 inch diameter (minimum). (f) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. (g) Sediment Trap. In constructing an excavated Sediment Trap, excavated soil may be used to construct the dam embankment, provided the soil meets the requirements of subsection 203.03. Outlet protection riprap shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall be a minimum Class 1, conforming to subsection 712.08. September 22, 2016 3 REVISION OF SECTION 208 EROSION CONTROL (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre -manufactured. The geotextile bag shall consist of material with openings of 1/8 to 3/8 inches of HDPE or polypropylene mesh (knitted, not extruded), and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Tabie208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Type 1 (Inches) Diameter Type 2 (Inches) Length (feet) Weight (minimum) (pounds/foot) Stake Dimensions (Inches) Min. Max. 9 8 10 180 1.6 1.5 by 1.5 (nominal) by 18 12 12 10 180 2.5 1.5 by 1.5(nominal) by 24 20 18 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. (i) Silt Dikes. Silt dikes shall be pre -manufactured triangular shaped urethane foam covered with a woven geotextile fabric. The fabric aprons shall extend a minimum of two feet beyond each side of the triangle. Each silt dike shall have the following dimensions: Dimension Length Center height 8 to 10 inches Base 16 to 21 inches Section length 3 to 7 feet Section width including fabric extensions 5.6 feet Staples shall be 6 gauge and at least 8 inches long. Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement and construction equipment cleaning operations. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. 0) A pre -fabricated concrete washout structure shall only be used when specified in the Contract. It shall consist of a watertight container designed to contain liquid and solid waste from concrete washout. September 22, 2016 4 REVISION OF SECTION 208 EROSION CONTROL (k) Vehicle Tracking Pad. Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least two fractured faces that meets the following gradation requirements: Sieve size 75 mm (3 inch) 50 mm (2 inch) 19.0 mm (% inch) Percent by weight Passing Square Mesh Sieves 100 0-25 0-15 Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion Control Geotextile shall be Class 2 and conform to the requirements of subsection 712.08. Pre -fabricated vehicle tracking pads if specified in the Contract shall have the following properties. Minimum overall dimensions of the modular systems shall be: Width of pad along edge of roadway 14 feet Length of pad 30 feet Weight (min.) (lbs./sq. ft.) 8 Crush strength (min.) (psi) 400 (1) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: Diameter (inches) Weight (minimum) (pounds per foot) 6-8 10 12 6 10 15 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to subsection 703.09, Table 703-7 for Class C. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab Tensile Strength 90 lbs. min. ASTM D 4632 Trapezoid Tear Strength 25 lbs. min. ASTM D 4533 Mullen Burst 300 psi ASTM D 3786 Ultraviolet Resistance 70% ASTM D 4355 (m) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: September 22, 2016 5 REVISION OF SECTION 208 EROSION CONTROL Storm Drain Inlet Protection Properties Protection Types 'Type I Type II 3Type III Diameter 4 in. 4 in. N/A Minimum Section Length 7 ft. 5 ft. 5 ft. Apron Insert 30 in. or sized to grate 30 in or sized to grate 'Type I protection shall be used with Inlet Type R. 2Type II protection shall be used with Combination Inlet. Option A or B 3Type III protection Inlet Vane Grate only. Option A or B The storm drain inlet protection (Type I, II and III) shall consist of a woven geotextile fabric with the following properties: Property Test Method Unit Requirement Grab tensile strength ASTM D 4632 lbs. minimum 350X280 Mullen Burst Strength ASTM D 3786 lbs. 600 Trapezoid Tear Strength ASTM D 4533 lbs. minimum 110X95 Percent Open Area COE-22125-86 % 28 Water Flow Rate ASTM D 4491 gal.t. sq 250 Ultraviolet Resistance ASTM D 4355 % 70 Curb roll for storm drain inlet protection (Type I and II) shall have an approximate weight of 7 to 10 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming to Table 703-7 for Class C. Storm drain inlet protection (Type III) shall have insert containment (option A) or insert without storage capacity (option B). CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Transportation Erosion Control Supervisor. Prior to construction, an on -site Environmental Pre -construction Conference shall be held. The conference shall be attended by: (1) The Engineer, (2) The Superintendent, (3) The Contractor's SWMP Administrator (4) Supervisors or Foremen of subcontractors working on the project, (5) The Region Water Pollution Control Manager (RWPCM), and September 22, 2016 6 REVISION OF SECTION 208 EROSION CONTROL (6) CDOT personnel (e.g., CDOT Landscape Architect) who prepared or reviewed the Stormwater Management Plan (SWMP). At this conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Prior to beginning construction the Contractor shall evaluate the project site for storm water draining into or through the site. When such drainage is identified, BMPs (i.e., Control Measures) shall be used if possible to divert stormwater from running on -site and becoming contaminated with sediment or other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and adequate BMPs shall be employed. The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, BMPs shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented BMP added to the SWMP site map. Prior to construction, the Contractor shall implement appropriate BMPs for protection of wetlands, sensitive habitat and existing vegetation from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in subsection 208.03(b). When additional BMPs are required and approved by the Engineer, the Contractor shall implement the additional BMPs and the SWMP Administrator shall record and describe them on the SWMP site map. The approved BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. (a) Project Review. The Contractor may submit modifications to the Contract's BMPs in a written proposal to the Engineer. The written proposal shall include the following information: Reasons for changing the BMPs. Diagrams showing details and locations of all proposed changes. List of appropriate pay items indicating new and revised quantities. Schedules for accomplishing all erosion and sediment control work. Effects on permits or certifications caused by the proposed changes. The Engineer will approve or reject the written proposal in writing within 5 working days after the submittal. The Engineer may require additional control measures prior to approving the proposed modifications. Additional modifications and additional BMPs will be paid for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid for as extra work in accordance with subsection 109.04. (b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and grubbing, earthwork operations, and construction of temporary and permanent erosion control features and stabilization. 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. If necessary, the SWMP Administrator shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. Erosion Control Management (ECM). Erosion Control Management for this project shall consist of Erosion Control Inspection and the Administration of the Stormwater Management Plan (SWMP). 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 and the Stormwater Administrator may be the same person in projects involving less than 40 acres of disturbed area. (c) September 22, 2016 7 REVISION OF SECTION 208 EROSION CONTROL 1. Stormwater Management Plan (SWMP) Administration. The SWMP Plan shall be maintained by a SWMP Administrator. The SWMP Administrator shall have completed the TECS certification training as provided by the Department. In the case of a project requiring only one TECS, the SWMP Administrator may also be the Erosion Control Inspector for the project. The name of the SWMP Administrator shall be recorded on SWMP Plan Section 3. B. The SWMP Administrator shall have full responsibility to maintain and update the SWMP Plan and identify to the Superintendent critical action items needed to conform to the CDPS-SCP as follows: (1) Complete the SWMP Notebook as described in subsection 208.03 (d). (2) Participate in the Environmental Pre -construction Conference (3) Attend weekly meetings (4) Attend all Headquarter and Region water quality control inspections. The Contractor and the Contractor's SWMP Administrator will be notified a minimum of five days in advance of each inspection by the CDOT region or headquarter water quality staff. (5) Coordinate with the Superintendent to implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. (6) Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install, maintain, and remove BMPs are available as needed. (7) During construction, update and record the following items on the SWMP site map as changes occur: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD) (iii) Limits of Disturbance (LDA) (iv) Limits of cut and fill. (v) Areas used for storage of construction materials, equipment, soils, or wastes. (vi) Location of any dedicated asphalt or concrete batch plants. (vii) Location of construction offices and staging areas. (viii) Location of work access routes during construction. (ix) Location of borrow and waste. (x) Location of temporary, interim and permanent stabilization. (xi) Location of outfall(s) (xii) Arrows showing direction of surface flow (xiii) Structural and non-structural BMPs (xiv) LDA and LOC lines as defined in subsection 107.25 (8) Amend the SWMP whenever there are: additions, deletions, or changes to BMPs. SWMP revisions shall be recorded immediately. Items shall be dated and initialed by the SWMP Administrator. Specifically, amendments shall include the following: (i) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised BMPs: or (ii) Changes when the SWMP proves to be ineffective in achieving the general objectives of September 22, 2016 8 REVISION OF SECTION 208 EROSION CONTROL controlling pollutants in stormwater discharges associated with construction activity. (iii) Changes when BMPs are no longer necessary and are removed. (9) Complete vegetative survey transects when required in accordance with CDOT Erosion Control and Stormwater Quality Guide. (10) Start a new site map before the current one becomes illegible. All site maps shall remain in the SWMP notebook. (11) Document all inspection and maintenance activities. The SWMP and documentation shall be kept on the project site. (12) When adding or revising BMPs on the SWMP, add a narrative explaining what, when, where, why, and how the BMP is being used, and add a detail to the SWMP notebook. (i) How to install and inspect the BMP (ii) Where to install the BMP (iii) When to maintain the BMP (13)If using existing topography, vegetation, etc. as a BMP, label it as such on the SWMP site map: add a narrative as to when, where, why, and how the BMP is being used. (14)Indicate BMPS in use or not in use by recording on Standard Plans M-208-1, M-216-1, and M-615-1 in the SWMP notebook (15)Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts. (16)Update the potential pollutants list in the SWMP notebook and Spill Response Plan throughout construction. 2. Erosion Control Inspection. Erosion control inspection shall be performed by TECS certified staff assigned as Erosion Control Inspector (ECI) to the project. 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. ECI duties shall be as follows: (1) Coordinate with the SWMP Administrator on reporting the results of inspections (2) Review the construction site for compliance with the Stormwater Construction Permit. (3) Inspect with the Superintendent and the Engineer (or their designated representatives) the stormwater management system at least every seven calendar days. Post storm event inspections shall be conducted within 24 hours after the end of any precipitation or snow melt event that may cause surface erosion. If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to commencing construction activities, but no later than 72 hours following the storm event. The occurrence of delay in inspections shall be documented in the inspection report. Form 1176 shall be used for all 7 day inspections and inspections following storm events. The Contractor shall notify the Erosion control inspector when a storm event occurs. Failure to perform inspections on time will result in liquidated damages in accordance with subsection 208.09. September 22, 2016 9 REVISION OF SECTION 208 EROSION CONTROL Inspections are not required at sites when construction activities are temporarily halted, when snow cover exists over the entire site and melting conditions do not pose a risk of surface erosion. This exception shall be applicable only during the period where melting conditions do not exist, and applies to the routine 7 day, Headquarters and Region inspections, as well as the post -storm event inspections. The following information shall be documented on Form 1176 for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. The order of precedence for required inspections shall be as follows: (i) Headquarter water quality inspections (ii) Region water quality inspections (iii) Post -storm event inspections (iv) 7 day inspections When one of the listed inspections is performed, the inspections listed below it need not be performed on that day if the required CDOT and Contractor personnel participated in the inspection. For example: A 7 day inspection is not required on the same day a headquarters or Region inspection is conducted. A sheet shall be placed in the inspections area of the SWMP Notebook to refer to the date inspection performed. (4) Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement has been made. (5) The ECI shall immediately report to the Contractor's Superintendent and the SWMP Administrator 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) Upset conditions that occur on site. (6) Spills, leaks, or overflows that result in the discharge of pollutants shall be documented on the Form 1176 by the [CI. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the CDOT field office during construction: 1. SWMP Notebook. The Engineer will provide a SWMP Notebook at the Preconstruction Conference, which is and shall remain the property of CDOT. CDOT will initially provide the documentation for the first four items when available. The Contractor shall provide the contents required for items (5) through (18). The notebook shall be stored in the CDOT field office or at another on -site location approved by the Engineer. The SWMP Administrator shall modify and update the notebook as needed to reflect actual site conditions, prior to or as soon as practicable but in no case more than 72 hours after the change. The following Contract documents and reports shall be kept, maintained, and updated in the notebook under September 22, 2016 10 REVISION OF SECTION 208 EROSION CONTROL the appropriate items by the SWMP Administrator: (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) Site Map 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. (3) Specifications - Standard and Project special provisions related to Stormwater and Erosion Control. (4) Standard Plans M-208-1, M-216-1 and M-615-1 (5) BMP Details not in Standard Plan M-208-1 - Non-standard details. (6) Weekly meeting sign in sheet. (7) Calendar of Inspections -Calendar of inspections marking when all inspections take place. (8) Form 1176 - Weekly meeting notes and inspection report (9) Region and Headquarter Water Quality Reports and Form 105(s) relating to Water Quality. (10) Description of Inspection and Maintenance Methods - Description of inspection and maintenance methods implemented at the site to maintain all BMPs identified in the SWMP and Items not addressed in the design (11) Spill Response Plan - Reports of reportable spills submitted to CDPHE (12) List and Evaluation of Potential Pollutants - List of potential pollutants as described in subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts. (13) Other Correspondence e.g., agreements with other MS4s, approved deferral request, CDPHE audit documentation, Water Quality Permit Transfer to Maintenance Punch List and other miscellaneous documentation. (14) TECS Certifications of the SWMP Administrator and all ECIs, keep current through the life of the project. (15) Environmental Pre -construction Conference - Conference agenda with a certification of understanding of the terms and conditions of the CDPS-SCP and SWMP. The certification shall be signed by all attendees. A certification shall also be signed by all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Environmental Pre -construction Conference has been held. (16) All Project Environmental Permits -All project environmental permits and associated applications and certifications, including, CDPS-SCP, Senate Bill 40, USACE 404,temporary stream crossings, dewatering, biological opinions and all other permits applicable to the project, including any separate CDPS-SCP obtained by the Contractor for staging area on private property, asphalt or concrete plant, etc. (17) Photographs Documenting Existing Vegetation - Project photographs shall be time stamped on paper with a maximum of four colored images per 8 1/2 inch by 11 inch sheet and/or a digital copy of all photographs on CD-ROM/Flash Drive in (JPG format), documenting existing vegetation prior to construction commencing. On the bottom of each photograph shall be a description using Station September 22, 2016 11 REVISION OF SECTION 208 EROSION CONTROL Number or Mile Post of where the photograph was taken. (18) Permanent Water Quality Plan Sheets - Plan sheets and specifications for permanent water quality structures, riprap. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. The SWMP Administrator shall finalize the SWMP for CDOT Maintenance use upon completion of the project. SWMP completeness shall be approved by the Engineer, corrections to the SWMP shall be at the Contractor's expense. The following Reference materials shall be used: (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings. The Engineer, Superintendent and the SWMP Administrator shall conduct a weekly meeting with supervisors involved in construction activities that could adversely affect water quality. The meeting shall follow an agenda prepared by the Engineer or a designated representative, and have a sign in sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of water quality comments and action items at each weekly meeting, and place the agenda and sign in sheet in the SWMP notebook. At this meeting the following shall be discussed and documented on Form 1176: (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 effect stormwater in order to proactively phase BMPs. (6) Recalcitrant inspection findings All subcontractors who were not in attendance at the Environment Pre -construction conference shall be briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to start of work. The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of attendees, and added the SWMP Notebook. 208.04 Best Management Practices (BMPs) for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all BMPs implemented at the site to control potential sediment discharges. Vehicle tracking control shall be used at all vehicle and equipment exit points from the site to prevent sediment exiting the Limits of Construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking control pad locations on the SWMP site map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system in accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction shall include, but shall not be limited to: excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be contained or protected by an approved BMP at a pre -approved containment area. The concrete shall be picked up and recycled in accordance with 6 CCR 1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as directed. The uses of recycled concrete from approved recycling facilities shall be in accordance with Section 203. September 22, 2016 12 REVISION OF SECTION 208 EROSION CONTROL (a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment BMPs for correcting conditions unforeseen during the design of the project, or for emergency situations, that develop during construction. The Department's "Erosion Control and Stormwater Quality Guide" shall be used as a reference document for the purpose of designing erosion and sediment BMPs. Measures and methods proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation. (b) Other Agencies. If CDPHE, US Army Corps of Engineers (USACE), or the Environmental Protection Agency (EPA) reviews the project site and requires additional measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. If the work may negatively affect another MS4, the Contractor shall cease and desist activities resulting in the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures.. Implementation of these additional measures will be paid for at contract unit price. Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside CDOT ROW and outside easements acquired by CDOT for construction, are the responsibility of the Contractor. These areas may be subject to a separate CDPS-SCP or other permits. The Contractor shall acquire these permits and submit copies to the Engineer prior to any disturbance. These permits, shall be acquired and all erosion and sediment control work performed at the Contractor's expense. These areas are subject to inspections by CDOT or any other agency, as agreed upon in writing. (d) Construction Implementation. The Contractor shall incorporate BMPs into the project as outlined in the accepted schedule. (c) (e) Stabilization. Once earthwork has started, the Contractor shall continue erosion BMPs until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or replace sections of earthwork at his expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: (1) Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation and/or underlying soil of a site, such as clearing, grading, road bed preparation, soil compaction, and movement and stockpiling of top soils. Other stabilization measures may be implemented, as approved. The maximum area of temporary stabilization shall not exceed 20 acres. (2) Interim Stabilization. Stockpiles and disturbed areas as soon as known with reasonable certainty that work will be temporarily halted for 14 days or more shall be stabilized using one or more of the specified following methods: (i) Application of 1.5 tons of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. (ii) Placement of bonded fiber matrix in accordance with Section 213. (iii) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. (iv) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride and Sodium Chloride, or other salt products, will not be permitted as a stabilization method. Protection of the interim stabilization method is required. Reapplication may be required as approved. (3) Summer and Winter Stabilization. Summer and winter stabilization is defined as months when seeding will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of September 22, 2016 13 REVISION OF SECTION 208 EROSION CONTROL interim stabilization may be required as directed. (4) Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with seeding, mulching with tackifier, soil retention coverings, and such non -erodible methods such riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved in writing by the Engineer. Permanent stabilization shall begin within 48 hours after topsoil placement, soil conditioning, or combination thereof starts and shall be pursued to completion. (5) Final Stabilization. Final stabilization is defined as when all ground disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent physical erosion reduction methods have been employed. Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP as BMPs for stormwater pollution prevention shall be maintained in effective operating condition until the CDPS-SCP has been transferred to CDOT. 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. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain BMPs shall be paid at the contactors expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures, to assess the adequacy of BMPs at the site and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs shall be installed to ensure continuous effectiveness. When identified, BMPs shall be maintained, added, modified or replaced as soon as possible, immediately in most cases. Approved new or replaced BMPs will be measured and paid for in accordance with subsections 208.11 and 208.12. Devices damaged due to the Contractor's negligence shall be replaced at Contractor's expense. From the time seeding and mulching work begins until the date the Contract work is accepted, the Contractor shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately restored. Damage to seeded areas or to mulch materials due to Contractor negligence shall be immediately restored at the Contractor's expense. Restoration of other damaged areas will be measured and paid for under the appropriate bid item. Temporary BMPs may be removed upon completion of the project, as determined by the Water Quality Partial Acceptance walk-through. If removed, the area in which these BMPs were constructed shall be returned to a condition similar to that which existed prior to its disturbance. Removed BMPs shall become the property of the Contractor. If a project delay occurs, the Contractor shall be responsible to continue erosion and sediment control operations beyond the original contract time. Sediment removed during maintenance of BMPs and material from street sweeping may be used in or on embankment, provided it meets conditions of Section 203 and is distributed evenly across the embankment. Whenever sediment collects on the paved surface, the surface shall be cleaned. Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick broom will not be allowed. September 22, 2016 14 REVISION OF SECTION 208 EROSION CONTROL Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations using a vacuum. A BMP, such as a berm, shall be placed to contain slurry from joint flushing operations until the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable BMPs shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with subsection 107.25(b) 13. Material containment and removal will not be paid for separately, but shall be included in the work. 208.05 Construction of BMPs. BMPs shall be constructed in accordance with Standard Plans M-208-1, M-216- 1 and with the following. (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. (c) Silt Fence. Silt fence shall be installed in locations specified in the Contract prior to any grubbing or grading activity. (d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract, and graded to drain to a designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. (g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms shall be installed on top of soil retention blanket. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. (i) Riprap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1 foot minimum. Riprap size shall be as shown on the plans. (j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from Type II and III containment area when it is more than a maximum one third full of sediment, or as directed. The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. September 22, 2016 15 REVISION OF SECTION 208 EROSION CONTROL (k) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the potential of pollutants leaving the project site. Locations shall be as shown on the plans or as directed. Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations where runoff from disturbed area can be diverted into the trap. The area under the embankment shall be cleared, grubbed and stripped of any vegetation and roots. Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and other objectionable material. Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the trap and shall be disposed of in accordance with subsection 208.04(f). (I) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded to a minimum depth of 12 inches. At the discretion of the Engineer, a shallower depth may be permitted if rock is encountered. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. (m) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. (n) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on the plans or be used in accordance with manufacturer's recommendations. Work on this structure shall not begin until written acceptance is provided by the Engineer. Concrete washout structure shall conform to standard plan M-208-1 and shall meet the following requirements: (1) Structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout and disposal locations. (3) The site shall be located a minimum of 50 horizontal feet from State waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4) The site shall be signed as "Concrete Washout". (5) The site shall be accessible to appropriate vehicles. (6) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation events. (7) The Contractor shall prevent tracking of washout material out of the washout structure. (8) Solvents, flocculents, and acid shall not be added to wash water. (9) The structure shall be surrounded on three sides by a compacted berm. (10) The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (11) Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. September 22, 2016 16 REVISION OF SECTION 208 EROSION CONTROL Pre -fabricated concrete washout structures shall meet the following requirements: (1) Structure shall contain all washout water. (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 delineated with orange plastic fence or other means and signed as "Concrete Washout". (3) The site shall be accessible to appropriate vehicles. (4) Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (5) Solvents, flocculants, and acid shall not be added to wash water. (6) Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. (7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved. (8) The concrete washout structure shall be completed and ready for use prior to concrete placement operations. (9) Washout areas shall be checked and maintained as required. On site permanent disposal of concrete washout waste is not allowed. All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. (0) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall be completed before any disturbance of the area. The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project. The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the Engineer. Additional aggregate may be required for maintenance and will be paid for under Pay Item, Maintenance Aggregate (Vehicle Tracking Pad). Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary BMPs if all the following conditions are met: (1) The pond is designated as a construction BMP in the SWMP. (p) (2) The pond outfall and outlet are designed and implemented for use as a BMP during construction in accordance with good engineering, hydrologic, and pollution control practices. The stormwater discharges from the outfall shall not cause degradation or pollution of State waters, and shall have BMPs, as appropriate. (3) All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance (q) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of pavement, grass or gravel. Aggregate bags shall be placed to conform to the surface without gaps. Discharge water shall not cause September 22, 2016 17 REVISION OF SECTION 208 EROSION CONTROL erosion. (r) Surface Roughening. Surface roughening creates horizontal grooves along the contour of the slope. Roughening may be accomplished by furrowing, scarifying, ripping or disking the soil surface to create a 2 to 4 inch minimum variation in soil surface. Surface roughening will not be paid for separately, but shall be included in the work. (s) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily rock need not be tracked. Vertical tracking will not be paid for separately, but shall be included in the work. 208.06 Materials Handling and Spill Prevention. The SWMPAdministrator shall clearly describe and record on the SW MP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill Response Plan in place as specified in subsections 107.25(b) 6 or 208.06(c). Construction equipment, fuels, lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within approved designated areas. (a) Bulk Storage Structures. Bulk storage structures for petroleum products and other chemicals shall have impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. Secondary containment shall be capable of containing the combined volume of all the storage containers plus at least 10 percent freeboard. For secondary containment that is used and may result in accumulation of stormwater within the containment, a plan shall be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be contaminated (e.g., has an unusual odor or sheen). (b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks shall be performed at the Contractor's expense. Spill Response Plan. A spill Response Plan shall be developed and implemented to establish operating procedures for handling potential pollutants and preventing spills. The Response Plan shall contain the following information: (1) Identification and contact information of each Spill Response Coordinator (2) Locations of areas on project site where equipment fueling and servicing operations are permitted. (3) Location of cleanup kits. (4) Quantities of chemicals and locations stored on site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. (6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or ground water. (7) Procedures for spills of any size that enter surface waters or ground water, or have the potential to do so. CDOT's Erosion Control and Stormwater Quality Guide contains Spill notification contacts and (c) September 22, 2016 18 REVISION OF SECTION 208 EROSION CONTROL phone numbers required in the Spill Response Plan. (8) A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP Notebook when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters, and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable BMPs at the toe (or within 20 feet of the toe) throughout construction. BMPs shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. 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 soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the CDPS_SCP application and indicate changes to locations and quantities on the SWMP. The Contractor shall report the changes and additional disturbances to the Engineer, Water Quality Control Division of CDPHE and all other involved agencies. The Contractor shall pursue and stabilize all disturbances to completion. 208.09 Failure to Perform Erosion Control. Failure to implement the Stormwater Management Plan is a violation of the CDPS - 5CP and CDOT specifications. CDOT is obligated to implement enforcement mechanisms in accordance with CDOT's M54 Permit COS000005 for Stormwater Management and erosion control Best Management Practices. 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 Permit. All fines assessed to the Department for the Contractor's failure to implement the SWMP will be deducted from moneys due the Contractor in accordance with subsection 107.25(c) 2. 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 the CDPS-SCP and these specifications, including the following: (1) Failure to include erosion control in the project schedule or failure to include erosion control in each schedule update as specified in subsection 208.03(b). (2) Failure of the Contractor to perform the inspections required by subsection 208.03(c) 2. (3) Failure of the Contractor to implement necessary actions required by the Engineer as required by subsection 208.03(c). (4) Failure to amend the SWMP and implement BMPs as required by subsection 208.04. (5) Failure to keep documentation and records current. (6) 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 approved schedule as required by subsection 208.06(c). (7) Failure to limit temporary stabilization to 20 or fewer acres as required by subsection 208.04 (e). September 22, 2016 19 REVISION OF SECTION 208 EROSION CONTROL (8) (9) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer or from a water quality inspection as required by subsection 208.04(f). Failure to remove and dispose of sediment from BMPs as required. (10) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (11) Failure to perform stabilization as required by subsection 208.04 (e). (12) Failure of the Superintendent or designated representative to attend inspections as required by subsection 208.03(c) and record findings in the appropriate form. (13) Failure to prevent discharges not composed entirely of stormwater from leaving the Construction Site. (14) Failure to provide the survey of Permanent Water Quality BMPs when required on the project in accordance with 208.10. The Engineer will immediately notify the Contractor of each incident of failure to perform erosion control in accordance with the CDPS-SCP and these specifications, including items (1) through (14) above by issuing the Form 105. Correction shall be made as soon as possible but no later than 48 hours from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $970 for each day after the 48 hour period has expired, that one or more of the incidents of failure to perform the requirements for each Form 105 remains uncorrected. Liquidated damages will begin at Midnight of the date the 48 hours has expired. This deduction will not be considered a penalty, but will be considered liquidated damages based on estimated additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remain uncorrected. The number of days for which liquidated damages are assessed will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total number of days for which liquidated damages are accumulated on the project. The liquidated damages will be deducted from any monies due the Contractor. If all other failures are not corrected within 48 hours after liquidated damages have begun to be assessed, the Engineer will issue a Stop Work Order in accordance with subsection 105.01. Work shall not resume until the Engineer has approved a written corrective action plan submitted by the Contractor that includes measures to prevent future violations and a schedule for implementation. If the Contractor requires more than 96 hours to perform the corrective work from the date on the Form 105, the Contractor shall submit a request for deferment. The deferment request shall be in writing and shall include the specific failure, temporary measures until final correction is made, the methodology which will be employed to make the correction and interim milestones to completing the work. The Region Water Pollution Control Manager (RWPCM), Engineer, the SWMP Administrator and the Contractor shall concur on this deferral and set a proposed date of completion. If approved, the Contractor shall complete the corrective measures by Midnight of the proposed completion date. If corrective work is not corrected by the completion date the Engineer will issue a Stop Work Order. Liquidated Damages will apply retroactively back to the 48 hours after the 105 date of notification. Liquidated Damages will assessed until the corrective work has been completed and accepted. Deferment of work to correct failures to perform erosion control will not affect the Contractor's other contractual responsibilities, notifications for other non-compliance, nor the final completion date of the project. Liquidated Damages for other non-compliance notifications will continue to apply during the deferment period in addition to liquidated damages associated with the deferment. Based on the submittal date of the approved deferment Liquated Damages and a Stop Work Order may not be mandated to the Contractor. Disagreements regarding the suggested corrective action for a BMP compliance issue between the Project Engineer, SWMP Administrator, and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after the discussions, the Project Engineer and the Contractor are still in September 22, 2016 20 REVISION OF SECTION 208 EROSION CONTROL disagreement and feel that additional compensation is owed, the Contractor will follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in subsection 105.22. 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 CDPS-SCP and these specifications by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the cost from any moneys 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 CDPS-SCP compliance. If the Contractor remains non -responsive to requirements of the on -site meeting, the Engineer will start default or Contract termination procedures in accordance with subsections 108.09 and 108.10.CDOT will proceed with corrective or disciplinary action in accordance with the Rules for Prequalification, Debarment, Bidding and Work on Transportation, Road, Highway and Bridge Public Projects. When a failure meets any one of the following conditions, the Engineer will immediately issue a Stop Work Order in accordance with subsection 105.01 irrespective of any other available remedy: (1) It may endanger health or the environment. (2) It consists of a spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. (3) It consists of a discharge which may cause a violation of a water quality standards. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) Survey. When Permanent Water Quality BMPs (Permanent BMP) are required on the project, the Contractor shall survey the BMPs to confirm that they conform to the configuration and grade shown on the Plans. The survey shall conform to Section 625. The results of the survey shall be submitted as Microstation orAutoCad drawing files and PDF files, showing both designed and final elevations and configurations. Paper versions of the drawings shall be submitted with the stamp and seal of the Contractor's Surveyor. (c) The Engineer and the CDOT Hydraulics Engineer for the region will perform a walkthrough of the Permanent BMPs to confirm conformance to material requirements, locations and dimensions of the Permanent BMPs. Permanent BMPs not meeting the Contract requirements will be identified in writing by the Engineer, and shall be repaired or replaced at the Contractor's expense. Correction surveys shall be performed at the Contractor's expense to confirm the locations and dimensions of each Permanent BMP. Final as -built plans of the Permanent BMPs shall be provided to the Engineer and the CDOT Region and Headquarter Permanent Water Quality Control Specialist for their records. 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. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of BMPS to remain on the project site. September 22, 2016 21 REVISION OF SECTION 208 EROSION CONTROL METHOD OF MEASUREMENT 208.11 Erosion Control Management will be measured as the actual number of days of ECM work performed onsite, regardless of the number of ECIs required, including erosion control inspections, documentation, meeting participation, SWMP Administration, and the preparation of the SWMP notebook. Erosion bales will be measured by the actual number installed and accepted. Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, rock check dams, temporary diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and accepted. Measured length will not include required overlap. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and accepted. Sediment trap quantities will be measured by the actual number installed and accepted. Removal of trash that is not generated by construction activities will be measured by the actual number of hours that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the Engineer a list of workers and the hours spent collecting such trash. Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. Vehicle tracking pads will be measured by the actual number constructed and accepted. Additional aggregate required for maintaining vehicle tracking pads will be measured as the actual number of cubic yards installed and accepted. BASIS OF PAYMENT 208.12 ECM and BMPs will be paid for at the Contract unit price for each of the items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Aggregate Bag Linear Foot Concrete Washout Structure Each Erosion Bales (Weed Free) Each Erosion Control Management Day Erosion Log (Type 1) (__ Inch) Linear Foot Erosion Log (Type 2) (___Inch) Linear Foot Pre -Fabricated Concrete Washout Structure Each Pre -Fabricated Vehicle Tracking Pad Each Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard Removal and Disposal of Sediment (Equipment) Hour Removal and Disposal of Sediment (Labor) Hour Removal of Trash Hour Rock Check Dam Each Sediment Basin Each Sediment Trap Each Silt Berm Linear Foot Silt Dike Linear Foot Silt Fence Linear Foot September 22, 2016 22 REVISION OF SECTION 208 EROSION CONTROL Silt Fence (Reinforced) Storm Drain Inlet Protection (Type_) Storm Drain Inlet Protection (Type_) Sweeping (Sediment Removal) Temporary Berm Temporary Diversion Temporary Slope Drains Vehicle Tracking Pad Linear Foot Linear Foot Each Hour Linear Foot Linear Foot Linear Foot Each Payment for Erosion Control Management (ECM) will be full compensation for all labor, materials and equipment necessary for the SWMP Administrator and Erosion Control Inspectors to perform all the work described in this specification. This includes assembling items 5-19 and required updates to the SWMP Notebook on site. The SWMP Administrator and ECI's commute times will not be measured and paid for separately, but shall be included in the work. Modifications to the SWMP Notebook due to construction errors or survey errors by the contractor shall be at the Contractor's expense. Temporary erosion control will be measured and paid for by the BMPs used. Surface roughening and vertical tracking will not be measured and paid for separately but shall be included in the work. Payment for each BMP item will be full compensation for all work and materials required to furnish, install, maintain and remove the BMP when directed. Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use of the labor. Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of these structures throughout the duration of the project will not be measured and paid for separately, but shall be included in the work. Silt berm spikes will not be measured and paid for separately, but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216.Silt dike staples will not be measured and paid for separately, but shall be included in the work. Spray -on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured and paid for in accordance with Section 213. Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately, but shall be included in the work. Sweeping, when used as a BMP as shown in the Contract, will be measured by the number of hours that a pickup broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment. Operator will not be measured and paid for separately, but shall be included in the work. September 22, 2016 23 REVISION OF SECTION 208 EROSION CONTROL Stakes, anchors, connections, geotextile, riprap and tie downs used for temporary slope drains will not be measured and paid for separately, but shall be included in the work. Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately, but shall be included in the work. If additional aggregate for maintenance of vehicle tracking pads is required, it will be measured by the cubic yard in accordance with Section 304 and will be paid for under this Section. Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212, 213, 216, and 506. Geotextile (Erosion Control) (Class 2) will be measured and paid for in accordance with Section 420. All work and materials required to perform the permanent BMP survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for BMPs replaced as approved by the Engineer. Temporary erosion and sediment BMPs required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be provided at the Contractor's expense. April 26, 2012 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination. Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. January 31, 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free -flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert Indianwheat) or pre -gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert Indianwheat): Property (1) pH 1% solution (2) Mucilage content Requirement 6.5 - 8.0 75% min. Pre -gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein (2) Ash content (3) Fiber (4) pH 1% solution (5) Size (6) Settleable solids Test Method ASTM D7047 5.5-7% 0-2% 4-5% 6.5 - 8.0 100% thru 850 microns (20 mesh) <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray -on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray -on Mulch Blanket (Type 1) shall be a hydraulically applied matrix containing organic fibers, water soluble cross -linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1) shall conform to the following: January 31, 2013 2 REVISION OF SECTION 213 MULCHING Properties Organic Fibers Cross linked Tackifiers Reinforcing Interlocking Fibers Biodegradability Ground Cover @ Application Rate Functional Longevity Cure Time Application Application Rate Requirement 71% Min. 10% +/- 2% Min. 10% +/- 1% Min. 100% 90% Min. 12 Months Min. < 8 hours 3,000 lb./acre Test Method ASTM D 2974 ASTM D 5338 ASTM D 6567 The organic fiber shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray -on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed -free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Fiber Retention On 28 -Mesh Screen Moisture Content Organic Matter Ash Content pH At 3% Consistency In Water Sterilized Weed -Free Non -Toxic To Plant Or Animal Life Requirement ? 40% 12%+ 2% 99.2% ± 0.2% 0.8% + 0.2% 4.5-7.0 ± 0.5% Yes Yes Test Method Tyler Ro-Tap Method Total Air Dry Weight Basis Oven Dry Weight Basis Oven Dry Weight Basis The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre -packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Molecular Weight Charge Density Non -Toxic To Plant Or Animal Life Requirement ? 12x106 > 25°A Yes (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant January 31, 2013 3 REVISION OF SECTION 213 MULCHING blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: Property Ground Cover (%) Bio-degradability (%) Functional Longevity (months) Cure Time (hours) Cross -linked tackifier Requirement 95 100 9 month minimum 24-48 10% minimum Application Application Rate (lbs./Acre) 3000 Test Method ASTM 6567 ASTM 5338 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber 200 l bs./Acre 300 l bs./Acre Water 2000 gal./Acre In subsection 213.03, delete (f) and replace with the following: (f) Spray -on Mulch Blanket. Spray -on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio nutrients will be permitted. Apply Spray -on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydromulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at 3/4 speed. Continue to mix tank a minimum of 10 minutes prior to application. Co -polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended -term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. January 31, 2013 4 REVISION OF SECTION 213 MULCHING Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re -applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch, wood chip mulch, wood fiber and, spray -on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following: Spray -on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application, weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Bonded Fiber Matrix Bonded Fiber Matrix Spray on Mulch Blanket Pay Unit Acre Pound Pound Payment for spray -on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. July 16, 2015 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix and shall conform to the requirements of Tables 216-1 and 216-2. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When specified lightweight polypropylene netting shall be 1.5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. When biodegradable blanket is specified, the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of native seed mix as specified in the Contract. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1. Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw -Coconut) shall be a machine produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable. Blankets shall be sewn together on a maximum 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 2. Soil Retention Blanket (Excelsior). Soil Retention Blanket (Excelsior) blanket shall consist of a machine produced mat of 100 percent curled wood excelsior , 80 percent of which shall be 6 inches or longer in fiber length. It shall be either biodegradable or photodegradable. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. July 16, 2015 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections, and which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio Degradable Class Minimum Roll Width Minimum Thickness A6525STM D Acceptable Matrix Fill Material Min. Mass per Unit Area ASTM D 6475 Size of Net Opening Photo- degradable Bio degradable Minimum: Minimum: 1 6.5 ft. 250 mils Straw/Coconut 8 oz/sy 0.50"x0.50" 0.50"x0.50" Maximum: Maximum: 0.75"x0.75" 0.5"x1.0" Minimum: 0.50"x0.50" 1 6.5 ft. 250 mils Excelsior 8 oz/sy NONE Maximum: 1.0"x2.0" Minimum: Minimum: 0.50" x0.5" 0.50"x0.50" 2 6.5 ft. 200 mils Coconut 8oz/sy Maximum: Maximum: 0.75"x0.75" 0.5"x1.0" Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET — PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio Degradable Class Slope Application "C" Factor' ASTM D 6459 Minimum Tensile 5zrength MD ASTM D 6818 1 < 0.10@3:1 8.33 lb/in 2 < 0.10@3:1 10.42 lb/in Notes: I "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, 3H:1V) to ratio of soil loss from unprotected (control) plot in large-scale testing. 2 MD is for machine direction testing (along the length of the roll). Blankets shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Slope Erosion Protection ("C" factor) shall be performed by an independent testing facility. July 16, 2015 3 REVISION OF SECTION 216 SOIL RETENTION COVERING (b) Turf Reinforcement Mat. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized, corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three- dimensional matrix of the thickness specified in Tables 216-3 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention, and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. Table 216-3 PHYSICAL REQUIREMENTS1 FOR TURF REINFORCEMENT MAT Product Class Minimum Roll Width Minimum Thickness ASTM D 6525 Acceptable Matrix Fill Material2 Size of Net Opening2 1 6.5 ft. 250 mils Excelsior, Straw/Coconut, Coconut, or Polymer fibers Minimum: 0.50"x0.50" Maximum: 0.75"x0.75" 2 6.5 ft. 250 mils 100% UV Stabilized Synthetic or Coconut Fibers Maximum 0.50"x 0.50" 3 6.5 ft. 250 mils 100% UV Stabilized Synthetic Fibers Maximum 0.50"x 0.50" Notes: 1 For TRMs containing degradable components, all property values shall be obtained on the non -degradable portion of the matting alone. 2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on a maximum 2 inch centers. Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Product Class Tensile Strength MD ASTM D 6818 Minimum UV Stability @ 500 Hours ASTM D 4355 Minimum Permissible Shear � (Unvegetated) ASTM D 6460 1 125 lbs/ft 80% 1.8 lbs/sf 2 150 lbs/ft 80% 2.5 lbs/sf 3 175 lbs/ft 80% 3.1 lbs/sf Notes: I Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a channel un-vegetated without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing. TRMs shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Permissible Shear Stress will be performed by an independent testing facility. (c) Staples. Staples shall be made of ductile steel wire, 0.165 inches in diameter, 8 inches long and have a 1 inch crown. "T" shaped staples will not be permitted. A sample of the staples and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the July 16, 2015 4 REVISION OF SECTION 216 SOIL RETENTION COVERING environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. (d) Earth Anchors. The mechanical earth anchor shall be composed of a load bearing face plate, a tendon rod or wire rope, and a locking head or percussion anchor. Each element of the anchor shall be composed of corrosion resistant materials. The anchor and wire rope shall have a breaking strength of 9,500 pounds utilizing standard tensile testing and ASTM A1007 - 07. The anchor shall have a minimum 1,000 pounds ultimate holding strength in normal soil and a manufacturer's recommended minimum driven depth of 3.5 feet. A sample of the anchors and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-216-1 and the following procedure: (1) Prepare soil in accordance with subsection 212.06 (a). . (2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. (3) Place seed in accordance with the Contract. (4) Unroll the covering parallel to the primary direction of flow. (5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. (6) Do not stretch the material or allow it to bridge over surface inconsistencies. (7) Staple the covering to the soil such that each staple is flush with the underlying soil. (8) Ensure that staples or earth anchors are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. The Contractor shall install TRMs using the following procedure: (1) Place 3 inches of topsoil or soil amended with soil conditioning. (2) Apply half of the specified seed at the broadcast rate and rake into soil. (3) Install TRM (4) Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. (5) Apply the remaining half of the specified seed at the broadcast rate and rake into soil. (6) Install soil retention blanket (Photodegradable or Biodegradable Class 1) over the seeded area and TRM. When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil. 216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope if possible. Trench depth shall be a minimum of 6 inches unless required by the manufacture to be deeper. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and secured with staples or earth anchors at 1 foot on center. There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering. Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be installed on the slope length at a maximum of every 35 feet. Each staple check shall consist of two rows of staggered staples. July 16, 2015 5 REVISION OF SECTION 216 SOIL RETENTION COVERING The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and secured with staples or earth anchors. If a slope runs into State waters or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples or earth anchors at the minimum rate shown on the Standard Plan M-216-1. Staple or earth anchor spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application: Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench. Trench depth shall be a minimum of 6 inches, unless a larger depth is specified by the manufacturer recommendations. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall be brought back over the trench and stapled. Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering. Two rows of staggered staples shall be placed. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall have a channel check slot every 30 feet along the gradient of the flowline. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench. Before backfilling begins, staples shall be placed across the width of the trench. The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted. Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering. METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface, excluding overlap, which is installed and accepted. Earth Anchors will be measured by the actual number of earth anchors complete in place and accepted. July 16, 2015 6 REVISION OF SECTION 216 SOIL RETENTION COVERING BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. The accepted quantities of earth anchors will be paid for at the contract unit price per each installed. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket L) (Photodegradable Class _) Square Yard Soil Retention Blanket ( ) (Biodegradable Class _) Square Yard Turf Reinforcement Mat (Class _) Square Yard Earth Anchors Each Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212. Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and paid for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Sections 207 and 212. Staples will not be measured and paid for separately, but shall be included in the work. January 15, 2015 1 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby deleted for this projected and replaced with the following: DESCRIPTION 250.01 This work consists of protection of the environment, persons, and property from contaminants that may be encountered on the Project. This includes monitoring the work for encounters with contaminants or suspected soil and groundwater contaminants; the management of solid, special, and hazardous waste; and management of visual emissions associated with hazardous waste, when encountered on the project. 250.02 The Contractor shall furnish all personnel, materials, equipment, laboratory services and traffic control necessary to perform the contamination monitoring, testing, and site remediation when required. Traffic control shall be in accordance with the requirements of Section 630. Monitoring equipment used to detect flammable gas, oxygen level, and toxic gas shall be capable of detection to meet the following standards: Instrument Detection Constituent Threshold Limit Increments Flammable Gas 1% LEL 1% Oxygen 19% 0.1% Toxic Gas 1 PPM 1 PPM LEL = lower explosive limit PPM = parts per million CONSTRUCTION REQUIREMENTS 250.03 General. Prospective bidders, including subcontractors, are required to review the environmental documents available for this project. These documents are listed in subsection 102.05 as revised for this project. This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos -contaminated soil, and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) and 250.05 shall be followed. Transportation of waste materials on public highways, streets and roadways shall be done in accordance with Title 49, Code of Federal Regulations (CFR). All labeling, manifesting, transportation, etc. of waste materials generated on this project shall be coordinated with the Engineer. All hazardous waste manifests for waste materials generated on this project shall list the Colorado Department of Transportation as the generator of the waste materials except as otherwise noted. If the Contractor contaminates the site, the Contractor shall be listed as the generator on the hazardous waste manifests, permits, and other documents for such material. If the project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If waste materials must be handled in a permitted treatment, storage and disposal (TSD) facility, the facility shall January 15, 2015 2 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT be designated in writing by the Engineer. If the waste materials are the result of the Contractor's actions, the Contractor shall designate the facility. The hazardous waste transportation phase of the work involves insurance required by law and regulations. If the waste materials are determined to be hazardous, the Contractor must submit proof that the transportation company is covered by the appropriate type and amount of insurance required by laws and regulations governing the transportation of hazardous waste. The Contractor alone bears the responsibility for determining that the work is accomplished in strict accordance with all applicable federal, state and local laws, regulations, standards, and codes governing special waste, petroleum and hazardous substance encounters and releases. The Contract will list known or suspected areas of contamination. Health and Safety Officer, Monitoring Technician, and Health and Safety Plan shall be required when so stated in the Contract. (a) Health and Safety Officer (HSO). The Contractor shall designate a HSO, not the project superintendent, who shall have at least two years field experience in chemical related health and safety. The HSO shall be either a certified industrial hygienist (CIH), certified hazardous materials manager (CHMM), professional engineer (PE) licensed in the State of Colorado, certified safety professional (CSP), or registered environmental manager (REM) meeting the criteria set forth in 29 CFR 1926. When asbestos is present or is suspected to be present, the HSO shall have additional training and certification in accordance with the Air Quality Control Commission Regulation No. 8 Part B. The HSO shall meet the minimum training and medical surveillance requirements established by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) for a supervisory Site Safety Official per 29 CFR 1962.65. The Contractor shall furnish documentation to the Engineer, at the preconstruction conference, that the above requirements have been met. 250.03. The HSO shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Depth gauging equipment, sampling equipment and sampling containers. (4) Personal protective equipment (levels C and D) when required. The HSO shall recommend and supervise those actions which will minimize the risk of hazardous substance related injury to the workers, Department personnel, the general public, property and the environment. Hazardous substance is defined in 29 CFR 1926.32. The HSO shall prepare written procedures for the monitoring of confined space entry and working in or near excavations, including but not limited to trenches and drill holes associated with this project. The HSO shall conduct or supervise all hazardous substance and solid waste related testing, sampling, monitoring and handling for this project to ensure compliance with applicable statutes and regulations, and other applicable environmental requirements under subsections 107.01 and 107.02. The HSO shall be available for consultation and assistance with contaminated materials related testing, sampling, and field monitoring as required by the Engineer. The HSO shall prepare and submit a bound and indexed final site report to the Engineer at the end of the project. This site report shall include a detailed summary of all contaminated materials and contaminated water that were encountered and their final disposition. During each week the HSO is utilized, the HSO shall prepare a daily diary which shall be submitted to the Contractor and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project January 15, 2015 3 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (b) Monitoring Technician (MT). The Contractor shall designate a monitoring technician to be responsible for monitoring of hazardous substances during work on the project. The MT shall have a minimum of two years of actual field experience in assessment and remediation of hazardous substances that may be encountered during highway construction projects. The MT shall be experienced in the operation of monitoring devices, identifying substances based upon experience and observation, and field sampling (for testing) of all media that may be found on the site. Completion of the 40 hour hazardous waste and 8 hour supervisory training required by OSHA and U.S. EPA rules and regulations which complies with the accreditation criteria under the provisions of the proposed 29 CFR 1910.121 is required prior to beginning work. The Contractor shall furnish documentation at the Preconstruction Conference that demonstrates these requirements have been met. The MT shall be equipped with the following: (1) Communication equipment as required in subsection 250.03(d)2.A. and a vehicle. (2) Monitoring and detection equipment for flammable gas, oxygen sufficiency, toxic gas, radiological screening and other hazards. This includes, as required, a combustible gas indicator, flame ionization or photo ionization detector, oxygen meter, radiation monitor with Geiger Mueller detector and other foreseeable equipment. (3) Personal protective equipment (levels C and D) when required. The MT shall be present on site and perform monitoring as required by 250.03(d) when work is being performed in areas of suspected contamination and on a predetermined basis throughout other work on the project. The MT shall monitor for compliance with regulations, the project Health and Safety Plan and the Materials Management Plan (if they exist for the project), the Contract, and the environmental documents for the project. The MT shall immediately notify the Contractor, the Engineer and the HSO of any hazardous condition. During each week the MT is utilized, the MT shall prepare a daily monitoring diary which shall be submitted to the Contractor, HSO and the Engineer. This diary shall be submitted at the end of the week and shall become a part of the Department's records. The diary shall contain a chronological log of activities on the project including: dates and times on site, equipment used and calibrations, field monitoring results, visual observations, conversations, directives both given and received, and disposition of suspected hazardous substances. The Engineer will review this submittal and approve the actual number of hours to be paid. (c) Health and Safety Plan (HASP). The HSO shall prepare a written HASP for the project, formatted as shown in Appendix B, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS (NIOSH) Publication Number 85-115, available from the Superintendent of Documents, U.S. Government Printing Office. The Contractor and the HSO shall review the environmental documents listed prior to preparation of the HASP. Four signed copies of the HASP shall be furnished to the Engineer for acceptance. The Engineer shall have seven calendar days to review and accept or reject the proposed HASP. Within five calendar days after acceptance, the HSO shall distribute signed and stamped (or sealed) copies of the accepted HASP to each emergency response agency servicing the project area, the HASP designated emergency hospital, and five copies to the Engineer. Earth or demolition work shall not occur until after the HASP is accepted and the HASP has been distributed. The HASP shall also be available to the Contractor's employees, their representatives, and officials of OSHA, EPA, Colorado Department of Public Health and Environment (CDPHE), local government health department, Federal Highway Administration, and other appropriate agencies and officials as may be designated by the Engineer. The Engineer will distribute the accepted HASP to appropriate Department personnel. The HASP shall be kept current and shall be revised by the January 15, 2015 4 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT HSO as warranted by changes in the field conditions. All on -site workers (Contractor's, Department's, Utilities', and others) shall be briefed by the HSO on the contents of the HASP and any revisions thereof. The HSO shall conduct briefings (group or individual) to inform new employees, subcontractors, utility companies and other on -site workers of the HASP contents prior to their entry on site. All personnel involved in excavation or other soil disturbing activities shall receive the required two-hour Asbestos Awareness training by a Certified Asbestos Inspector, when asbestos discoveries are anticipated, or discoveries are made. A signature log of all briefing attendees shall be kept and furnished to the Engineer. The Contractor shall provide, as required, eye wash equipment and stations, emergency showers, hand and face washing facilities and first aid equipment. The Contractor shall provide, as required, decontamination facilities for personnel and equipment employed in the work. The exact procedure for decontamination and frequency shall be included in the accepted HASP. Decontamination facilities shall meet the criteria set forth in the Code of Federal Regulations (29 CFR and 40 CFR). (d) Precautions and Procedures. The following minimum precautions and procedures shall be followed during the construction of the project: 1. General construction precautions: A. All monitoring and piezometer wells and test borings shall be established or abandoned by the Contractor as regulated by the State Engineer's Office. Copies of all required permits, notification, and abandonment documents shall be submitted to the Engineer prior to payment approval. B. Hazardous substance related activities shall have a work plan for each work phase which shall be coordinated with the Engineer at least three working days prior to commencement of each phase of the work. C. The Contractor shall properly handle all investigation derived waste generated by this project. Documentation shall be submitted to the Engineer of all tests performed for Treatment, Storage and Disposal (TSD) determination; classification of waste; hauling records; TSD acceptance; manifest (if required); etc. in accordance with applicable laws and regulations. D. When the work may involve air emissions, the Contractor shall contact the Colorado Department of Public Health and Environment (CDPHE), Air Pollution Control Division to ascertain if an air pollution emission notice (APEN) or permit is required for this operation. The Contractor shall be responsible for filing the APEN and obtaining said permit, if required. The processing of air pollution permits, if required, in non -attainment areas or where public hearings are required, likely will take more than 90 days. 2. For construction on a known or potentially contaminated site, the following conditions shall apply, in addition to those listed in subsection 250.03(d)1: A. The HSO shall be on site or readily available by radio, telephone or pager at all times during the work. When on site, the HSO shall have an operational portable or mobile cellular telephone available for immediate use in areas where such service is available. When on site in cellular telephone non - service areas, the HSO shall have available, for immediate use, radio access to a site with telephone service. The HSO shall be notified at least 24 hours prior to the start of confined space entry, storage tank removal, drilling, excavation, trenching, or dewatering operations. B. The HSO shall designate the onsite monitoring equipment for flammable gases, oxygen deficient or enriched atmosphere, and toxic gases, such as but not limited to, a flame ionization detector, photoionization detector, combustible gas indicator, and oxygen meter. This designated equipment shall be on site during all construction operations and be utilized during trenching, drilling, excavating, confined space entry, underground storage tank removal, and other appropriate construction operations. The exact equipment to fulfill this requirement shall be specified in the accepted HASP. January 15, 2015 5 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The HSO shall conduct or supervise the monitoring. The monitoring equipment shall be calibrated as recommended by the manufacturer. C. When drilling, trenching, or excavating in the presence of detectable concentrations of explosive gases, the soil shall be wetted and the operating equipment shall be provided with spark proof exhausts. D. The Contractor, through the HSO, is responsible for ensuring that 29 CFR 1926 is fully complied with during the construction of the project. E. Affected excavation operations shall be discontinued and personnel shall be removed from the affected excavation sites where any of the following levels are detected: (1) 20.0 percent or more LEL flammable gas, or 10.0 percent in an underground or confined space, (2) Permissible Exposure Limit (PEL) of any toxic gas, (3) 19.5 percent or less oxygen, (4) 25.0 percent or more oxygen, (5) Greater than 2 mrem/hr. (Beta particle & photon radioactivity), (6) Greater than 15 pCi/L (Gross alpha particle activity), or (7) Other action levels as determined by the HSO. (8) Uncovering of suspect Asbestos Containing Material (ACM), including but not limited to, buried facility components, active or abandoned utility lines, buried foundations and demolition debris, or miscellaneous ACM dispersed in the soil. The Contractor shall follow the procedures outlined in the HASP and 29 CFR 1926 to address these conditions. Work shall resume in these areas when approved by the Engineer. F. Personnel shall be issued and utilize appropriate Health and Safety equipment as determined by the HSO, who shall provide the Engineer with a written explanation of what personal protective equipment (PPE) shall be worn, when, and by which personnel. Except in emergency cases, the Engineer shall be advised by the HSO of changes in the degree of PPE prior to implementation. G. Personnel shall avoid the area immediately downwind of any excavation unless the excavation is monitored and declared safe. H. The operators of excavating, trenching, or drilling equipment shall wear appropriate PPE as required in the HASP. I. Exhaust blowers shall be present at the location where required in the accepted HASP. J. The Contractor shall accomplish the work with employees who have been trained and equipped as required by the HASP and applicable provisions of 29 CFR 1910 and 29 CFR 1926. K. Fire extinguishers, electrical equipment and wiring shall conform to the applicable requirements of 29 CFR 1926 and 49 CFR. L. Smoking shall not be permitted within 50 feet of any excavation. 3. For construction within 1000 feet of a known or potentially contaminated site, the following conditions, in addition to those listed in subsection 250.03(d) 1. shall apply: A. The areas under construction shall be checked with a combustible gas indicator before excavation begins to determine if flammable or combustible gas is in the area. B. Excavations, trenches and drill holes shall be monitored by the HSO for flammable gas, toxic gas and oxygen deficiency or enrichment. This shall be carried out continuously unless the presence of flammable, combustible or toxic gas, or oxygen deficiency or enrichment in the area can be ruled out by the HSO. The recommendation to discontinue monitoring must be agreed to by the Engineer and the Contractor. Prior to implementation, this agreement shall be written, and shall contain specific January 15, 2015 6 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT conditions that will require re-evaluation of the area. C. When flammable or toxic gas is found in the area, those precautions and procedures in subsection 250.03(d)2 shall apply. 4. The following procedures shall be followed if the level of contamination as documented in the environmental documents referenced in subsection 102.05 as revised for this project is exceeded, or if previously unidentified contaminated air, soil or water, is encountered during the construction of the project: A. Work in the immediate area of the release or discovery of contamination shall cease. The Engineer shall be immediately notified. B. If no HSO is required by the Contract, the Contractor shall designate an HSO as directed, in accordance with subsection 250.03(a). C. The Engineer may direct the HSO to evaluate the material for potential hazardous substance or other contamination or unsafe conditions. This evaluation may include, but is not limited to, on site field monitoring, on site testing, and on or off site laboratory analysis. Removal of storage tanks and surrounding contaminated soils shall be in accordance with applicable laws, regulations and established procedures. If the contaminated material cannot be placed in the embankment or remediated on site, it must be removed to an appropriate TSD facility, as designated in writing by the Engineer. The HSO shall supervise the necessary testing required to make appropriate TSD determinations. Disposal of the unsuitable material shall be considered as remediation work as described in subsection 250.03(d)4.D and 250.03(d)4.E. D. If this site is determined to be contaminated with petroleum products, hazardous substances or other solid waste in excess of that indicated in the above listed site investigation documents, a thorough Site Investigation and Waste Management Plan shall be accomplished under the supervision of the HSO The Site Investigation and Waste Management Plan shall be submitted to the Engineer for approval and shall determine the extent of contamination and propose at least three types of remedial action for the contaminated area as required by applicable statutes and regulations. The HSO shall be available to assist the Engineer in explaining this study to the regulatory agencies. When requested by the Engineer, the Contractor shall prepare a Remediation Plan based on the selected remedial method, and shall submit this to the Engineer for approval. The time required for the Engineer's review of the Remediation Plan, including all necessary drawings, calculations, specifications, and other documentation will not exceed four weeks after a complete submittal is received. This work shall not be done unless authorized in writing by the Engineer. E. If the site is determined to be contaminated with petroleum products; hazardous chemicals, materials, or wastes; or other solid wastes, and is required to be remediated, the HSO or other qualified individuals will supervise the Remediation Plan implementation as concurred to by the regulatory agencies, as directed. Hazardous Waste generated by remedial activities shall list the Colorado Department of Transportation as the hazardous waste generator on the required paperwork for projects on State Highways and their associated frontage roads. If this project is not on a State Highway or frontage road, then the appropriate local governmental entity having jurisdiction over the transportation system facility shall be listed as the hazardous waste generator. If the waste disturbed or produced was caused by Contractor negligence, the Contractor shall be listed as the hazardous waste generator. Remediation work shall be done only when authorized by the Engineer in writing. 250.04 Heavy Metal Based Paint Management. When the work includes the removal of paint or items covered with paint which may contain lead, chromium or other heavy metals, the requirements of this subsection shall apply in addition to the requirements of subsection 250.03. January 15, 2015 7 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT The requirements of the HASP shall be in accordance with OSHA Publication Number 3142, Working with Lead in the Construction Industry. Paint Removal and Waste Disposal work shall be performed in accordance with 29 CFR 1926.62, State and local air quality regulations, the Steel Structures Painting Council (SSPC) Guide for Containing Debris Generated During Paint Removal Operations, the Industrial Lead Paint Removal Handbook (SSPC 91-18), and the references contained therein. The following minimum precautions and procedures shall be followed unless modified in the approved HASP or its updates: (a) The Contractor shall contact the CDPHE, Air Pollution Control Division to ascertain if an air pollution permit is required for the cleaning or demolition work. If an air pollution permit is required, the Contractor shall obtain the permit. The Contractor shall furnish the Engineer with a copy of the permit application and the permit issued prior to starting cleaning or demolition activities. A copy of the Air Pollution Emission Notice [APEN] shall be provided to the Engineer, if such notice is required under the Colorado Air Quality Control Commission's regulations. The processing of air pollution permits in non -attainment areas, or where public hearings are required, likely will take more than 90 days. (b) The Contractor shall contain paint chips, corrosion residues, and spent abrasives, herein referred to as waste materials, resulting from the cleaning or demolition operations. The Contractor shall not deposit or release waste material into the water, air or onto the ground below or adjacent to the structure. The Contractor shall conduct cleaning operations to minimize the waste materials produced. Prior to beginning the work, the Contractor shall submit to the Engineer for acceptance, a detailed methods statement for capturing, testing, and disposing of the removed materials. The Engineer will have seven calendar days to review, and accept or reject this methods statement. (c) Abrasives utilized for blast cleaning shall be low -dusting and low waste. Unless approved otherwise, vacuum blasting or wheel blasting shall be used. (d) The HSO shall sample and test the waste material for lead, chromium, and other paint associated heavy metals using the Toxicity Characteristic Leaching Procedure (TCLP) Test, Method 1311 of the EPA publication, Test Methods for Evaluating Solid Waste 846. Sample collection methodology and frequency shall be recommended by the HSO and accepted by the Engineer with an adequate number of samples taken to be representative of all waste material collected. If the waste material does not pass the TCLP test, it shall be disposed of in a permitted TSD facility as designated in writing by the Engineer. The waste materials handling decision shall be documented by a report (five copies) submitted to the Engineer. This documentation shall include a description of sample collection methodology, testing performed, test results and comparison of test results with hazardous waste requirements. The waste material shall not be held at an unpermitted TSD facility site in excess of Resource Conservation and Recovery Act (RCRA) temporary storage time limits. (e) When an item coated with paint is removed, all loose paint shall be removed and collected from the item within 24 hours of the time it is removed or placed onto the ground. All loose paint shall be removed and collected from a painted item before it is removed from the site. The Contractor shall contain loose paint until it is removed and collected. Loose paint is defined as that which can be removed by manual scraping methods. Over waterways, the Contractor shall capture all paint debris by the method specified in the methods statement. The paint debris shall be collected on a daily basis and shall be stored in a properly labeled, tightly sealed container and placed in a secured location at the end of each working day. (f) All painted steel components which are not designated to be salvaged shall be recycled. Contractor possession of the steel for future use shall be considered a form of recycling. Prior to transport of the components off -site, the Contractor shall obtain a letter from the recipients of the painted steel components stating that they have been fully informed of the contents of the paint and are capable of handling the paint. If the Contractor is to maintain future possession of the steel, the Contractor shall supply this letter. If there will January 15, 2015 8 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT be more than one recipient of the painted material, one letter shall be obtained from each recipient. The Contractor shall provide a copy of each letter to the Engineer. If the painted steel components will be recycled by melting, the letter from the recipient is not required. The Contractor shall submit a letter stating the destination of the painted steel components and that they will be melted. (g) When the work consists of the removal of a bridge or components of a bridge coated with paint which has been assumed to contain lead, chromium, other heavy metals, or a combination thereof the Contractor shall capture paint debris which is dislodged during removal operations. The Contractor may choose any method for dismantling the bridge, subject to the following required construction sequence limitations: (1) The concrete deck shall be removed prior to removal of the steel superstructure. (2) If the methods statement indicates that girders will be dropped to the ground during dismantling, all debris from the concrete deck removal operation shall be removed from the area below the bridge before any girders are dropped into this area. (3) Girders may be cut and dropped only if the span is located entirely over land. 250.05 Material Handling. This work consists of the additional handling of groundwater and soils to be excavated for construction of the project which are suspected or known to be contaminated. This work also includes stockpiling or containerization, analytical sampling and testing, and final disposition of contaminated groundwater and soils requiring special handling. The Contractor shall maintain vertical trench walls for the work in the specified areas of known or potential contamination, as shown on the plans. Shoring may be necessary to meet this requirement. The Contractor shall confine the removal of contaminated groundwater and soils encountered as a result of the excavation activities in the specified areas to the vertical and horizontal limits of structure excavation specified in the Contract. The Contractor shall be responsible for any contaminated materials generated beyond the limits of excavation. This shall include any sampling, analysis, and disposal required, and the costs thereof. The Contractor shall be listed as the generator of any such material. The limits of excavation shall be determined as 18 inches outside of structures, including sewers, water lines, inlets, manholes, and other underground structures to be constructed, or as directed. Specific areas of known or potential contamination have been identified in the project plans. There is the potential of encountering contaminated groundwater and soil, which has not been summarized in the plans or specifications, at unknown locations on the site. Suspected contaminated soil and groundwater shall be handled by one of three methods as follows: (a) Materials Handling (Stockpile& Containerization). When recommended by the HSO and authorized by the Engineer, material shall be stockpiled or containerized for analysis and characterization for proper handling and, disposal, or both. Sampling and testing of materials shall be as described in the Contract. If analysis indicates that soil samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the associated soils will not require any special handling and will become the property of the Contractor and may be used on site, subject to other requirements of the Contract. Health and safety monitoring and strict fugitive dust control shall be conducted during the placement of these soils. If analysis indicates that groundwater samples are designated as uncontaminated, as determined by the criteria shown in the Contract or as determined by the CDPHE, the groundwater shall be handled in accordance with subsection 107.25. Stockpiled and containerized materials shall be secured in compliance with the following provisions until they are determined to be uncontaminated: 1. The Contractor shall not store the material for more than 90 days. 2. The Contractor shall prevent any runoff from infiltrating the ground or running out of the containment area. January 15, 2015 9 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT 3. Soils and groundwater containing different contaminants shall be placed in separate containers or stockpiles. 4. The Contractor shall prevent the dispersion of materials or the dilution or mixing of containers and stockpiles. 5. The ground surface on which the contaminated soils will be placed shall be covered with plastic sheeting which will withstand the placement and removal of stockpiled materials without breaching. 6. The ground surface shall be graded to drain toward the edge of the soil piles and the berm or trench around them shall be covered by plastic sheeting. 7. Proper security shall be provided in accordance with 40 CFR. (b) Solid Waste Disposal. Soils determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall haul this material to a solid waste disposal facility. (c) Contaminated Groundwater Disposal. Groundwater determined to be contaminated, but not hazardous, as established by criteria in the Contract or as determined by CDPHE or other regulatory agencies having jurisdiction, shall be handled and disposed of, or both as recommended by the HSO and approved by the Engineer. The Contractor shall prepare a dewatering plan proposing at least three types of treatment and/or disposal options of contaminated groundwater as required by applicable statutes and regulations. One of the treatment options shall include permitting and onsite treatment prior to discharge or disposal. The dewatering plan shall be submitted to the Engineer for approval four weeks before dewatering activities begin. (d) Hazardous Waste Disposal. Soils and groundwater that are designated or suspected to be hazardous shall be containerized immediately upon excavation or upon discovery. Hazardous material shall be labeled and transported to a permitted treatment, storage and disposal (TSD) facility or to a hazardous waste disposal facility approved by the Engineer. (e) Additional Requirements. Stockpiled or containerized material characterized as uncontaminated, contaminated or hazardous shall be stored and disposed of in a manner consistent with current established federal, state, and local regulations for waste materials. Materials with contaminants not specifically regulated shall be disposed of by the Contractor as directed, in consultation with CDPHE. All areas where wastes are generated shall be reviewed by the HSO to identify potential contaminant sources that may result in a contaminated waste stream. Contaminated groundwater and soils, which have been identified as solid waste or hazardous waste, requiring disposal according to federal, state, and local regulations, shall be transported in accordance with 49 CFR by the Contractor to an appropriately permitted treatment facility, landfill, incinerator or asphalt plant or other facility approved to accept the waste. CDPHE and the landfill or other treatment or disposal facility shall be notified by the HSO of the material to be disposed of and the corresponding analytical test results prior to shipment. Potentially contaminated water collected from the lined trench of a stockpile shall be treated as required by Colorado Wastewater Discharge Permit System (CDPS) permits, 29 CFR and 40 CFR and reimbursed separately in accordance with Contract requirements. 250.06 Sample delivery. This work consists of the collection, containerization and delivery of material samples for analysis to the testing facility designated in the Contract. Environmental Protection Agency (EPA) protocol and standards shall be followed in the collection, containerization and transport of samples to be analyzed, including the documentation of the proper chain of custody of all samples. The Contractor shall collect sufficient sample material to perform the required analysis and is responsible for ensuring that appropriate climate control has been provided for sample transport. Sample delivery shall be made within the maximum allowable holding time for each sample type, not to exceed 24 hours, January 15, 2015 10 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT excluding weekends. The time period required for sample collection and delivery to the testing facility will not be considered an excusable delay. The analysis to be completed and turnaround time shall be approved by the Engineer. The Contractor shall provide the Engineer with a copy of documentation indicating that proper chain of custody requirements have been followed for all samples. Quality control samples shall be provided by the Contractor in accordance with the quality control requirements of the testing facility designated in the Contract (quality control requirements are available from the Engineer). The Contractor shall prepare, label and transport these samples to the testing facility in conjunction with the delivery of other samples authorized for analysis by the Engineer, at no additional cost. The Engineer may request splits of samples, in advance of collection, which shall be provided at no additional cost by the Contractor. 250.07 Asbestos -Containing Material Management. Environmental documents or plans listed in the special provisions should include known or suspected locations that could involve encounters with ACM during excavation and other soil disturbing construction activities. Unexpected discoveries of ACM may be made during excavation and soil disturbing construction activities. Asbestos contaminated soil, shall be properly managed or remediated, in accordance with subsection 250.07(a). All asbestos related activities shall be performed by Colorado certified asbestos professionals, contractors, or consultants. Certifications are issued by the Colorado Department of Public Health and Environment (CDPHE), Indoor Air Quality Unit. A Colorado Certified Asbestos professional shall manage the management and disposal of asbestos contaminated soil and other ACM. The Indoor Air Quality Unit within CDPHE is the only unit that certifies such professionals. The Contactor shall furnish a copy of the license to the Engineer. (a) Regulatory Compliance. Asbestos contaminated soil management is governed by 6 CCR 1007-2, Section 5, which includes and references regulatory compliance with Asbestos Hazard Emergency Response Act (AHERA) Colorado Regulation 8; Inspection and reporting protocol and demolition standards are governed by AHERA; Demolition and notification standards are governed by National Emission Standards for Hazardous Air Pollutants (NESHAPS); Colorado Regulation 8 governs all asbestos activities, demolition, permitting, and certification of Certified Asbestos Professionals in the State of Colorado. Colorado Regulation 8 is more stringent than AHERA and NESHAPS and supersedes federal regulations. Conflicting regulatory requirements between AHERA and NESHAPS, if not specifically addressed in Colorado Regulation 8, shall be addressed and approved protocol negotiated with CDPHE. The Contractor shall conform to all current regulations, policy directives, or both, issued by the EPA, CDPHE, and the Department. (b) Asbestos Management and Visual Inspections Asbestos management must be performed by a certified asbestos professional. Final Inspections of the area of asbestos contaminated soil removal shall be performed by an Asbestos Consultant to determine what, if any, controls must be instituted to allow future activity in the excavation area. All final visual inspections shall be conducted only when soil is dry. (c) Permitting and Notification. The CDPHE requires notification of any soil disturbing activity where asbestos is known, suspected, or discovered. A 24 -hour notification to CDPHE is required prior to any soil disturbing activity of an unplanned asbestos discovery. A 10 working day notification to CDPHE is required prior to any soil disturbing activity in an area with known or potential material suspected of containing asbestos in or on the soil or asbestos -contaminated soil. Removal of asbestos -containing material on a facility component, that is located on or in soil that will be disturbed, with asbestos quantities above the following trigger levels must be permitted and abated in accordance with the requirements of Air Quality Control Commission Regulation No. 8 (5 CCR 1001-10, Part B): January 15, 2015 11 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (1) 260 linear feet on pipes, (2) 160 square feet on other surfaces, or (3) The volume of a 55 -gallon drum. All permit applications shall be submitted to the Colorado Department of Public Health and Environment a minimum of 10 days prior to start of work for approval. The permit application and notification shall be submitted simultaneously. The Contractor shall obtain all required State and local permits and shall be responsible for all associated fees. Permit application, notification, and waiver request forms shall be submitted to: Colorado Department of Public Health and Environment Permit Coordinator/APCD - SS - B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Phone: (303) 692-3100 Fax: (303) 782-0278 Application and waiver forms are available on the CDPHE website: asbestos@state.co.us (d) CDOT's Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos -Contaminated Soil Guidance Document and CDOT's approved Asbestos -Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011, including the following minimum requirements: (1) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization. (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Asbestos Awareness Training shall be given by a qualified and certified Asbestos Building Inspector with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected, by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required, depending on the circumstances. Submit 24 -hour Notification of Unplanned Asbestos Discovery. Submit 10 -day Notification of Planned Asbestos Management. Submit 24 -hour Notification of Unplanned Asbestos Discovery. Submit 10 -day Notification of Planned Asbestos Management. January 15, 2015 12 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT (e) Risk Assessment and Determinations for Further Management Or Remediation. Risk assessment and determinations for further management or remediation must be closely coordinated with the Project Engineer and Project Manager of the Statewide Management Plan. 250.08 Methamphetamine Lab Sites. Demolition of former Methamphetamine (meth) labs is enforced by the Governing Authority, which varies from county to county. The Contractor shall demolish all buildings that are identified as former meth labs, as listed in public listings by the Governing Authority. The Contractor shall provide evidence of demolition to the Governing Authority, obtain receipt of such evidence by the Governing Authority, and shall submit these to Engineer immediately following demolition. Septic tank removal at known meth lab sites shall undergo preliminary assessment by an Industrial Hygienist or Certified Industrial Hygienist to determine proper removal and disposal. Work shall proceed in accordance with the recommendations of the Hygienist. METHOD OF MEASUREMENT 250.09 Environmental Health and Safety Management will not be measured, but will be paid for on a lump sum basis. This will include all work, materials, and hourly time charges by the HSO and other personnel required to accomplish the following: (1) Preparation, submittal and briefing of the initial HASP (2) Preparation and submittal of the Waste Management Plan 1. Preparation and Submittal of the Dewatering Plan 2. Preparation and Submittal of the Remediation Plan (3) Procedures and equipment specified in subsections 250.03 - 250.07 (4) PPE (levels C and D) for Contractor's personnel for any contamination identified in the preconstruction investigations (5) Preparation and submittal of the final site report The quantity to be measured for Health and Safety Officer will be the total number of hours that the Health and Safety Officer is actually used, as authorized, for the following work: (1) Field monitoring necessary to ensure the safety of workers on the site; (2) Hours in excess of the items listed under Environmental Health and Safety Management; (3) Hours that are necessary due to unforeseen site conditions; and (4) Hours of additional consultation or field work that is requested by the Engineer. Equipment specified in subsection 250.03(a), preparation and submittal of the daily HSO diary, travel to and from the project site, and PPE (Levels C and D) required for use by the HSO will not be measured and paid for separately, but shall be included in the hourly cost of the HSO. The quantity to be measured for Monitoring Technician will be the total number of hours that Monitoring Technician is actually used as authorized. Equipment specified in subsection 250.03(b), supervision of the MT, preparation and submittal of the daily monitoring diary, travel to and from the project site, and PPE required for use by the MT (Levels C & D) will not be measured and paid for separately, but shall be included in the hourly cost of the MT. Solid stockpiled materials will be measured by the cubic yard computed from cross sections by the average end area or other requirements acceptable method. Disposal of solid waste and solid hazardous waste materials will be measured by the cubic yard in the disposal container. Materials Sampling and Delivery will be measured by the actual number of samples collected, containerized and transported to the testing facility indicated in the Contract. January 15, 2015 13 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Additional environmental health and safety management work required and authorized by the Engineer, but not included in the items listed above, will be considered extra work to be paid for in accordance with subsection 109.04, unless such work is caused by the Contractor's action. BASIS OF PAYMENT 250.10 Partial payment for Environmental Health and Safety Management, as determined by the Engineer, will be made as the work progresses. The Contractor shall submit a schedule of environmental related Health and Safety Management work before the first partial payment is made. The schedule shall indicate the environmental related Health and Safety Management time for each work item that requires Contractor environmental related Health and Safety Management effort and the total time for the project. The accepted quantity for Health and Safety Officer will be the number of hours actually used and approved for payment by the Engineer and will be paid for at the contract unit bid price. The accepted quantity for Monitoring Technician will be the number of hours of onsite monitoring as approved by the Engineer and will be paid at the Contract unit price. Environmental Health and Safety Management, Health and Safety Officer and Monitoring Technician bid items shall include vehicles, phone charges, supplies, printing, postage, office support, and all other miscellaneous costs associated with the work. Payment for Groundwater Handling (Containerization & Analysis) will be paid for in accordance with subsection 109.04. Payment for Soil Handling (Stockpile) will be made at the contract unit price for all excavated material required to be stockpiled for analysis. The contract unit price will be full compensation for furnishing all materials, labor, equipment and incidentals necessary to complete this work, and all handling of the material prior to disposal. This includes haul, stockpile, and security. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment or backfill on the project, or waste disposal of this material. Payment for Solid Waste Disposal and Solid Hazardous Waste Disposal will be made at the appropriate contract unit price for the disposal of material determined to be either solid waste or solid hazardous waste. The contract unit prices will be full compensation for furnishing all materials, labor, equipment, tools, storage containers for transport, containerization of material for up to 60 days, and incidentals necessary to complete this work. This includes all handling of the material, loading for disposal, unloading for disposal, and borrow material required for replacement of excavated material disposed of offsite. It does not include stockpiling or containerization required for analysis which is included in the item Materials Handling (Stockpile & Containerization) paid for as described above. Payment for waste disposal fees and transport of hazardous waste will be made as shown below. Payment for this work will be in addition to any payment made under other bid items for excavation, embankment, backfill or material handling (stockpile & containerization) on the project. (1) Solid Waste. Transport costs to the disposal facility and disposal fees will be included in the contract unit price for this work. (2) Solid Hazardous Waste. Transport, Disposal and /or Treatment costs will be paid for by planned force account in accordance with subsection 109.04. (3) Liquid Hazardous Waste. Transport, Disposal and /or Treatment costs will paid for by planned force account in accordance with subsection 109.04. The cost of shoring required to limit the removal of contaminated materials to the specified limits shall be included in the bid unit prices for any excavation to be performed. Such shoring ordered by the Engineer in areas other than the specified areas of known or potential contamination, as shown in the plans, will be paid for in accordance with subsection 109.04. Payment for Materials Sampling and Delivery will be made at the contract unit price for each material sample collected, containerized and transported to the laboratory testing facility as designated in the Contract. The Contract unit price will be full compensation for furnishing all materials, labor, equipment, tools and incidentals January 15, 2015 14 SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT necessary to complete this work including required sampling kits, containers, sample splits and quality control samples. The Contractor shall be responsible for damage caused by Contractor negligence to the environment, persons, or property. Expenditures associated with actions of the Contractor shall be borne by the Contractor at no cost to the project. Contaminated groundwater containerized, treated or disposed under the requirements of this specification will be paid for by planned force account in accordance with subsection 109.04. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Pay Item Environmental Health and Safety Management Health and Safety Officer Monitoring Technician Materials Sampling and Delivery Materials Handling (Stockpile) Solid Waste Disposal Pay Unit Lump Sum Hour Hour Each Cubic Yard Cubic Yard April 26, 2012 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.17, delete the first paragraph and replace with the following: 401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 °F, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 °F, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. In subsection 401.17, delete the third paragraph and replace with the following: SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following: After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compaction process is implemented. July 19, 2012 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 40117, delete the fifteenth paragraph and replace with the following: Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. February 3, 2011 REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.16 delete the twelfth (last) paragraph and replace it with the following: The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring. The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation. Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 °F cooler than other material across the width may be marked for density testing. Material for temperature comparison will be evaluated in 3 -foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected. This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. January 6, 2012 REVISION OF SECTION 401 TOLERANCES FOR HOT MIX ASPHALT (VOIDS ACCEPTANCE) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b) delete Table 401-1, including the footnotes, and replace with the following: Table 401-1 Tolerances for Hot Bituminous Pavement Element Tolerance Asphalt Cement Content + 0.3 % Voids in the Mineral Aggregate (VMA) + 1.2 % Air Voids + 1.2 % May 2, 2013 1 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 401.10 shall include the following: The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted. The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. Subsection 401.22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work. Subsection 412.07 shall include the following: The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required, such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. May 2, 2013 2 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted. Subsection 412.24 shall include the following: Pay Item Concrete Safety Edge Pay Unit Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item. February 3, 2011 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412.12(a) and replace it with the following: (a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP. The OCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved OCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE -FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601.13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16 (a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method. A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Curing Materials. Curing materials shall conform to the following requirements: Burlap Cloth made from Jute or Kenaf Liquid Membrane -Forming Compounds for Curing Concrete Sheet Materials for Curing Concrete *Only the performance requirements of AASHTO M171 shall apply. AASHTO M 182 ASTM C 309 AASHTO M 171* Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted. February 18, 2016 1 REVISION OF SECTION 601 CLASS B, BZ, D, DT AND P CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.02 shall include the following: Deviations from the Standard Class B, Class BZ, Class D, DT and P concrete may be made under the following conditions: (1) The minimum cement content may be reduced from that specified in Table 601-1 if lab test results show that the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as determined by ASTM C1202. (2) The maximum cement content may be increased from that specified in Table 601-1 if lab test results show that the unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103. (3) The maximum amount of fly ash substituted for ASTM C150 cement or the maximum pozzolan content when ASTM C595 or C1157 cement is used may exceed the limits in subsection 601.05 if lab test results show that the permeability of the mix does not exceed 2,500 Coulombs at an age of not more than 56 days as determined by ASTM C1202 and the salt scaling resistance is less than 3 as determined by ASTM C672. (4) Except for Class DT, the concrete mix may use an Optimized Gradation (OG). When an OG is used aggregate proportions must be a result of an optimized combined aggregate gradation (CAG) developed by an approved mix design technique such as Shilstone or KU Mix. The amount of aggregate in the CAG passing the 19 mm (% inch) sieve and retained on the12.5 mm (1/2 inch) sieve shall be a minimum of 8 percent for the trial mix design. The coarseness factor (CF) and workability factor (WF) must plot within the workability box (ABCD) depicted graphically by the following 4 coordinate points: a. Point A> (CF,WF) 72, 31 b. Point B> (CF,WF) 44.5, 35 c. Point C> (CF,WF) 44.5, 43.5 d. Point D> (CF,WF) 72, 40 Figure 601-1 Workability Box 50 (5) WorhablIdy Factor 45 40 35 30 25 20 C A 8 80 70 60 50 40 30 Coarseness Factor CF = (SIT)x 100 Where: S = Percent Cumulative Retained on 9.5 mm (3/8 inch) Sieve T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve WF is the percent passing the 2.36 mm (No. 8) sieve. Increase workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used in excess of 564 pounds per cubic yard in the mix design. Decrease workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used below 564 pounds per cubic yard in the mix design. The Contractor shall not adjust the workability factor if the amount of cementitious material is 564 pounds per cubic yard. Aggregate gradings not obtained through an OG may be used if lab test results show that the unrestrained shrinkage is less than 0.050 percent when tested by CP-L 4103. February 18, 2016 2 REVISION OF SECTION 601 CLASS B, BZ, D, DT AND P CONCRETE Concrete with any of the above deviations shall be known as Class (_) Non Standard concrete (Class _-NS concrete). For example Class B -NS. Non Standard concrete may be substituted for the equivalent standard concrete. Non Standard concrete shall be tested, accepted, measured and paid for as standard concrete or the pay item specifying standard concrete. Subsection 601.05 shall include the following in the second paragraph: (8) Concrete with an OG shall indicate the gradation proportions that results in a combined aggregate gradation corresponding to compliance within the specified CF and WF box and shall include the following charts used to perform aggregate gradation analysis: (i) Coarseness Factor (ii) Workability Factor (iii) 0.45 power (iv) Combined gradation Delete Subsection 60t06 (10) and (11) and replace with the following: (10) Weights of fine and coarse aggregates or combined weight when an OG is pre -blended (11) Moisture of fine and coarse aggregates or combined moisture when an OG is pre -blended Subsection 60117 shall include the following: (g) Water to cementitious material content (w/cm) ratio. When a Non Standard concrete is used the maximum w/cm ratio is the w/cm ratio that was used in the in the laboratory trial mix for the Concrete Mix Design. The w/cm ratio shall be determined for each batch of Non Standard concrete by the Contractor and provided to the Engineer for approval prior to placement. If an adjustment to the mix is made after the Engineer's approval, the w/cm shall be determined and submitted to the Engineer prior to the continuation of placement. Any Non Standard concrete that is placed without the Engineer's approval shall be removed and replaced at the Contractor's expense. February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete (13) and (17) and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in -place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the OCR The OCR shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a) delete the fourth paragraph. October 29, 2015 1 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, the trial mix shall be run with the required air content. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water (if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air I Strength Deviations Below Below From Pay Specified Pay Specified Specified Factor Strength (psi) Factor Strength (psi) Air (Percent) [ < 4500 psi (Percent) [ ? 4500 psi (Percent) Concrete] Concrete] 0.0-0.2 98 1-100 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0.7-0.8 84 301-400 84 301-400 0.9-1.0 75 401-500 75 401-500 Over 1.0 Reject Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject Over 1000 April 30, 2015 REVISION OF SECTION 601 STRUCTURAL CONCRETE STRENGTH ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.17 (c), delete the first paragraph and replace with the following: (c) Strength (When Specified). The concrete will be considered acceptable when the running average of three consecutive strength tests per mix design for an individual structure is equal to or greater than the specified strength and no single test falls below the specified strength by more than 500 psi. A test is defined as the average strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one test cylinder differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two test cylinders. November 6, 2014 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows: In subsection 60t03, first paragraph, the following shall be added to the table: High -Reactivity Pozzolans 701.04 Subsection 60t03 shall include the following: Pozzolans shall consist of Fly Ash, Silica Fume and High -Reactivity Pozzolan. In subsection 60t04, delete the third and fourth paragraphs and replace with the following Cementitious material requirements are as follows: Class 0 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type I, II or V (2) ASTM C 595 Type IL, IP, IP(MS), IP(HS) or IT (3) ASTM C 1157 Type GU, MS or HS (4) ASTM C 150 Type III cement if it is allowed, as in Class E concrete Class 1 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type II or V; Class C fly ash shall not be substituted for cement. (2) ASTM C 595 Type IP(MS) or IP(HS). (3) ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement. (4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly ash shall not be substituted for cement. (5) ASTM C 595 Type IL; having less than 0.10 percent expansion at 6 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (6) ASTM C 595 Type IT; having less than 0.10 percent expansion at 6 months when tested according to ASTM C 1012. Class 2 requirements for sulfate resistance shall be one of the following: (1) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight (2) ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C 452 (3) ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement. (4) ASTM C 150 Type II, Ill, or V plus High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 November 6, 2014 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS (5) ASTM C 1157 Type MS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (6) A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. (7) ASTM C 595 Type IP(HS). (8) ASTM C 595 Type IL plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012 (9) ASTM C 595 Type IT: having less than 0.05 percent expansion at 6 months or 0.10 percent expansion at 12 months when tested according to ASTM C 1012. Class 3 requirements for sulfate resistance shall be one of the following: A blend of portland cement meeting ASTM C 150 Type II, III, or V with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (1) ASTM C 1157 Type HS having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (2) ASTM C 1157 Type MS or HS plus Class F fly ash or High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (3) ASTM C 150 Type 11,111, or V plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (4) ASTM C 595 Type 1L plus High -Reactivity Pozzolan where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (5) ASTM C 595 Type IP(HS) or IT having less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. (6) ASTM C 595 Type IL with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0.10 percent expansion at 18 months when tested according to ASTM C 1012. When fly ash or High -Reactivity Pozzolan is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C1012, shall be the same source and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash or High -Reactivity Pozzolan tested according to ASTM C 1012. In subsection 601.05 delete the first paragraph and replace with the following: 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan, aggregates, water, additives and the water to cementitious material ratio November 6, 2014 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS (w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of the cement, fly ash, silica fume and High -Reactivity Pozzolan. In subsection 601.05, delete the 12tH 13th, 14th, 15th, and 16th paragraphs and replace with the following: The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash, High - Reactivity Pozzolan and silica fume meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. For all concrete mix designs with ASTM C150 cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IL cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High -Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) or IT cements; fly ash or High -Reactivity Pozzolan shall not be substituted for cement. For all concrete mix designs with ASTM C1157 cements, the total pozzolan content including pozzolan in cement shall not exceed 30 percent by weight of the cementitious material content. When the Contractor's use of fly ash or High -Reactivity Pozzolan results in delays to the project, when it is necessary to make changes in admixture quantities, the source, or the Contractor performs , the cost of such delays and corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, High -Reactivity Pozzolan, silica fume or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design. The change will need to be approved by the Engineer prior to use. In subsection 60t06, second paragraph, delete (9) and replace with the following: (9) Type, brand, and amount of cement, fly ash and High -Reactivity Pozzolan In subsection 601.06, delete (a) and replace with the following: (a) Portland Cement, Fly Ash, High -Reactivity Pozzolan and Silica Fume. These materials may be sacked or bulk. No fraction of a sack shall be used in a batch of concrete unless the material is weighed. All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that cement will not lodge in it or leak from it. Separate storage and handling equipment shall be provided for the fly ash, silica fume and High -Reactivity Pozzolan. The fly ash, silica fume, and High -Reactivity Pozzolan may be weighed in the cement hopper and discharged with the cement. November 6, 2014 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS In subsection 701.01 delete and replace the second paragraph with the following: All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic cements, unless permitted otherwise. ASTM C 150 Type I ASTM C 150 Type II ASTM C 150 Type V ASTM C 595 Type IL ASTM C 595 Type IP ASTM C 595 Type IP(MS) ASTM C 595 Type IP(HS) ASTM C 595 Type IT ASTM C 1157 Type GU, consisting of no more than 15 percent limestone ASTM C 1157 Type MS, consisting of no more than 15 percent limestone ASTM C 1157 Type HS, consisting of no more than 15 percent limestone In subsection 701.02 add the following after the first paragraph: Blending of pozzolans according to ASTM D5370 is permitted to meet the requirements of ASTM C 618. Add subsection 701.04 immediately following subsection 701.03 as follows: 701.04 High -Reactivity Pozzolans. High -Reactivity Pozzolans (HRP) shall conform to the requirements of AASHTO M321. HRPs are but not limited to metakaolin, rice hull ash, zirconium fume, ultra -fine fly ash, and fume from the production of 50 percent ferrosilicon (with SiO2 less than 85 percent). HRPs shall meet the following optional requirement of AASHTO M321: The sulfate expansion at 14 days shall not exceed 0.045 percent HRP shall be from a preapproved source listed on the Department's Approved Products List. The HRP intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the HRP meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The HRP shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of HRP until the corrections necessary have been taken to ensure that the material conforms to the specifications. October 2, 2014 REVISION OF SECTION 603 CULVERT PIPE INSPECTION Section 603 of the Standard Specifications is hereby revised for this project as follows: Delete the first paragraph of subsection 603.09 and replace with the following: 603.09 Backfilling. After the conduit or section of conduit is placed, it shall be inspected before any backfill is placed. Reinforced concrete pipe (RCP) shall be visually inspected in accordance with AASHTO LRFD Bridge Construction Specifications, Section 27.6. Conduit found to be damaged shall be replaced, and conduit found to be out of alignment or unduly settled shall be taken up and relaid. The trench shall then be backfilled with material in accordance with Section 206. In subsection 603.09, delete the fifth paragraph. Add subsection 603.091 immediately following subsection 603.09 as follows: 603.091 Deflection Testing of Metal and Plastic Pipe. After a metal or plastic pipe is backfilled and earthwork over the pipe is complete to the top of the subgrade, the pipe deflection shall be measured in the presence of the Engineer. The maximum allowable deflection shall be 5 percent. Deflection is a reduction in the nominal diameter of the pipe measured in any direction. Measurement shall be made using a mandrel, laser profile, or other method approved by the Engineer. Measurement shall be made 30 days or more following the pipe installation. Pipe having any deflections in excess of 5 percent at any location within the pipe shall be removed and reinstalled at the Contractor's expense. Pipe that is permanently deformed or damaged in any way shall be replaced at the Contractor's expense. Replaced pipe shall be retested 30 days or more after the installation in accordance with the method described above. April 30, 2015 1 REVISION OF SECTIONS 603, 624, 705, 707 AND 712 DRAINAGE PIPE Sections 603, 624, 705, 707 and 712 of the Standard Specifications are hereby revised for this project as follows: Subsection 603.07 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Subsection 603.07(c) shall include the following: Watertight joint systems for plastic pipe shall conform to subsection 705.03. Subsection 624.02 shall include the following material type and requirement: Abbreviation Description ALT2 CSP Aluminized Corrugated Steel Pipe Type 2 Plastic Polyvinyl Chloride (PVC), Polyethylene (PE), Steel Reinforced Polyethylene (SRPE) and Polypropylene (PP) Subsection 707.11 712.13 In subsection 624.02 delete the third paragraph and replace it with the following: Connecting bands shall receive the same corrosion protection as the pipe with which they are used. Coatings conforming to the requirements of Sections 706 and 707 will be permitted as applicable. Connecting bands and pipe extensions shall be of similar metal, or of non-metallic material, to avoid galvanic corrosion. End sections for concrete or metal pipe shall be the same material as the pipe and meet the requirements for the same class as that specified for the pipe in accordance with Table 624-1. Plastic end sections shall not be used. When plastic pipe is to be installed with end sections, steel or concrete end sections meeting the same class as that specified for the pipe in accordance with Table 624-1 shall be used. In subsection 624.02 delete the fourth paragraph and replace it with the following: The Contractor may furnish any pipe material allowed in Table 624-1 for the class of pipe specified in the Contract except for storm drains. The Contractor may furnish RCP, PVC, SRPE or PP allowed in Table 624-1 for the class of pipe specified in the Contract for storm drains. The Contractor shall state at the preconstruction conference the pipe materials intended to be furnished. In subsection 624.02 delete Table 624-1 and replace it with the following: April 30, 2015 2 REVISION OF SECTIONS 603, 624, 705, 707 AND 712 DRAINAGE PIPE TABLE 624-1 Materials Allowed for Class of Pipe Material Allowed** Class of P'pe* 0 1 2 3 4 5 64 7 8 9 104 CSP YNNNNNNNNNN ALT2 CSP Y Y Y Y YNNNNNN Bit. Co. CSP Y Y1 NNNNNNNNN A.F. Bo. CSP Y Y Y Y Y Y YNNNN CAP Y Y2 Y2 Y2 Y2 YNNNNN PCSP bath sides Y Y Y Y Y Y YNNNN PVC6 Y Y Y Y Y Y Y Y Y Y Y PEG Y Y Y Y Y Y Y Y Y Y Y PPG Y Y Y Y Y Y Y Y Y Y Y SRPE Y Y Y Y Y Y Y Y Y Y Y RCP (SPO)3,5 YYNNNNNYNNN RCP (SP1)3.5 YYYNNNNYYNN RCP (SP2)3,5 Y Y Y Y Y N N Y Y Y N RCP (SP3)3.5 Y Y Y Y Y Y Y Y Y Y Y * As determined by the Department in accordance with Determination is based on abrasion and corrosion resistance. ** Y=Yes: N=No. 1 Coated Steel Structural Plate Pipe of equal or greater 510, may be substituted for Bit. Co. CSP at no additional 2 Aluminum Alloy Structural Plate Pipe of equal or greater Section 510, may be substituted for CAP at no additional 3 SP= Class of Sulfate Protection required in accordance revised for this project. RCP shall be manufactured using required to meet the SP class specified. 4 For pipe classes 6 and 10, the RCP shall be coated in 706.07 when the pH of either the soil or water is less than when RCP is to be coated. 5 Concrete shall have a compressive strength of 4500 psi 6 In accordance with subsection 712.13. the CDOT Pipe Selection Guide. diameter, conforming to Section cost to the project. diameter, conforming to cost to the project. with subsection 601.04 as the cementitious material accordance with subsection 5. The Contract will specify or greater. Subsection 624.03 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Watertight joint systems for plastic pipe shall conform to subsection 705.03. Installation for Aluminized Corrugated Steel Pipe Type 2 shall conform to all requirements for Corrugated Steel Pipe (CSP) including the fill height tables and requirements in Standard Plan M-603-1. Subsection 705.03 shall include the following: Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212. April 30, 2015 3 REVISION OF SECTIONS 603, 624, 705, 707 AND 712 DRAINAGE PIPE Add subsection 707.11 as follows: 707.11 Aluminized Corrugated Steel Pipe Type 2. Aluminized Corrugated Steel Pipe Type 2 shall conform to the requirements of AASHTO M 274. In subsection 712.13 (b), delete (1) and (2) and replace with the following: (1) AASHTO M 304 (Profile) for nominal pipe sizes of 4 to 36 inches. (2) ASTM F794 (Profile) for nominal pipe sizes 4 to 36 inches with 46 psi minimum pipe stiffness Add subsection 712.13 and (c) and (d) as follows: (c) Polypropylene (PP) Pipe. AASHTO M330 for nominal pipe sizes of 12 to 60 inches with the following exceptions: Type S and Type SP are acceptable (Type C, Type CP and Type D will not be accepted). The Contractor shall provide a polypropylene (PP) pipe product that is prequalified under the AASHTO National Transportation Product Evaluation Program (NTPEP). Only products from suppliers whose manufacturing plant and PP pipe products comply with this specification shall be placed by the Contractor. The current list of plants and PP pipe products that meet these requirements is located at: www.ntpep.org. The Contractor shall use plants listed as compliant and a size listed in the NTPEP reports on PP Thermoplastic Pipe. Every Certificate of Compliance (COC) on each diameter PP pipe product delivered to the project shall include a statement that the product has been manufactured at a NTPEP inspected plant, has been tested by NTPEP, has a NTPEP product number, and is currently on the NTPEP website. The COC shall confirm that the supplied pipe meets the applicable specification limits in subsection 712.13. Manufacturers shall remain acceptable to CDOT as long as the results of verification samples and performance in the field are satisfactory. Any changes in the PP pipe formulation will require re -submittal for prequalification testing by NTPEP. (d) Steel Reinforced Polyethylene (SRPE). SRPE pipe shall be AASHTO MP 20 ribbed pipe for nominal pipe sizes 12 to 60 inches with the following exceptions: (1) Nominal pipe sizes 30 to 60 inches are acceptable; nominal pipe sizes 12 to 27 inches will not be accepted. February 3, 2011 REVISION OF SECTION 612 DELINEATORS Section 612 of the Standard Specifications is hereby revised for this project as follows: In subsection 612.02(a) 1, delete the last sentence, and replace with the following: Posts shall conform to the requirements shown on the plans, and reflectors shall conform to the requirements in subsections 713.07 and 713.10. In subsection 612.02(a) 2.B, delete the first paragraph, and replace with the following: B. Base Anchoring. The posts shall be designed to facilitate a permanent installation that resists overturning, twisting, and displacement from wind and impact forces. It shall have an anchoring depth of 18 to 24 inches. Actual depth shall be as recommended by the manufacturer. If soil conditions prohibit anchoring depth to less than 18 inches, installation shall be in accordance with manufacturer's recommendations. May 12, 2016 1 REVISION OF SECTION 627 PREFORMED PLASTIC PAVEMENT MARKING Section 627 of the Standard Special Provisions is hereby revised for this project as follows: In subsection 627.08, delete the fourth, fifth and sixth paragraphs and replace with the following: The air and surface temperature shall be a minimum 40 °F or per manufacturer recommendation. In subsection 627.08, delete the fourteenth paragraph and replace with the following: The preformed plastic pavement marking shall be inlaid on new and existing pavements as shown in the Contract. The material shall be capable of use for patching worn areas of the same type according to the manufacturer's recommendations. The Contractor shall not perform wet cutting of pavement unless otherwise directed. Application and removal of temporary pavement marking associated with wet -cutting of pavement shall be at the Contractor's expense. In subsection 627.08 (a), delete the first paragraph and replace with the following: (a) Inlaid Preformed Plastic Pavement Marking. The grooved width for inlaid preformed plastic pavement marking is called for in the Contract, grooved width shall be the pavement marking width plus 1 inch, with a tolerance of ± 1/4 inch. The depth of the grooves shall be 130 mils ± 5 mils. Groove position shall be a minimum of 2 inches from the edge of the pavement marking to the longitudinal pavement joint. Grooving shall not be performed on bridge decks with Polyester Polymer Concrete Overlays. In subsection 627.13, delete the following pay items Pay Item Pay Unit Preformed Plastic Pavement Marking (_ mils) Square Foot Preformed Plastic Pavement Marking (Type _) Square Foot Preformed Plastic Pavement Marking (Word -Symbol) (Type _) Square Foot Preformed Plastic Pavement Marking (Xwalk-Stop Line) (Type _) Square Foot Section 627.13 shall include the following: Pay Item Pay Unit Preformed Plastic Pavement Marking (Word -Symbol) (Type I) (Inlaid) Square Foot Preformed Plastic Pavement Marking (Xwalk-Stop Line) (Type I) (Inlaid) Square Foot In subsection 627.13 delete the second and third paragraphs. May 8, 2014 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Sheeting Type IV Type VI (Roll -up sign material) Type Fluorescent1 Application Work Zone Work Zone Work Zone All Orange Construction Signs - - X Orange Construction Signs that are used only during daytime hours for short term or mobile operations X4 X Barricades (Temporary) X X Vertical Panels X X Flagers Stop/Slow Paddle X X Drums2 X X Non -orange Fixed Support signs with prefix "W" X Special Warning Signs X STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5 -1a) DO NOT ENTER sign (R5-1) EXIT sign (E5 -1a) X DETOUR sign (M4-9) or (M4-10) X All other fixed support signs3 X X All other signs used only during working hours K X Ail other signs that are used only during daytime hours for short term or mobile operations X X$ X 1 Fluorescent Sheeting shall 2 Drum Sheeting shall be manufactured 3 Fixed support signs are defined accordance with Standard 4 RS 24 only. 5 White only. be of a brand that is on the COOT Approved Products List. for flexible devices. as all signs that must remain in use outside of working hours. They shall be mounted in Plan 5-630-1. March 29, 2016 1 REVISION OF SECTION 702 BITUMINOUS MATERIALS Section 702 of the Standard Specifications is hereby deleted for this project and replaced with the following: 702.01 Asphalt Cements. (a) Superpave Performance Graded Binders. Superpave Performance Graded Binders shall conform to the requirements listed in Table 702-1. (Taken from AASHTO M 320) Asphalt cement shall not be acid modified or alkaline modified. Asphalt cement shall not contain any used oils that have not been re -refined. Modifiers that do not comply with environmental rules and regulations including 40 CFR Part 261.6(a) (3) (IV), and part 266/Subpart C shall not be added. Modifiers shall not be carcinogenic. The supplier of the PG binder shall be certified in accordance with CP 11. March 29, 2016 2 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-1 SUPERPAVE PERFORMANCE GRADED BINDERS Property Requirement for PG Binder AASHTO Test No. 58-28 58-34 64-22 64-28 70-28 76-28 Flash Point Temp., °C, minimum 230 230 230 230 230 230 T 48 Viscosity at 135 °C, Pass, maximum 3 3 3 3 3 3 T 316 Dynamic Shear, Temp. °C, where 58 58 64 64 70 76 T 315 G" /Sin 6 @ 10 rad/s ≥ 1.00 kPa Ductility, 4 °C (5 cm/min.), cm minimum - - - 50 - T 51 Toughness, joules (inch-Ibs) - - - 12.4 - CP-L 2210 (110) Tenacity, joules (inch-Ibs) - - - 8.5 - CP-L 2210 (75) Acid or Alkali Modification (pass - fail) Pass Pass Pass Pass Pass Pass CP-L 2214 RTFO Residue Properties CP-L 2215 Mass Loss, percent maximum 1.00 1.00 1.00 1.00 1.00 1.00 CP-L 2215 Dynamic Shear, Temp. °C, where G*/Sin 6 @ 10 rad/s ≥ 2.20 kPa 58 58 64 64 70 76 T 315 Elastic Recovery, 25 °C, percent min. Ductility, 4 °C (5 cm/min.), cm minimum - - - - - - - 20 50 - 50 - T 301 T 51 PAV Residue Properties, Aging R 28 Temperature 100 °C Dynamic Shear, Temp. °C, where 19 16 25 22 25 28 T 315 G"sSin 6 @ 10 rad/s ≤ 5000 kPa Creep Stiffness, @ 60 s, Test -18 -24 -12 -18 -18 -18 T 315 Temperature in °C S, maximum, MPa 300 300 300 300 300 300 T 313 m -value, minimum 0.300 0.300 0.300 0.300 0.300 0.300 T 313 March 29, 2016 3 REVISION OF SECTION 702 BITUMINOUS MATERIALS Acceptance Samples of the PG binder will be taken on the project in accordance with the Schedule in the Field Materials Manual. The Department will test for acid modification and alkaline modification during the binder certification process. Thereafter, the Department will randomly test for acid modification and alkaline modification. (b) Damp proofing. Asphalt for damp proofing shall conform to the requirements of ASTM D 449, and the asphaltic primer shall conform to the requirements of ASTM D 41. 702.02 Emulsified Asphalts. Emulsified asphalts shall conform to AASHTO M 140 or M 208 for the designated types and grades. Emulsified asphalt and aggregate used for surface seals shall be sampled and will be tested for information only in accordance with CP-L 2213. Emulsified asphalt (HFMS-2S) with a residual penetration greater than 300 dmm shall conform to all properties listed in AASHTO M 140, Table 1 except that ductility shall be reported for information only. (a) Emulsion for Tack and Fog Coats. Emulsions for tack and fog coats shall conform to the requirements listed in Table 702-2 or 702-3, prior to dilution. March 29, 2016 4 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-2 TACK AND FOG COAT EMULSIONS Property CSS-lh SS-lh AASHTO Test No. Viscosity, at 25 °C, Saybolt- min 20 20 T 59 Furol, s max 100 100 Storage stability, 24 hr, % max' 1.0 1.0 T 59 Particle charge test Positive T 59 Sieve test, % max 0.10 0.10 T 59 Oil Distillate by volume, % max 3.0 3.0 T-59 Residue by distillation/ evaporation, % min3 573 573 T 59/ 2 CP-L 2212 Tests on residue: Penetration, 25 °C, 100g, 5s, min, dmm 40 40 T 49 Penetration, 25 °C, 100g, 5s, max, dmm 120 120 Ductility, 25 °C, 5 cm/min, cm, min 40 40 T 51 Solubility, in trichloroethylene% min 97.5 97.5 T 44 'If successful application is achieved in the field, the Engineer may wave this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. (b) Emulsion for Chip Seals Polymerized emulsions for chip seals shall conform to the requirements listed in Table 702-3. Emulsion for chip seals shall be an emulsified blend of polymerized asphalt, water, and emulsifiers. The asphalt cement shall be polymerized prior to emulsification and shall contain at least 3 percent polymer by weight of asphalt cement. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation but shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a distributor. March 29, 2016 5 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-3 POLYMERIZED EMULSIONS FOR CHIP SEALS Property CRS -2 CRS -2P CRS -2R HFMS-2P AASHTO Test No. Tests on Emulsion: Viscosity, at 50 °C, Saybolt- min Furol, s max Storage stability, 24 hr, % max Particle charge test Sieve test, % max Demulsibility', % min Oil Distillate by volume, % max or range Residue by distillation/ evaporation, % min3 50 450 1.0 Positive 0.10 40 3.0 653 50 450 1.0 Positive 0.10 40 3.0 653 50 450 1.0 Positive 0.10 40 3.0 653 50 450 1.0 0.10 3.0 653 T 59 T 59 T 59 T 59 T 59 T-59 T 59/ CP-L 22122 Tests on residue: Penetration, 25 °C, 100g, 5s, min, dmm 70 70 70 70 Penetration, 25 °C, 100g, 5s, max, dmm 150 150 150 150 Ductility, 25 °C, 5 cm/min, cm, min 40 Ductility, 4 °C, 5 cm/min, cm, min Solubility, in trichloroethylene% min4 Elastic Recovery, 25 °C min Float Test, 60 °C, s min Toughness, in-Ibs, min Tenacity, in-Ibs, min 97.54 40 97.54 97.54 70 90 45 45 If successful application is achieved in the field, the Engineer may waive this requirement. T 49 75 T 51 97.54 T 44 58 T 301 1200 T 50 CP-L 2210 CP-L 2210 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. 4 Solubility may be determined on the base asphalt cement prior to polymer modification. March 29, 2016 6 REVISION OF SECTION 702 BITUMINOUS MATERIALS (c) Emulsion for Slurry Seals and Micro -Surfacing. Emulsions for slurry seals and micro -surfacing shall conform to the requirements listed in Table 702-4. The modified emulsion shall contain a minimum of 3 percent polymer, SBR latex, or natural latex by weight. Table 702-4 SLURRY SEAL AND MICRO -SURFACING EMULSIONS Property CQS-1hL CQS-1hP AASHTO Test No. Viscosity, at 25 °C, Saybolt- min 15 15 T 59 Furol, s max 100 100 Storage stability, 24 hr, % max' 1.0 1.0 T 59 Particle charge test Positive Positive T 59 Sieve test, % max 0.10 0.10 T 59 Oil Distillate by volume, % max 0.5 0.5 T-59 Residue by distillation/ evaporation, % min3 623 623 T 59/ 2 CP-L 2212 Penetration, 25 °C, 100g, 5s, min, dmm 40 40 T 49 Penetration, 25 °C, 100g, 5s, max, dmm 150 150 Ductility, 25 °C, 5 cm/min, cm, min 50 50 T 51 Solubility, in trichloroethylene% min 97.5 97.5 T 44 'If successful application is achieved in the field, the Engineer may wave this requirement. 2 CP-L 2212 is a rapid evaporation test for determining percent residue of an emulsion and providing material for tests on residue. CP-L 2212 is for acceptance only. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test in conformance with AASHTO T-59 to determine acceptability. 3 For polymerized emulsions the distillation and evaporation tests will in be in conformance with AASHTO T-59 or CP-L 2212 respectively with modifications to include 205 ± 5 °C (400 ± 10 °F) maximum temperature to be held for 15 minutes. March 29, 2016 7 REVISION OF SECTION 702 BITUMINOUS MATERIALS (d) Emulsion for Prime Coat. Emulsion for prime coat shall conform to the requirements of Table 702-5. Circulate before use if not used within 24 hours. Table 702-5 ASPHALT EMULSION FOR PRIME COAT (AEP) Property Requirement AASHTO Test No. Viscosity, Saybolt Furol, at 50 °C (122 °F), s % Residue Oil Distillate by Volume, % 20-150 65% min. 7% max. T 59 T 59 to 260 °C (500 °F) T59 Tests on Residue from Distillation: Solubility in Trichloroethylene, % 97.5 min. T 44 (e) Recycling Agent. Recycling Agent for Item 406, Cold Bituminous Pavement (Recycle), shall be either a high float emulsified asphalt (polymerized) or an emulsified recycling agent as follows: 1. High Float Emulsified Asphalt (Polymerized). High Float Emulsified Asphalt (Polymerized) for Cold Bituminous Pavement (Recycle) shall be an emulsified blend of polymer modified asphalt, water, and emulsifiers conforming to Table 702-6 for HFMS-2sP. The asphalt cement shall be polymerized prior to emulsification, and shall contain at least 3 percent polymer. The emulsion standing undisturbed for a minimum of 24 hours shall show no white, milky separation, and shall be smooth and homogeneous throughout. The emulsion shall be pumpable and suitable for application through a pressure distributor. March 29, 2016 8 REVISION OF SECTION 702 BITUMINOUS MATERIALS Table 702-6 HIGH FLOAT EMULSIFIED ASPHALT (POLYMERIZED) (HFMS-2sP) Property Requirement AASHTO Test Minimum Maximum Tests on Emulsion: Viscosity, Saybolt Furol at 50 °C (122 °F), sec 50 450 T 59 Storage Stability test, 24 hours, % 1 T 59 Sieve test, % 0.10 T 59 % Residue' 65 T 59 Oil distillate by volume, % 1 7 T 59 Tests on Residue: Penetration, 25 °C (77 °F), 100g, 5 sec 150 3002 T 49 Float Test, 60 °C (140 °F), sec 1200 T 50 Solubility in TCE, % 97.5 T 44 Elastic Recovery, 4 °C (39.2 °F), % 50 T 301 1400 ± 10° F maximum temperature to be held for 15 minutes. 2When approved by the Engineer, Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm may be used with Cold Bituminous Pavement (Recycle) to address problems with cool weather or extremely aged existing pavement. Emulsified Asphalt (HFMS-2sP) with a residual penetration greater than 300 dmm shall meet all properties listed in Table 702-4 except that Elastic Recovery shall be reported for information only. March 29, 2016 9 REVISION OF SECTION 702 BITUMINOUS MATERIALS 2. Emulsified Recycling Agent. Emulsified Recycling Agent for use in Cold Bituminous Pavement (Recycle) shall conform to the requirements in Table 702-7. Table 702-7 EMULSIFIED RECYCLING AGENT Property Requirement Test Minimum Maximum Tests on Emulsion: Viscosity @ 25 °C, SFS 20 200 ASTM D 244 Pumping Stability Pass GB Method' ASTM D 2442 Sieve Test, %w 0.1 Cement Mixing, %w 2.0 ASTM D 244 Particle Charge Positive ASTM D 244 Conc. Of Oil Phase 64 ASTM D 2443 Tests on Residue: Viscosity @ 60 °C , CST 2000 4000 ASTM D 2170 Flash Point, COC, °C (° F) 232 ASTM D 92 Maltenes Dist. PC+A1 ASTM Ratio4 S+A2 0.3 0.6 D 2006 ASTM PC/S Ratio 0.4 D 2006 ASTM Asphaltenes, % max. 11.0 D 2006 'Pumping stability is determined by charging 450 ml of emulsion into a one liter beaker and circulating the emulsion through a gear pump (Roper 29.B22621) having a 6.3 mm (1/4 inch) inlet and outlet. The emulsion passes if there is no significant separation after circulating ten minutes. 2Test procedure identical with ASTM D 244 except that distilled water shall be used in place of 2 percent sodium oleate solution. 3ASTM D 244 Evaporation Test for percent of residue is modified by heating 50 gram sample to 149°C (300 °F) until foaming ceases, then cooling immediately and calculating results. 4In the Maltenes Distribution Ratio Test by ASTM Method D 2006. PC = Polar Compounds S = Saturates Ai = First Acidaffin A2 = Second Acidaffins March 29, 2016 10 REVISION OF SECTION 702 BITUMINOUS MATERIALS (f) Asphalt Rejuvenating Agents. Asphalt rejuvenating agents (ARA) shall be composed of a petroleum resin -oil base uniformly emulsified with water and shall conform to the physical and chemical requirements of Table 702-8 or ASTM D 4552. Table 702-8 ASPHALT REJUVENATING AGENT Property Test Method Requirement Viscosity, S.F., @ 25 °C (77 °F), 'Residue, % min. 2Miscibility Test 3Sieve Test, % max. Particle Charge Test ASTM D244 (Mod): Viscosity, 60 °C (140 °F), mm2/s Flash Point, COC, °C, min. Asphaltenes, % max. 4Maltenes Dist. PC+Ai Ratio S+A2 ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 244 ASTM D 445 ASTM D 92 ASTM D2006 ASTM D 2006 20-40 60-65 No coagulation 0.10 Positive 100 - 200 196 1.0 0.3-0.6 Saturated Hydrocarbons, % ASTM 21-28 D 2006 ASTM D244 Modified Evaporation Test for percent of residue is made by heating 50 -gram sample to 149 °C (300 °F) until foaming ceases, then cooling immediately and calculating results. 2 Test procedure identical with ASTM D244 except that 0.02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedure identical with ASTM D244 except that distilled water shall be used in place of 2% sodium oleate solution. 4 In the Maltenes Distribution Ratio Test by ASTM Method D4124: PC = Polar Compounds S = Saturates A, = First Acidaffin A2 = Second Acidaffins March 29, 2016 11 REVISION OF SECTION 702 BITUMINOUS MATERIALS For hot -in -place recycling ARA-1 P is an acceptable alternative to ARA. ARA-1 P shall meet the requirements below: Emulsified Polymer Modified Asphalt Rejuvenating Agent (ARA-1 P) for use in hot -in -place recycling of bituminous pavements shall be modified with a minimum of 1.5 percent styrene -butadiene solution polymer. The finished product shall conform to the physical requirements listed in Table 702-9 below. Table 702-9 ARA-1P Property Test Method Min Max Test on Emulsion Viscosity, Saybolt-Furol @ 77 °F, s Residue @ 350 °F, % Sieve Test, % Oil distillate, % ASTM D 244 ASTM D 244 Mod ASTM D 244 ASTM D 244 60 100 0.10 2.0 Test on Residue Penetration @ 39.2 °F, 100g, 5s, dmm Asphaltenes, % ASTM D-5 Modified ASTM D 4124 150 250 15 702.03 (unused) 702.04 Hot Poured Joint and Crack Sealant. Hot poured material for filling joints and cracks shall conform to the requirements of ASTM D 6690, Type II or Type IV. The concrete blocks used in the Bond Test shall be prepared in accordance with CP-L 4101. Sealant material shall be supplied pre -blended, pre -reacted, and prepackaged. If supplied in solid form the sealant material shall be cast in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing liquid. The sealant shall be delivered in the manufacturer's original sealed container. Each container shall be legibly marked with the manufacturer's name, the trade name of the sealer, the manufacturer's batch or lot number, the application temperature range, the recommended application temperature, and the safe heating temperature. The sealant shall be listed in CDOT's Approved Products List prior to use. November 1, 2012 1 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings 5, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST —shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non -plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, 5, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Sieve Size Percent by Weight Passing Square Mesh Sieves Grading SF** Grading ST Grading SX Grading S Grading SG 37.5 mm (11/2„) 100 25.0 mm (1") 100 90 - 100 19.0 mm (3/4") 100 90 - 100 12.5 mm (1/2") 100 90 - 100 * * 9.5 mm (%") 100 90 - 100 * * * 4.75 mm (#4) 90 - 100 * * * * 2.36 mm (#8) * 28 - 58 28 - 58 23 - 49 19 - 45 1.18 mm (#16) 30 - 54 600 µm (#30) * * * * * 300 µm (#50) 150 µm (#100) 75µm(#200) 2-12 2-10 2-10 2-8 1-7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. **SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (1/2 inch) and shall be non -plastic when tested in accordance with AASHTO T 90. November 1, 2012 2 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Additionally, each source of aggregate for SMA shall meet the following requirements: (1) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small - Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 703-4A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Combined Aggregate (Mix Design) Combined Aggregate (1/10,000 tons, or fraction thereof during production) Not to exceed 18 20 July 28, 2011 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. February 18, 2016 REVISION OF SECTION 709 EPDXY COATED REINFORCING BARS Section 709 of the Standard Specifications is hereby revised for this project as follows: In subsection 709.01, delete the last row of the table and replace with the following Epoxy Coated Reinforcing Bars AASHTO A 775 Delete the first sentence of subsection 709.03 and replace with the following: Tie bars for longitudinal and transverse joints shall conform to AASHTO A 775 and shall be grade 40, epoxy - coated, and deformed. November 1, 2012 1 REVISION OF SECTION 712 GEOTEXTI LES Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, delete the third and fourth paragraphs and replace with the following: Physical requirements for all geotextiles shall conform to the requirements of AASHTO M-288. Materials shall be selected from the New York Department of Transportation's Approved Products List of Geosynthetic materials that meet the National Transportation Product Evaluation Program (NTPEP) and AASHTO M-288 testing requirements. The current list of products that meet these requirements is located at: www.dot. ny.gov The Geotextile Approved Products List may be accessed by clicking on the following tabs once on the NYDOT site to: (1) A To Z Site Index (2) Approved List (3) Approved Products (4) Materials and Equipment (5) Geosynthetics for Highway Construction (6) Geotextiles In subsection 712.08, delete Table 712-2 and replace with the following November 1, 2012 2 REVISION OF SECTION 712 GEOTEXTI LES Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Turbulent Flow Particle Size Range Millimeters (inches) Effective Size Permeability Coefficient k cmis D max D min D 20 mm (inches) Derrick STONE 3000 (120) 900 (36) 1200 (48) 100 One-man STONE 300 (12) 100 (4) 150 (6) 30 Clean, fine to coarse GRAVEL 80 (3) 10 ('/4) 13 (%z) 10 Fine, uniform GRAVEL 8 (%) 1.5 (iii6) 3 (%) 5 Very coarse, clean, uniform SAND 3 (%) 0.8 C/32) 1.5 (1/16) 3 Laminar Flow Uniform, coarse SAND 2 (%) 0.5 ('?64) 0.6 0.4 Uniform, medium SAND Clean, well -graded 0.5 0.25 0.3 0.1 SAND & GRAVEL 10 0.05 0.1 0.01 Uniform, fine SAND 0.25 0.05 0.06 40 x 10-4 Well -graded, silty SAND & GRAVEL 5 0.01 0.02 4 x 10' Silty SAND 2 0.005 0.01 1.0 x 10' Uniform SILT 0.05 0.005 0.006 0.5 x 104 Sandy CLAY 1.0 0.001 0.002 0.05 x 10-4 Silty CLAY 0.05 0.001 0.0015 0.01 x 104 CLAY (30% to 50% clay sizes) 0.05 0.0005 0.0008 0.001 x 10"4 Colloidal CLAY (-2 Jim 50%) 0.01 10 40 10 ' Basic Soils Engineering, R.K. Hough, 2nd Edition, Ronald Pess Co.; 1969, Page 76. Note: Since the permeability coefficient of the soil will be unknown in most non- critical, non -severe applications for erosion control and drainage, the soil - permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of the fabric with that of the in - place soil February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. May 2, 2013 REVISION OF SECTION 713 REFLECTORS FOR DELINEATORS AND MEDIAN BARRIER Section 713 of the Standard Specifications is hereby revised for this project as follows: In subsection 713.10(a) 1., delete A. and replace with the following A. Delineator and Median Barrier Reflectors. The specific intensity of each delineator and median barrier reflector shall be at least equal to the following minimum values when tested in accordance with AASHTO T 257, with an observation angle of 0.1 degrees. Entrance Angle Degrees Specific Intensity Candlepower per Foot -Candle Crystal Yellow Blue Red Green 0 20 115 45 70 25 48 26 25 10 62 34 February 3, 2011 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 Invol►red 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 February 3, 2011 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 form 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. 3. 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. 4. 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. February 3, 2011 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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); (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. February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The 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. f. 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. February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. 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. h. 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. i. 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. J• 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. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. 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. m. 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. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. 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. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought 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). February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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, preapprenticeship, 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 an 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. February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (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, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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 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 of 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 thorough 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. February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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. December 26, 2013 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 1. Overview The Disadvantaged Business Enterprise (DBE) Program is a federally -mandated program that seeks to ensure non-discrimination in the award of U.S. Department of Transportation (DOT) -assisted contracts and to create a level playing field on which DBEs can compete fairly for DOT -assisted contracts. To such end, CDOT sets a contract goal for DBE participation for each DOT -assisted Contract. In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to meet the goal or has otherwise made good faith efforts to do so. CDOT will amend the goal prior to award if the lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the goal could not be obtained. CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor's DBE commitments are being fulfilled. Modifications to the commitments must be approved by CDOT. CDOT may withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of this special provision. Upon completion of the Contract, CDOT may reduce the final payment to the Contractor if the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal. For general assistance regarding the DBE program and compliance, contact CDOT's Civil Rights and Business Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer. All forms referenced herein can be found on the CDOT website in the forms library: http://www.coloradodotinfo/library/forms/cdot-forms-by-number 2. Contract Assurance By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it verbatim in all (including non -DBE) subcontracts: The contractor, subrecipient 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 CDOT deems appropriate. 3. Definitions Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and Bridge Construction. A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area, designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT. B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing and supervising the work as further described in Section 8 below. C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation. The contract goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise Contract Goal. (1) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE participation. For determining whether the contract goal was met prior to award, the contract goal shall be based upon the proposal amount excluding force account items. For determining whether the contract goal was met during and upon completion of the project, the contract goal shall be based upon the total earnings amount. (2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but made good faith efforts to do so, the contract goal will be amended and the revised contract goal will be provided on Form 1417, Approved DBE Participation Plan. D. Disadvantaged Business Enterprise (DBE). A Colorado -certified Disadvantaged Business Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe org. E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT's policies and procedures for administering the DBE program. A copy of the DBE Program Manual is available on the CRBRC webpage. F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in Section 4 below. G. Good Faith Efforts. All necessary and reasonable steps to achieve the 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. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A. H. Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE firm and a material supplier or other third party for materials or services to be incorporated into the work. I. Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction constitutes a partial termination. J. Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of the Contract. For purposes of this special provision, the term subcontractor includes suppliers. K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the contract as a result of a reduction or termination. L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a commitment. M. Total Earnings Amount: Amount of the Contract earned by the Contractor, including approved changes and approved force account work performed, but not including any deductions for liquidated damages, price reduced material, work time violations, overweight loads or liens. The amount of the Contract earned does not include plan force account items (i.e. OJT, pavement incentives, etc). N. Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm's profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on whether a work code covers the work to be performed. 4. Eligible Participation The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation on the Contract: A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed to be included in the work area and work code identified by the Contractor in the approved commitment. (1) If the Contractor intends to use a DBE for work that was not listed in the commitment, the Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the modification. Unapproved work will not count toward the contract goal. (2) A DBE commitment cannot be modified to include work for which the DBE was not certified at the time of the approval of the original commitment. B. DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon submission of the commitment and upon execution of the DBE's subcontract. (1) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit, CDOT determines that the DBE is no longer certified in the work code which covers the work to be performed, the Contractor may not use the DBE's participation toward the contract goal. The Contractor shall terminate the DBE commitment and seek substitute DBE participation in accordance with Section 9 below. (2) A DBE's work will continue to count as eligible participation if the DBE was certified upon approval of Form 205 or 205B, Sublet Permit and the certification status changes during the performance of the work. (3) Suppliers must be certified upon execution of the purchase order. C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with its own forces. (1) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE for its work on the Contract, including any equipment leased by the DBE, provided that such supplies or equipment are not purchased or leased from the Contractor or a subcontractor that is subletting to the DBE. (2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by such DBE shall count toward the contract goal. D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by non -DBE subcontractors, including non -DBE trucking firms and owner -operators, shall be deducted from the DBE's participation. E. DBE Received Payment for the Work. Eligible participation only includes work for which the DBE has received payment, including the release of its retainage. F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE may be classified as a manufacturer, dealer or broker. The DBE's status as a manufacturer, dealer or broker is determined on a contract -by -contract basis and is based upon the actual work performed. (1) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the commitment will count as eligible participation. (2) When a DBE is deemed to be acting as a regular dealer (i.e. non -manufacturer supplier), only sixty percent of the commitment will count as eligible participation. (3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will count as eligible participation. G. Reasonable Fee for Contract -Specific Services. Services shall count toward the contract goal only if they are specifically required for the performance of the Contract. Non -contract specific expenses may not be counted toward the contract goal. Fees for services must be reasonable. Services include but are not limited to professional services, public involvement, etc. In the case of temporary employment placement agencies, only the placement fee for an individual to be specifically and exclusively used for work on the contract shall count as eligible participation. H. Pre -Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE must apply to CDOT to determine how much of the work performed by the joint venture will count toward the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days before the submission of the Proposal to ensure sufficient time for review. 5. Proposal Requirements In order to be eligible for award, the following shall be submitted with the proposal, or, for electronic bidders, via email to cdot hq dbeforms@state co.us by the proposal submission deadline. In order to avoid an error within the electronic bidding system, electronic bidders shall also enter the total percentage of anticipated eligible DBE participation into the Form 714 and electronically sign the form. A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non -DBE subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form 1413 will result in rejection of the proposal. B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall submit Form 1414 to document anticipated DBE participation. (1) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed Form 1414 shall result in rejection of the proposal. (2) The bidder shall list the DBE, work area(s), commitment amount and estimated eligible participation for each commitment. Once Form 1414 is submitted, a commitment may only be terminated or reduced in accordance with Section 9 below. The bidder is responsible for ensuring that commitments, and the estimated eligible participation resulting therefrom, have been properly calculated prior to submitting its proposal. (3) If the bidder is a DBE, the bidder must include itself in Form 1414 and list the work area(s) and amount that it intends to self -perform and count as eligible participation on the contract. (4) Commitments may be made to second tier or lower DBE subcontractors; however, the Contractor is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415, Commitment Confirmation. 6. Additional Forms Due Prior to Award. If the contract goal is greater than zero, or if the bidder has voluntarily made commitments, the Bidder shall submit the following forms within five calendar days of selection as the lowest apparent bidder: A. Form 1415, Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Form 1414. The bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT. The bidder shall contact CDOT if any issues arise which may require the bidder to alter or terminate a commitment. B. Form 1416, Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet the contract goal, the lowest apparent bidder shall also submit Form 1416, Good Faith Effort Report and any supporting documentation that the bidder would like considered by CDOT as evidence of good faith efforts. 7. Commitment and Good Faith Effort Review A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the commitment is valid and has been properly calculated. CDOT may investigate or request additional information in order to confirm the accuracy of a commitment. If CDOT determines that the total estimated eligible participation of the commitments does not meet the contract goal, within two business days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder shall submit Form 1416 to CDOT. B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s does not meet the contract goal, CDOT will review Form 1416 and all supporting documentation submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to obtain DBE participation. CDOT will use 49 CFR Part 26, Appendix A as a guide for determining whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified and the bidder cannot establish a reasonable basis for its determination. CDOT may consider and approve commitments made after submission of the bid if the Bidder demonstrates that (1) good faith efforts were made prior to submission of the bid and (2) there is a reasonable justification for not obtaining the commitments prior to submission of the bid. C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith efforts to meet the contract goal, it will provide the bidder with written notice of its determination and an opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal Process, which is an Appendix Ito the DBE Program Manual. A copy of the Good Faith Effort Appeal Process will be included in the written notice from CDOT. D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan, documenting the approved commitments. If CDOT determines that the bidder did not meet the contract goal but made good faith efforts to do so, via the Form 1417 CDOT will amend the contract goal in accordance with the commitments that were obtained and attach an explanation of its determination. 8. Ongoing Oversight of DBE Participation A. Consistency Review. CDOT will review Form 205 or 205B, Sublet Permit Application to determine whether the work being sublet is consistent with the DBE commitments. CDOT may withhold approval of the sublet or stop performance of the work if the Contractor has reduced, terminated, or otherwise modified the type or amount of work to be performed by a DBE without seeking prior approval. B. Form 1419, DBE Participation Report. The Contractor shall submit Form 1419, DBE Participation Report to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion of the Contract. CDOT may withhold progress payments if the quarterly Form 1419 is not received on time. CDOT will not provide final payment on the Contract in accordance with subsection 109.09 of CDOT's Standard Specifications for Road and Bridge Construction until the final Form 1419 has been reviewed and approved. C. Joint Checks. All joint checks must be approved by CDOT before they are used in payment to a DBE. Joint checks used in payments to DBEs will be monitored closely to ensure (1) the DBE is performing a CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the reason for the joint checks and the approximate number of checks that will be needed. D. Commercially Useful Function. CDOT will monitor performance during the Contract to ensure each DBE is performing a CUF. If CDOT determines that a DBE is not performing a CUF, no work performed by such DBE shall count as eligible participation. The DBE, Contractor, and any other involved third parties may also be subject to additional enforcement actions. (1) When determining whether a DBE is performing a CUF, CDOT will consider the amount of work subcontracted, industry practices, the amount the firm is to be paid compared to the work performed and eligible participation claimed, and any other relevant factors. (2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE must be responsible for negotiating price, determining quality and quantity, ordering the material, installing the material, if applicable, and paying for the material itself. (3) With respect to trucking, in order to perform a CUF, the DBE trucking firm must own and operate at least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE trucking firm must be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. (4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, contract or project through which funds are passed in order to obtain the appearance of DBE participation. CDOT will evaluate similar transactions involving non -DBEs in order to determine whether a DBE is an extra participant. (5) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved, CDOT will presume that the DBE is not performing a CUF. The DBE may present evidence to rebut this presumption. (6) If the Contractor disagrees with CDOT's determination regarding CUF, in accordance with 49 CFR 26.55 the Contractor may seek review of the determination by the applicable USDOT operating administration, however, CUF determination is not subject to administrative appeal. 9. DBE Participation Plan Modifications A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all requests for termination, reduction, substitution, and waivers to CDOT. One Form 1420 may include multiple requests and must be submitted at the time of the occurrence or, if that is not possible, within a reasonable time of the occurrence requiring termination, reduction, substitution or waiver. B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without CDOT's approval. Terminations and reductions include, but are not limited to, instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those of an affiliate, a non -DBE firm or with another DBE firm. In order to receive approval, the Contractor shall: (1) Have good cause for termination or reduction. Good cause may include: (i) the DBE fails or refuses to execute a written contract; (ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry standards, provided that such failure is not the result of bad faith or discriminatory actions of the Contractor or one of its subcontractors; (iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements; (iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) the DBE is ineligible to work because of suspension or debarment proceedings or other state law; (vi) the DBE is not a responsible contractor; (vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT, (viii) the DBE is ineligible to receive DBE credit for the work required; (ix) the DBE owner dies or becomes disabled and is unable to complete the work; (x) the DBE ceases business operations or otherwise dissolves; (xi) or other documented good cause that compels termination. Good cause does not exist if the Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor can self -perform the work for which the DBE was engaged or so that the Contractor can substitute another DBE or non -DBE contractor after contract award. (2) Provide the DBE notice of the Contractor's intent to terminate or reduce the commitment and the reason for such termination or reduction, with a copy to CDOT; (3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and inform CDOT and the Contractor of the reasons, if any, why it objects to the proposed termination or reduction and any reasons that it shall not be approved. The Contractor is not required to provide the five calendar days written notice in cases where the DBE in question has provided written notice that it is withdrawing from the subcontract or purchase order. The notice period may be reduced by CDOT if required by public necessity. (4) Following the notice period, if the Contractor decides to proceed, submit Form 1420 requesting approval of the termination or reduction. (5) When a commitment is terminated or reduced (including when a DBE withdraws), make good faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the participation that was terminated or reduced up to the contract goal. C. Contract Changes. In the event of a contract change: (1) If CDOT eliminates or reduces work committed to a DBE, such change shall be considered good cause for termination or reduction in accordance with Section 9.B above. The Contractor shall follow the processes outlined in Section 9.B but is not required to substitute. If the change reduces the Contractor's DBE participation to below the contract goal, the Contractor shall indicate so on a Form 1420 and request a waiver of the unmet participation. (2) If CDOT issues a change which increases or adds new work items, the Contractor shall ensure that it has obtained sufficient DBE participation to meet the Contract Goal, or has made good faith efforts to do so. D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved termination or reduction or a change to the Contract, the Contractor shall: (1) Increase the participation of a DBE for any work items previously identified in an approved commitment without seeking CDOT approval; provided, however, that at its discretion, CDOT may request a Form 1420 documenting such additional participation; or (2) If the Contractor needs to add new work to a commitment or obtain additional participation from a DBE that is not already participating on the contract pursuant to an approved commitment, submit a Form 1420 and Form 1415 requesting approval of the additional participation; or (3) If the Contractor determines that additional DBE participation cannot be obtained, submit a Form 1420 requesting waiver of the participation. The Contractor shall include its justification for not obtaining additional participation and, at its discretion, CDOT may require additional information regarding the efforts of the Contractor. 10. Payment Reduction The Contractor's retainage will not be released until CDOT has determined whether the Contractor will be subject to a payment reduction. Payment reductions will be calculated as follows: A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will be subject to a payment reduction for any termination or reduction which was not approved via a Form 1420. B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal, the Contractor will be subject to a payment reduction for the portion of the contract goal that was not met and was not waived via an approved Form 1420. C. Duplication. The contractor will not be subject to duplicate reduction for the same offense. D. Adjustments. CDOT may adjust the payment reduction wherein the Contractor demonstrates that its failure to obtain DBE participation was due to circumstances outside of its control. 11. Other Enforcement A. Investigations. As it determines necessary, CDOT may conduct reviews or investigations of participants. All participants, including, but not limited to, DBE firms and applicants for DBE certification, complainants, and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with compliance reviews, certification reviews, investigations, and other requests for information. B. Intimidation and retaliation. Participants shall not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the DBE program. C. Consequences of Non -Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future contracts and/or suspension and debarment). D. Fraud and Misrepresentation. If CDOT determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by CDOT to be unallowable, or if the Contractor engages in repeated violations, falsification or misrepresentation, CDOT may: (1) refuse to count any fraudulent or misrepresented DBE participation; (2) withhold progress payments to the Contractor commensurate with the violation; (3) suspend or reduce the Contractor's prequalification status; (4) refer the matter to the Office of Inspector General of the US Department of Transportation for investigation; or (5) seek any other available contractual remedy. -1- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 Decision Nos. CO160024 dated January 08, 2016 supersedes Decision Nos. CO150024 dated January 02, 2015. Modifications ID MOD Number Date Page Number(s) 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. CO160024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO 160024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.73 9.15 1715 Watson 2500 similar or larger 25.04 9.15 Oiler 1716 Weld 24.88 9.15 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 DATE 01-08-16 -2- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 DATE 01-08-16 General Decision No. CO 160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code 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 -3- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 DATE 01-08-16 General Decision No. CO 160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate 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 -4- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 DATE 01-08-16 General Decision No. CO 160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't): 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 -5- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 DATE 01-08-16 General Decision No. CO 160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotomill 1783 Larirner 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larirner 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larirner 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 Larirner 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larirner 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larirner 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 -6- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 DATE 01-08-16 General Decision No. CO 160024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (con't.): Lowboy Truck 1801 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. -7- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO160024 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling DATE 01-08-16 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. CO160024 July 29, 2011 1 ON THE JOB TRAINING This training special provision is an implementation of 23 U.S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1. The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan. The Contractor shall provide at a minimum, required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link 11up:../www.coloradodol.info'business,equa1- opportunil vitraining. htrnl 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U. S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 COA.dot.state.co.us 1-800-925-3427 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program. The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed. July 29, 2011 2 ON THE JOB TRAINING 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training. 11. Upon completion of training, transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://www.coloradodot.info/businessibidding/BiddIng%20Forms/Bid%20Winner%20Forms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women, and disadvantaged for training; B. The potential for effective training; C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location; G. Type of work; and H. The need for additional journey workers in the area I. The general guidelines for minimum total training hours are as follows: Contract dollar value Up to 1 million >1 - 2 million >2 - 4 million >4 - 6 million >6 - 8 million >8 - 12 million >12 - 16 million >16 - 20 million For each increment of $5 million, over $20 million Minimum total training hours to be provided on the project 0 320 640 1280 1600 1920 2240 2560 1280 July 29, 2011 3 ON THE JOB TRAINING 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours - B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed. Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the disincentives to be assessed. October 31, 2013 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. October 31, 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated 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. 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. 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 October 31, 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. October 31, 2013 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 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. October 31, 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid 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 (W H-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and October 31, 2013 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (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 - 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 W H-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.goviesa/whd/forms/wh347instr.htm October 31, 2013 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form W H-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. lithe 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 October 31, 2013 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 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. 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 October 31, 2013 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 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 October 31, 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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. 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. 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 October 31, 2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more - as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https.//www.cpls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. October 31, 2013 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https.//www.cpls.qov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 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 October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 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 subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors 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. PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Interstate Highway Construction, Inc. (Name of Contractor) 7135 S. Tucson Way, Englewood, CO 80112 Bond No, 8244-63-47 (Address of Contractor) Corporation Contractor, and a (Corporation, Partnership, or Individual) Federal Insurance Company (Name of Surety) 202B Halls Mill Road, Whitehouse Station, NJ 08889-1600 hereinafter called (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) Three Milion Four Hundred Forty Seven Thousand hereinafter called Owner, in the penal sum of One Hundred Forty Six Dollars And 651100--- Dollars, ($ 3,447,146,65--- in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a 7 certain Contract with the Owner, dated the 11th day of January 2018, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 # B1600115 Page 38 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 12TH day of January N/A (SEAL) ,201a.7 (Contractor) Secretary (Witness as to Contractor) P. 0. Box 4356 (Address) Englewood, CO 80155 ATTEST: N/A (Surety) Secretary (SEAL) By: Sheafa Mantoy2- W itneA as tot, surety Interstate Highway Construction, Inc. By 7135 So. Tucson Way tdall, resident (Address) Englewood, CO 80112 Federal Insurance Company g 7 Mona D. Weaver Attorney -in -Fact 8110 E, Union Ave, Suite 700 2028 Halls Mill Road (Address) (Address) Denver, CO 80237 Whitehouse Station, NJ 08889-1600 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 # B1600115 Page 39 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that Interstate Highway Construction, Inc. Bond No. 8244-63-47 (Name of Contractor) 7135 So. Tucson Way, Englewood, CO 80112 (Address of Contractor) Corporation , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Federal Insurance Company (Name of Surety) 202B Halls Mill Road, Whitehouse Station, NJ 08889-1600 (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 Three Million Four Hundred Forty Seven Thousand One Hundred Forty Six Dollars And 651100 Dollars ($ 3,447,146,65 ) in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 11th day of January 201S,7 a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 47/SH 392 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1600115. 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 # B1600115 Page 40 P. O. Box 4356 (Address) Englewood, CO 80155 ATTEST: N/A (Surety) Secretary (SEAL)_. 1 By: ' ,114 / ft WitOe ss as to Sucety Sfieila J 8'1`10 E. Union Ave, Suite 700 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: WCR 477511 392 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 12th day of January , 20107 Interstate Highway Construction, Inc. s ontractor N/A (SEAL) (Contractor) Secretary By Jim ndall, P esident 7135 So. Tucson Way _ (Witness as to Contractor) (Address) Englewood, CO 80112 Federal Insurance Company 0/-X(Allri BY' Montoya / Mona D. Weaver Attorney -in -Fact 202E Halls Mill Road (Address) Denver, CO 80237 (Address) Whtehouse Station, NJ 08889-1600 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 #f B1800115 Page 41 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Attn: Surety Department 11S Mountain View Road I Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shaleen R. Lovitt and Angela R. Yanofsky of Phoenix, Arizona; Janet M, Elwell, Anal Jain, Charles M. McDaniel, Sheila J. Montoya, Angela M. Tindol and Mona D. Weaver of Denver, Colorado each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business. and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. in Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI'T'Y COMPANY have each executed and attested t presents and affixed their corporate seals on this 24'" day of August, 2016, M1I. Ch lows, Assistant Secretary STATE OF NEW JERSEY County of Somerset La. On this 24'' day of August, 2OIG before me, a Notary Public of Newlersey, personally came Dawn M, Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with David B. Norris, Jr, and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By -Laws and In deponent's presence, Notarial Seal Extract Rom the By -Laws ofVit "Except as otherwise provided in these By -Laws or by law or as otherwise directed by the Board of Directors, the President or any Vice President shall be authorized to execute and deliver, In the name and on behalf of the Corporation, all agreements, bonds, contracts, deeds. mortgages, and other instruments, either for the Corporation's own account or in a fiduciary or other capacity, and the seal of the Corporation, if appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary, The Board of Directors, the President Or any Vice President designated by the Board of Directors may authorize any other officer, employee or agent to execute and deliver, in the name and on behalf of the Corporation, agreements, bonds, contracts, deeds, mortgages, andcther instruments, either for the Corporation's own account or in a fiduciary or other capacity, and if appropriate, to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to specific Instances.' I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (I) the foregoing extract of the By -Laws of the Companies Is true and correct. (11) the signature of any authorized officer executing this Power of Attorney or any certificate relating thereto on behalf of the Companies, and the sea] of the Companies, may be affixed to such Power of Attorney or certificate by facsimile and such Power of Attorney or certificate shall he valid and binding upon the Companies, and any such Power of Attorney so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Companies with respect to any bond or undertaking to which it is attached. (ill) the Companies are duly licensed and authorized to transact surety business in all 5O of the United States of America and the District of Columbia and are authorized by the US. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal Is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iv) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this January 12th, 2017 KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSEY No, 2316685 Commission Expires July 18, 2019 CERTIFICATION RANCE. COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY Notary Public -CLCULLI\Mei, Dawn M. f'idorui. Assistant Secretary IN THE EVENT YOU %NS1iTONOTIFY USOFACLAIM, I'ERIC•YTIIEAt!THEN'IICITYOFrtI15BONDORNOTIFY LSOFANY OTHER MATT F.R.PI.EASECONTACrUSATTI15AD CAW LLSTso MIME. OREY: Tel cphonc0.50) 903- Fax (00a}t0:I•3556 .Nlnll, surcry1nhuht,snrn Form 15.10-02259- U GEN CONSENT (rev. 08-18) Jim Randall President Interstate Highway Construction December 21, 2016 Board of County Commissioners Weld County, Colorado 1150 0 Street Greeley, Colorado 80631 Re: Bid Number B1600115 WCR 47/SH 392 Intersection Improvement Project Good morning; Following is IHC's proposal in response to the Request for Bid. I hereby waive my right to a sealed bid. Thank you for allowing us to submit this bid. Sincerely, ® A RALPH C. WILSON COMPANY An Equal Opportunity Employer 35 South Tucson Way. P.O. Box 4356 glewood. Colorado 80155 ephone (303) 790-9100 x (303) 790-8524 3,c1?r.To54 ✓ scl,eJ.Ae/ 3 c1 -130,0 ✓ wI-9� York, - eoll�,.slvn� B iJdcr,) LIx ✓ 1)6E-'tlo„v✓ BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: WCR 471SH 392 INTERSECTION IMPROVEMENTS PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, 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. BID NO # B1600115 Page 14 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control. All mathematics will be checked and the correct total used for determining the low bidder. GENERAL. NOTE Buy America Certifications shall be provided prior to installation of any steel or iron products on this project. BID NO # B1600115 Page 15 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT11 UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 201 202 Clearing and Grubbing Removal of Headgate LS 43,316.00 43,316.00 EACH 3 3,065.00 9,195.00. 202 Removal of Ditch Lining IF 1,558 9.30 14,489.40 202 Removal of Pipe EACH 8 1,829.00 10,974.00 202 Removal of Asphalt Mal SY 12,547 III 79,046.10 202 Removal of Fence LF 408 1,218.00 203 Unclassified Excavation (Complete In Place) CY 6,904 1111 103,560,00 203 Embankment Material (Imported) CY CY I 1,381 41.00 56,621.001 203 203 Muck Excavation (Contingency) 1,000 39.00 39,000.00 Proof Rolling HOUR ' 20 82,50 1,650.00 203 Utility Potholing HOUR 40 220.50 8,820,00 206 Structure Backfill (Flow -Fill) CY 24 267.00 6,408.00 207 208 Topsoil (Stockpile and Redistribute) CY 606 47.00 28,482.00 Sediment Control Log (12 -Inch) LF 400 4.90 1,960.00 208 Silt Fence LF 3,800 1,50 5,700.00 208 206 Check Dam EACH 14 589.50 8,253.00 Concrete Washout Area EACH 3 2,081.00 6,243.001 208 208 Storm Drain Inlet Protection EACH 13 402.50 5,232.50 Vehicle Tracking Pad EACH 4 2,963.00 11,932.00 208 Removal/Disposal of Sediment (Labor) HOUR 40 11 1,620.00 BID NO # 81600115 Page 1B ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 208 Remaval/Dispceat of Sediment (Equipment) HOUR 40 65.00 2,600.00 208 Sweeping (Sediment Removal) HOUR 40 181.50 7,260.00 210 Reset Mailbox Structure EACH 2 1,329.00 2,658.00 210 Reset Survey Monument (Type 3A) EACH 1 1,585.00 1,565.00 1,180.33 212 Seeding (Native) ACRE 1.55 761.50 213 213 Mulching (Weed -Free Straw) ACRE 1.55 1,151.00 1,784.05 Mulch Tacklfier LB 155 3,200 4.70 728,50 216 Soil Retention Blanket (Straw/Coconut) Aggregate Base Course (Class 6) SY 2.30 7,360.00 3D4 TON 15,690 19,001 298,110.00 483,140.00 403 Hot Mix Asphalt (Grading 5) (100) (PG 64-22) TON 4,930 98.00 403 Hot Mix Asphalt (Grading SX) (100) (PG 64-28) TON 2,055 118.50 243,517.50 403 412 HMA Safety Edge LF 6,493 1.70 11,038.10 903,026.00 Concrete Pavement (11 Inch) SY LF 19,631 46.00 412 Concrete Safety Edge 5,235 2.10 10,993.50 420 Geotextile (Reinforcement) SY 1,500 4.80 7,200.00 507 Concrete Lined Ditch LF 105 73.00 7,665.00 601 Concrete Class B CY 6 2,403.00 14,418.00 601 Reinforcing Steel (Epoxy Coated) LEIS 250 280 2.70 675,0C 603 15 Inch Reinforced Concrete Pipe LF 63.50 17,780.00 603 24 Inch Reinforced Concrete Pipe LF 430 87.00 37,410.00 BID NO # B1600115 Page 17 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 603 30x19 Inch Reinforced Concrete Pipe LF 280 126.00 35,280.00 603 607 24 Sectionlnch Reinforced Concrete End EACH 6 2,940.00 17,640.00 Combination Wire Fence with Metal Posts LF 2,023 5.80 11,733.40 607 18 Foot Steel Gate EA 1 539.00 539.00 609 610 Curb and Gutter Type 2 (Section I -M) LF 351 23.50 8,248.50 Median Cover Material (Concrete) SF 1,410 5.50 7,755.00 612 Delineator (Type I) EACH 32 47.50 1,520.00 612 Delineator (Type II) EACH 73 54.50 3,978.50 812 Delineator (Type III) EACH 16 61.50 984.00 614 Sign Panel (Class I) SF 2.67 34.00 90.78 614 Sign Panel (Class II) SF 72.5 37.00 2,682.50 614 Steel Sign Post (2.5"x2.5" Tubing) LF 55 16.50 907.50 814 Steel Sign Support (2" Round) (Post) LF 22 19.00 418.00 614 Steel Sign Support (2" Round) (Socket) EACH 2 326.50 653.00 614 Steel Sign Support (2.5" NP -40) (Post) LF 68 22.00 1,496.00 814 Steel Sign Support (2.5" NP -40) (Slipbase) EACH 6 374.50 2,247.00 614 620 Barricade (Type 3 F -D) EACH 2 1,565.00 3,130.00 Field Office (Class 2) EACH 1 8,250.00 8,250,00 620 Sanitary Facility EACH 2 1,000.00 2,000.00 621 Detour Pavement SY 2,500 40.00 100,000.00 BID NO # B1600115 Page 18 ITEM NO. BID SCHEDULE: ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) 625 626 Construction Surveying Mobilization LS 1 51,502.00 51,502.00 L S 1 201,747.00 201,747.00 827 Pavement Marking Paint (Waterborne) GAL 62 361.50 22,413.00 627 Epoxy Pavement Marking GAL 138 214.50 29,601.00 627 Preformed Plastic Marking (Work Symbol) 5F 615 40.00 24,600.00 627 Preformed Plastic Marking (Xwalk-Stop Line) SF 130 25.00 3,250.00 629 Survey Monument (Type 1) EACH 25 308.00 7,700.00 629 Survey Monument (Type 6) EACH 5 308.00 1,540.00 630 Flagging HOUR 1,000 31.50 31,500.00 630 Traffic Control Inspection DAY 30 204.00 6,120.0C 630 630 Traffic Control Management Barricade (Type 3 F -A) (Temporary) DAY EACH 90 884.50 79,605.00' 8 136.00 1,088.00 10,207.50 3,161.00 630 Fleshing Beacon (Solar) EACH 15 680.50 630 Construction Traffic Sign (Panel Size A) EACH 29 109.00 630 Construction Traffic Sign (Panel Size B) EACH 16 136.00 2,176.00 630 Drum Channellzlng Device EACH 155 34.00 5,270.00 630 Concrete Barrier (Temporary) LF 900 27.00 24,300.00 630 630 Traffic Cone EACH 100 11.00 1,100.00 Portable Message Sign Panel DAY 28 102.00 2,856.00 630 impact ANenuator(Quedguerd) (Temporary) EACH 4 5,522.00 22,088.00 BID NO#B1600115 81600115 Page 19 ITEM NO. BID SCHEDULE ITEM DESCRIPTION 700 700 F/A Minor Contract Revisions F/A On -The -Jab Trainee UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE (DOLLARS) FA 1.0 $ 200,400.00 $ 200,000.00 HOUR 640 $ 3.00 $ 1,920.00 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT. Total Bid (Dollars): s 3,447,146.65 NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection • Erosion Control Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date. By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #81600115 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. Weld County Is exempt from Colorado sales tax (exemption number 98.03551-0000). 3, He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein, 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. FIRM Interstate Highway Construction, Inc. A Michigan Corporation BUSINESS ADDRESS P. 0. Box 4356 BY Jim Randall, President CITY, STATE, ZIP CODE Englewood, CO 80155 TELEPHONE NO 303-790-91 SIGNATURE FAX 303-790-8524 (Please print) DATE 12/21/16 TAX ID # 38-1504686 BID NO # B1600115 Page 20 BID BOND PROJECT: WCR +1,7/Sli 392 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THESE PRESENTS, that Interstate Highway Construction, tnc. a Michigan Corporation as Principal, and Federal Insurance Company an Indiana Corporation as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent Of The Toiai Amount Bid ---- Dollars (S 5% ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated December 21st, 2016 , 2016 for the WCR 471SH 392 INTERSECTION IMPROVEMENTS PROJECT as set out in the accompanying Bid, WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A, On the attached prescribed forms presented to him for signature, enter Into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect, IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 21st day of December , 2016 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 Interstate Highway Construction. tnc. A Micnifan Corporation Address 7135 So. Tucson Way, Englewocd, CO 80112 ATTEST': ey: ATTEST: By: Ang a Tindol, Witness f � � jf .f .2) ,}.. 11 IVN Karen A. Stanton, Asst. Seer-tar.y President By: Jane y vo , Mot nay -in -"Fact S u ret aderal Insurance Company Address. 15 Mounlaln View Road, Warren, NJ 07059 BID NO # B1600115 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# 51600115 Page 22 CHUBB' Power of Attorney Federal Insurance Company Vigilant Insurance Company I Pacific Indemnity Company Attn: Surety Department l 15 Mountain VIeW Road I Warren, NJ 07059 Know Ail by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shaleen R. Levitt and Angela R. Yanofsky of Phoenix, Arizona; Janet M. Elwell, Any] Jain, Charles M. McDaniel, Sheila J. Montoya, Angela M. Tindal and Mona D. Weaver of Denver, Colorado each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory to the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any tnstrutrtent referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VICILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested I presents and affixed their corporate seals on this 24'h day of August, 2O16. lin a+�, Chloros, Assistant Secretary STATE OF NEW JERSEY County of Somerset ss, Norris, Jr., Vice Pre,iden if* On this 24'" day of August, 2O16 before me, a Notary Public of New Jersey, personally came Dawn M. Ch taros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing rower of Attorney are such corporate seals and were thereto affixed by authority of the By -Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary orsaid Companies by like authority; and that she Is acquainted with David I), Norris, Jr„ and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr, subscribed to said Power of Attorney Is in the genuine handwriting of David B. Norris,Jr., and was thereto subscribed by authority ofsald Bylaws and in deponent's presence, Notarial Seal KATHERINE J. ADEL.AAII NOTARY PUBLIC OF NEW JERSEY No. 2316685 Commission Expires July 16, 2019 CERTIFICATION Extract from the fly -Laws or t+i:i ",-- '-"' i RAKrE COMPANY- VIGILANT INSURANCKCOMPANY, and PACIFIC INDEMNITY COMPANY; "Except as otherwise provided In these By -Laws or by law or as otherwise directed by the Board of Directors, the President or any Vice President shall be authorized to execute and deliver, in the name and on behalf of the Corporation, all agreements, bonds, contracts, deeds, mortgages, and other instruments, either for the Corporation's own account or In a fiduciary or other capacity, and the seal of the Corporation, If appropriate, shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors, the President or any Vice President designated by the Board of Directors may authorize any other officer, employee or agent to execute and deliver, In the name and on behalf or the Corporation, agreements, bonds, contracts, deeds, mort e-ic and other instruments, either for the Corporation's own accauntor in a fiduciary or other capacity, and, if appropriate, to affix the seal of the Corporation thereto, The grant of such authority by the Board or any such officer may be general or confined to specific instances" I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (rho "Companies') do hereby Certify that (I) the foregoing extract of the By -Laws orche Companies is true and correct, (II) the signature rifany authorized officer executing this Power oaAttorney or any certificate relating thereto on behalf of the Companies, and the seal of the companies, may be affixed to such Power of Attorney or certificate by facsimile and such Power of Attorney or certificate shalt he valid and binding upon the Companies, and any such Power of Attorney so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Companies with respect to any bond or undertaking to which It is attached. (iii) the Companies are duly licensed and authorized to transact surety business in all 5O of the United States of America and the District of Columbia and are authorized by the U.S, Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed In Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (Iv) the foregoing Power of Attorney is true, correct and to full force and effect. Given under my hand and seals (Weald CampanlesatWarren, NJthis 21st day of December, 2016. Notary Public Dawn M. (3rinnry, A$s1s1ark Secretary INTIIERENT YOU WISH TONOTIFY USOF, ACLAIM, viutir TsicAUTH13N1'ICIT1 OFTHIS BONDOR NOTIFY US OP ANYOTI ISR MATTER, PLEASECONTACT US AT THE ADDRFSS LISTED ABOVE,(WRY, Teknl.nne(9nA1903.3MYt_ PAY r9nS iA1.twSe earWlesuretvttfie3mhb.mrn Form 15-10- easeR-U GEN CONSeNT trey, Oa -1 e) Form W-9 tiles, August Alta) ifrrp es nee nl Lln' ti -a• 'Ay lute+ nvllh-:en1a Sci.11:4 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. C•e 411 Check appropriate box rev federal as 1lassifiealiun- ❑ hadrvlduai/sole proprietni ❑ C Corpnrallat cn ccn 1:1- Name las shown Ni you IrY)rkee i.;x 1+rkunl Interstate Highway Construction, Inc. I'4 115•".V i4uer'nt1"1+ n•rr+l •I idly eeuro d dIcik hart li ii, uhirnp A +Ly S Coiporahaa ❑ HarinereIep I Tnertloeiale I ladled liali'Itty Irtxnlxtry. Fels the lax r4Jv,,,•abcSuliion {C -C aaalwrnlitna, S -S eampuraliexr, r-pnrlualshlp) ) n Other (son Instructions) D. Addiax (xtmixrl, street, and apt. a smic no.) P. O. Box 4356 Goy, elate, and TIP cork Englewood, CO 80155 1 c.! ar:rxvmr nnrnl rn{rr5 nfrr it{reel rudl Lxcmpiiotu {ace irrvlruchons); Cxerupl payee pride of aryl Lxemplirxt born I A ICA reporting code (i any) Hoquester's name and addr osa I0ptlata) Taxpayer Identification Number (TIM Enter your TIN in the appi opriate box, The TIN provided must match the name given on the "Nan ea'' line to avoid backup withholding, For individuals. this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, II is your employer identification number (EIN) H you do not have a number, see Now to gat a my on page 3. Note, If the account is in more than one name, sue the chart on page 4 for guidelines on whose number lo enter. ;Seci i!•.0 redly rwnUrru j �1 I Employeridentiflration nlrrIber 3 51 1[510I4I6 116 fit Cortilic ticn 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 he 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 peen notified by the internal Revenue Service (IRS) that I am subject to backup withholding av a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3, I em a 0,S, citizen or other U.S. person (defined below), and 4 The FATCA codefs) entered on this form of any) Indicating that I am exempt from FATCA reporting is correct Certiticatlort instructions. You must cross out hem 2 above it you have been notified by the IRS Mal you are currently subject 10 backup withholding because you have failed to report all Interest end 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, conitibutlons to an individual retirement arrangement (IRA), and generally, payments other than Plink est ants ji,vtdends, you are riot required to sign the certification, but you Must provide your correct TIN. See the instructions on page 3. Srjui Signature of Here u,s.re,rdr Jim Randall President bare p- 12/21/16 General Inructlbns Scolirra rafts Cre(.c-.4.1 an hrinlamut flervwtlre unIcistiOth e,rwise noted Future developments. Ins It -IS Ilea a ceded a page at IHB4Oow tot 115Iom Nion abort Form W tl, al WWw.rrs.govWWt). Isla melon abrxtl any Miele dcvdopnaenls enectmg i cam W U ration as IcgrslaSon enacted alter we Idease d) will be polled on Ilatt page. Purpose of Form A pl5rsul who is ran tired to ilk am infeanewluxt rnlu'n WW1 I ram IRR irntnl obtain ware one t It taxpayer Idvalilirafinla number (TIM la reprx 1, be nxi,mpin, inrrlmn pair' in you, payments made to you msetticmclrt or payment. card and livid party naNvak lrancactions,real uslansIran:achrns, mortgage India est you paid, ecqurnrinaor ubandernie ntuf sprym•d }aeyca-,uy, c.nx.,,IIuh1».of ci.'Lv, a cathibLilirur, r•R� made In an IRA I l:at Fr,rtn W n oily if you win a I I,S lramlvm (nrdud jog a rr.,,rianl niiint), lo proc,Jo yrxrr ceiuuci I IN ID the per nrequ.a-Urea It lihereel, s ler) ant, when applicable, lo: 1. (itvrlify lhaf the TIN you aue yiviny rr correct fix yrat are wailing lot a runtbn to fm ir:curarl), 2. Cwldy that yeti ace Sol stablect to backup wrllfaclduxl, a 3. Claim r:',erynluuxi INN q bnekup vnlhln0,h14111 port ,Co a .1),S. Kxbn pi payee. II appli.-„I de, y}.it -a4„ 41,0 tx'iitry irei liCal nx vi_I 5�;Vrry4!1L yea cJkx:4L't v Ldoary of m [,uri any µc shga11 a inr14i inure a t [`.3. bade ea I eusrra•s•e lot Red subpy-I lee elm wilhhrrfding tak, era faeipn per lain a' slamor afinr:tively rxntmrrynd in,mtr5r, rind 4 Cnriily limb FATCA ,:rxiu(e) ruWnud oh Ibis tram fa any) Indinatlno Ilsil you aui rx,centpr from llan lAiC.&ueprxfing, rs ache.:1 Nola, If you en. 0103. pen -are and ;e r{Kplewlar UN rw 14x1 a form Oiler thwl Fans w U in lnyurirl yrro TIN, y.r,r meal 1141 the rayuesl er'n n.,r,l1 if it is suLtelanlially wu.ia,a in l hi-. Tram W n DeCnitlon of a U,S, person our !edalal lax purposes, you INC colluder:0 a U.S. pence rl sari arc: r An individual wino is a I TO ,nitre er I I S rrxsident alien, • Aµry Ii ar•l cra(aa rllitxi, r:sarl any, ra ncyrrannrrt Steeled rx ayaniaetl In Ilia Ilnilrid Slab, m hole bra laws IA Ihatirlu' 41 Sr,r:rx, • An cslalc [011101 than alorcign cslate), o • A domestic brat fas delined in Negttlaharls secllun 3111.7751-7). Special rules for perlrierrrhlps. Partnerships that conduct a trade of business in the l tni lerl F1eiac ale genreally req. lit fe4i Ni pay r7 5Vilhhralrlirag tax uadm ancli1aa 14,16 tie any foi Agit pailrwrs' share ni alter:Iively a,ivtrx lrrrl raxebl,u in1 leer i4 ran such business, 1 w titer, in certain cases whore o I arm W-11 has rot been received, the rules undo! section 1445 regime a partnership to ptesrnne that a pat Inc* is a foreign person, rind pay I'm seatieat 1446 vrill#nrhlinu lex Theodore, if you are a 11.3. Ilirnan tlwl ix a patlner ir1 a ISM Imarnihip aorrdurlinj S !radii EA hrplrwau in Ilia United matey, provide i orm W it to the patincralvp reestablish you U.S, status and avoid section 1446 withholding on your share cl partnership meson's, Cal No 1(17317( Firm VV -9 (Rnv.Et 7013) BID NO # B1600115 Page 23 Marcia Walters From: Sent: To: Cc: Subject: Attachments: Karen Stanton <StantonK@ihcquality.com> Wednesday, December 21, 2016 9:43 AM bids Aaron Burt B1600115 - Bid Proposal Bid Proposal - B1600115.pdf Good morning, Attached is IHC's bid for this morning's letting. Thank you, Karen Stanton Interstate Highway Construction, Inc. P. O. Box 4356 Englewood, CO 80155 (303) 790-9100 voice (303) 790-8524 fax COLORADO IMPARTMENT OF TRANSPORTATION Prejeei* CONTRACTORS PERFORMANCE CAPABILITY STATEMENT B1600115 1. List names of partnerships or joint ventures g none 2. List decreases In the oontractors fiscal or workmanship qualifications compared to the last prequallfication statement submitted to COOT. (Attach additional sheets if necessary.) a Key personnel changes g none b_ Key equipment changes g none o. Fiscal capability changes (legal actions, etc.) rtj none d. Other changes that may affect the contractors ability to perform work. g none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON TI• IIS DOCiJM ' T ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Co ail/Ji %thmorcompanyram. Interstate Highway Construction, Inc. lily rColo 12/21/16 Randall, President 2116 Contractor's lira or oaflpany nom {rrfcdnI vantlne) BID NO * B1000115 Page 49 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT iloJtci wry B1600115 I1 OM1ON WCR47/SH 392 Intersection I hereby attest that I am the person responsible within my firm for the final decision as to the price(e) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bed have been arrived al 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 dtsclosed 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 of solicitation by or from any firm or person to submit any Intentionally high, noncom- petitive or other form 01 complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project, 6. My arm has not accepted or been promised any subcontract or agreement regarding the sale or 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, r 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 fir en'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 arty 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. conirn ernl, rm or company name Interstate Highway Construction, Inc. By , Ji Uara 12/21/16 an all, President - no QVllnt,oro limn r r ncropany nnmc: (II joint von Jro I Uala Tula Sworn to before me this 21st day of, December 20 16 Nulyty rhLlu �—/- r , + P, s I .+i//? . _ �i 4 tL. IfhnnA Siemer Notary Puttee eitaMdf alowdo *boo 1 e4ecot71 • My Ceenmeeiee ` tkplirntor» 2020 My nom ..4 xk,5lrea 9x'17120 NOTE: This document must be signed In Ink. COOT Font NrOb fro: BID NO # B1600115 Pags 24 PRO.CC•TNO COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS B1600115 Contractor and Colorado Department of Transportation (COOT) recognize that in actual economic practice antitrust violations ultimately impact on COOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by COOT pursuant to this contract. 2, Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shalt immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) COOT that such civil action Is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and o. Promptly to pay over to COOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to COOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its dudes under the contract, Contactor 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 sambas 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 bean assigned to COOT hereunder, shall Immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) Contractor and COOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to COOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to COOT hereunder; and d. Promptly pay over to COOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has teen assigned or dedicated to COOT pursuant hereto. I, acting in my capacity as ofcer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. A.1 r<duff [nr,. kml 1., •nmy.. Ki.mIr4 Interstate Highway Construction, inc. iidZaithiG5Lny km a oprmn jlf p.li vefewo fL ,1 I Plif it Randall,_Pr: sident INI' 12/21/16 mIL COOT Perm real ISM BID NO rR B1000115 Page 50 Page 1 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number Project Code Proposal Date Contractor Region WCR47/SH392 Intersection - B1600115 12/21118 Interstate Highway Construction, Inc. Subcontractors/SuppliersiVendors: The bidder must list all firms seeldng to participate on the contract. This Information is used by the Colorado Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form may result In the proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (YIN) Selected (YIN) Transpro Burgener Inc. jfoster@burgenertrucking.com Bulk Haui N Diversified Underground, Inc. cshott diversifiedundergroun.com Hydro Vacuum Y J2 Contracting chrisleona@j2contracting.com Aggregates/Crushing N Aggregate Industries scott.peonio@aggregate-us.cem Aggregates N Ralph Martinez Trucking Dianna@ralphrrtartJneztrucking.com Hauling Y Don Kohn Construction Debekehnoonstruction.com Milling N Albert Frei & Sons rfosterglalbertfreiandsons.com Aggregates N Bighorn Construction & Reclamation bighornseedingt gmall.com Seed/Muich/Erosion Control N Asphalt Specialties bretts©asphaltspecialties.com Road Base N Hoicim (US) Inc. roger,iversoni iafargeholcim.com Cement N Smith Environmental & Engineering jasonfutey@smithdelivers.com Seed/Mulch/Erosion Control N Arnold's Ag Group LLC dhiii@arnoldsaggroup,com Seed/Mulch/Erosion/Fence N Hanes Geo Components jactl,kneub@hendesindustries,com Material Supply N 'RoadSafe Traffic Systems rstreno@roadsafetraffc.com Pavement Marking N Green Earth Environmental Seed/Mulch/Erosion Control N Martin Marietta Materials chad.nlesentegmartinmarietta.com Aggregates N Varre Companies dcomptonevarracompanies.com Aggregates N Powell Restoration derek,buttsi powellrestoration.com Seed/Mulch/Eroslon Control N Oldcastie Precast devin.bybee(©oidcastie,com RCP N Rinker Materials briank.schramigcemex.corn RCP N floral Material Technologies David.Neel@Boral,com Fly Ash N Black Eagle Fence randy©blackeagtefence,cam Fence N J C Supply & Manufacturing Matt2@jcsupply.us Material Manufacture Y Luchetti Surveying sieve§luchettisurveying.00m Survey N Consolidated Divisions, Inc. drewb@cdi-services.com Seed/Mulch/Erosion Control N Willits Aggregates Inc. jeffherri.57©gmail.com Aggregates N I certify that the Information provided herein le tru ad rreo the best elf myknowledge. Jim Randall President 12/21/16 Name n t' Title Date Work Proposed Categories: truxturef Steel and 1 Materials and Supplies 12 Rfprap and Anchored 2. Flagging and Traffic Control 13 Landscape and 3, Tracking and Healing 14. Bridge and Bridge 4 Precast Concrete, Foundations and 15 Asphalt Paving Footings 15 Road and Peking 5, Concrete Paving Ffahvork and Repair 17 Chip Seel. Crank 6. Lighting and Electrical Crack Fill 7. Signs, Signet Installation, and Guardrail 18. Bridge Painting end 8. Fencing 19. Stairway and Ornamental 9. Buildings and Vertical Structures 20 Parking Lots and 10. Utility, Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOTrolects, Steal Reinhrcament 21. Clearing. Demolition Excavation and Retaining Wails Earthwork Erosion Control 22. Engineering and Surveying Services Deck Construction 23. PublicRalations and Involvement 24 Piles and Deep Foundations Lot Marking 25. Waste Management and Recycling Seal Joint Seal and 26. Site Clean Up 27. Mechanicat and HVAC Coating 28 Tunnel Construction Mete! 28 Profiling and Grinding Commercial Sidewalks 30- Environmental Health and Safety submit to adot_hq,-dbeforms+state.co.us, CDOT Form #1413 01114 BID NO#B1600115 Page 25 Page 2 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST _ _ _ _ Project Name and Number Project Code Proposal Dale Contractor Region WCR47/SH392 Intersection - B1800115 12/21/18 Interstate Highway Construction, Inc. Subcontractors/SupptierslVendors: The bidder must list all firms seeldng to participate on the contract. This inromi anon Is used by the Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure to submit this form m ay result In the proposal being rejected. Firm Name _ Email Work Proposed (Select all that apply) DBE O'M Selected (Ms')) ) Alpha Milling Company, Inc._ _ _ _ _ _ syoungripalphamIlling.com Milling N P & H Equipment Inc. marks iphequipment.net Asphalt Y Euclid Chemical Company pdyer@euclldchemical.com Admixtures N Smalley & Company p.coyc ) smalleyandcompany,com Material Supply N GCC dgray@gcc.com Cement N Sema Construction , Inc. _ _ mbrocks@semaconstruction.com Dirt N G2 Seeding greeley10@gmall,com Seed/Mulch/Erosion Control N Connell Resources, Inc. mvanronk@connellresourees.com Asphalt N Northern Colorado Traffic Control, Inc. Traffic Control Y Simon Contractors scsmith@simoncontractors,com Asphalt _ N Ideal Fencing Corporation dove@idealfencingcorp.com Fence _ N Legacy Traffic Management tony@legacytraffic,net Traffic Control Y Kolbe Striping Inc. bids@kolbestriping.com Pavement Marking N Comex kennethebontragerJr@cemex.com Cement N Northern Colorado Constructors wlv@ncconstructors.com Pipe N Alpha & Omega Consultants, Inc. Survey N DCG Enterprises garret@dcgbiz.com Traffic Control N Martin Marietta Materials Roper.Marquiss@martinmariette.com Asphalt & Ready Mix N Blue Mountain Seeding Inc. bluemountalnseed@msn.com Seed/Mulch/Erosion Control Y Ground Engineering Jessica.irons@groundeng.com Testing N AB Underground brycen@agunderground.com Pipe N Ail Cowboy Erosion Control brycen@acerosloncontrol.com _ Seed/Mulch/Erosion Control N Colorado Barricade eric@coioradobarricade.com Pavement Marking N Bestway Concrete & Aggregate Milesd@bestwayconcrete.com Ready Mix _ N Asphalt Specialties Garyr@ssphaltspecialties.com Asphalt N Lightfield Enterprises twheatley(c lightfleldenterprlses.com Traffic Control Y I certify that the Information provided herein is flue and correct to the best of rey knowledge. See Page 1 Name SignatureAnitlats Title Date Work Proposed Caregories: 11, Structural Sfeel and Steel Rein/omement 21. Clearing. Demolition Excavation end 1- Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2. Flagging end Traffic Control la Landscape and Erosion Control 22 Engineering end Surveying Services 3. Trucking aix! Hauling 14, Bridge and Bridge Deck Construction 23. Public Relations and involvement 4. Ptecesl Connote, Founciettiana. and 15. Asphalt Paving 24. Piles end Deep Foundations Footings 16. Road and Parking Lot Marking 25 Waste Management and Recycling 5. Concrete Paving. Flatwork and Repair 17 Chip Seal, Crack Seal, Joint Seat and 26. Site Clean Up 6 Lighting end Electrical Crack Pill 27_ Mechanical and HVAC 7. Signs, Signal Installation, and Guardrail 16. Bridge Pa&nl'ngand Coating 28. Tunnel Construction 8. Fencing 19. Stat:way and Ornamental Metal 29. Profiling and Grinding 9. Buildings and Venice, Structures 20, Parking Lots end Commercial Sidewalks 30. Environmental Health and Safety 10_ utility, Water and Sewer Lines his form must be submitted by the proposal deadline. For CDOT projects, submit to cdoLhq_dbefonns@state,co.us. CDOT Form #1413 01114 BID NO # B1600115 Page 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Interstate Highway Construction, Inc. Project / SH 392 Intersection Contact Cory Allin*ton Project Code; JWCR47 B1600115 -_ _- Phone: 303-790-9100 Date of proposal: 12/21/16 Email: Iallingtonc@ihcquality.com Contract Goal: 6% Preferred Contact Method: le -mail Region: DBE Commitments _- _ DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Northern Colorado Traffic Control, Inc. Traffic Control 120,000.00 120,000.00 JC Supply & Manufacturing Material Manufacture 70,000.00 70,000.00 Ralph Martinez Trucking Trucking 20,000,00 20,000.00 I I Total Eligible Participation 210,000,00 3,447,146.66 Total Bid Amount Total Eligible Participation Percentage 6.09% Bidder Signet:pre. This section must be signed by an individual with the authority to bind representative of the Bidder, you declare under penalty of perjury in the second that the statements made in this document are true and complete to the best the Standard Special Provision Disadvantaged Business Enterprise Requirements CDOT shall not award a contract until it has been determined that the contract demonstrated good cause. Once your proposal has been submitted, commitments approval of COOT. If selected as the lowest apparent bidder, you shall submit have not met the contract goal, you will also be required to submit documentation It is your responsibility to ensure that the selected DBEs are certified for the has been properly counted, For additional information and instructions on Provision Disadvantaged Business Enterprise Requirements. the Bidder. By signing this form, as an authorized degree and any other applicable state or federal laws your knowledge. Further, you attest that you have read and understand the following: goal has been met or that you have otherwise may not be modified or terminated without the a Form 1415 for each commitment listed above. If you of all good faith efforts to meet the contract goal. work to be performed and that their eligible participation calculating eligible participation, see the Standard Special Jim Randall President 12/21/16 Name Title Si tiro D Date This form must be submitted by the proposal deadline. For C OT r jectS, submit to cdot hq_dbeformststate.ao.us. Civil Rights and Business Resource Center COOT Form #1414 01114 BID NO # B1600115 Page 28 COLORADO DEPARTMENT" OF TRANSPORTATION COMMITMENT CONFIRMATION •e,,.rsr.e•. ..4st{m,,...�r..1 9n ,9,Ligq,c.s.cpemusr9y:Fa.k!9,n,,,x,9,,.. _ •. ...,:a: reject WCR 471SH 3S2 Intersection Project Project Code: 81600'115 Nil cider/Con tractor: interstate Highway Construction, Enc. Phone: 303-790-9100 Contact Jim Randall Email: randaIl ihcquallty.com ❑SE Firm Name: JC Supply& Man ufacturin9 DBE Phone: 909-373-1773 DBE Address, 1$12 S. Cucamonga Ave.. Ontario. CA .DBE Email: . ,conniegcsupply.us Commitment Details Category Work to be Performed DBE Work Code( Cam ount Amount Eligible ParticcipatiIpati on Construction Trucking Supplies Services Material Manufacture 339999 $70,000.00, $70,000.00 Total) $70,0f10,00, $70.000.001 his section must be signed by an Indivldusi with the power to contractually hint[ the Bkfder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal Is I t I tate . is /node in this document am complete, ua and accurate to the bestcf your knowledge. dimRandall •_.-....--. - President----------------- - 4 FA N 1 ► FJ 1 12121116 _ .. his document is not a contract with the Bidder/Contractor, it is an acknowledgement of the obligation that the Bidder/Conifeohor is king to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, nd shall not reflect any mark up by the Bidder/Contrector, All questions must be answered. Are you cotttraoing directly with the Bldder/Cantractor or with one of Its subcontrealors? If with a 'subcontractor, provide the frrm name. /CS _- 14A Will you be purchasing supplies Cr rnererifls or leafing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. O Do you intend to subcontract any portion of the work fund ;above? it yes, state to which firms, what work and the approximate amount include trucking subcontractors and owoer:opecatora. /4 O WO you be providing trucking services on this project? If so, sbrte how many of your own trucks end employees you will have on this project. /JO Who Within your firm will be supervising and responsible for your firm's work on this project? /Ftu c L croAt Z 11,1_6 1. 1MI1 you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. J ct �+ II you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the (terns. 1/c,] -- ,o/i141( FCT11*. 6 1of2 CpOT NMI #1410 01/14 BID NO # 91800116 Page 61 his section must be signed by an Individual with the power to contractually bind the DBE. You declare under penalty of perjury In he second degree and any other applicable state or federal laws that the statements made in this document are complete, true and 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 eve the capacity to perform the work as stated. �1 CoamIL rn, Li d H7CAA ! I / raj J4 /Llia-iIA. OBE Representetive Title Signs`;),"-dce--ir Date the DBE Standard Specialprov/sron For addrllannl1nfcrmation on Campielrng and submitting this form. le -award CDOT projects: Submit this form to the COOT Civil Rights and Business Resource Center via fax to (503)757-9019. All riginals must be sent to: COOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. ;award local agency projects: Submit this form to the local agency. Ail originals must be sent to: CDOT Civil Rights and uainess Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222, 2 oil COOT Fonn # 1415 01114 BID NO # 01600115 Page 52 Colorado Unified Certification Program Page 1 of 1 Vendor Information Vendor Information Business Name Owner Address > Mao This Address Phone Fax Email Website Ethnicity Gender CLOSE WINi0OW AHELP LIGHTCAP INDUSTRIES, INC., DBA JC Supply & Manufacturing Ms. Connie Lightcap 1612 S. CUCAMONGA AVENUE, ONTARIO, CA 91761 909-373-1773 909-373-1785 connie@jcsupply.us www.lcsuoplv.us Caucasian Female Certification Information Certifying Agency Colorado Department of Transportation Certification Type DBE - Disadvantaged Business Enterprise Certified Business Manufacturer of dowel baskets Description Work Codes NAICS NAICS Index CO UCP NAICS All Other Miscellaneous Manufacturing 339999 Customer Support Copyright © 2016 82Gnow. All rights reserved. Print This Pace https://coucp.dbesystem.com/FrontEnd/VendorSearchPublicDetail.asp?X1D=6094&TN=... 12/22/2016 ICOLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1, This section must be completed by the Contractor. Project Bidkler/Contractor: WCR 471SH 392 Intersection Project Interstate Highway Construction, Inc, Jim Randall Project Code:. 81600115 Phone: 303-700-9100 Smart: randallji ihcquality.ccrn DBE Phone: 970-356-8881 Contact DBE Firm Name: Northern Colorado Traffic Control. Inc. 1712 1st Ave., Greeley, CO 80631 DBE Address: DBE Emailtrishi nocotraffic.corn Commitment Details Category Work to be Performed DBE Work Code(s) Commitment Amount Eligible Participation Construction Traffic Control 561990 $120,000.00 $120,000.00 Trucking Supplies Services _ Total _ $120,000-00 $120,000.00 indrvidual+mth the power to contraolually bind the Bidde Contractor. You declare under penally of perjury in the second degree and any other applicable state or federal laws that state y nts made In this document are complete, rue and accurate to the best of your knowtedge. Jim Randall President Bidder/Contractor Representative Title SECTION 2. This section must be completed by the DBE. (Attach - • , al pages it necessary). 12/21/16 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, land shall not reflect any mark up by the S idder/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 tracking 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 No Who within your firm will be supervising and responsible for your �_ firm's work on this prefect? '-,-s� tin t,p Ciax V e-r`kt S Will you be acting es a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. tt]a ill you be acting as a supplier on this project? If so, please tate what you will be supplying and whether you will manufacture the items. IVQ 1of2 COOT Form 4 1415 01/14 DID NO # B1600115 Page 51 his section must be signed by an individual with the power to contractually bind the DBE. You declare under penally of perjury in e second degree and any other applicable state or federal laws that the statements made in this document are complete, true and .• 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. .DY L CSht iSi7dY j)k +a 1 4 s! IIIErtirarilla,. .� OBE Representative T Title Signature Da - ee the DSE Standard Specie! provision for additional information an completing and submitting this form. Pre -award COOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)7574014. All originals must be sent to: COOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Pre -award focal agency projects: Submit this form 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 50222. 2012 COOT Form N 1415 01/14 BID NO N B1800115 Page 62 Colorado Unified Certification Program Page 1 of 1 Vendor Information Vendor Information Business Name Owner Address > Map This Address Phone Fax Email Website Ethnicity Gender Certification Information Certifying Agency Certification Type Certified Business Description Work Codes NAICS CO UCP NAICS 237310 CO UCP NAICS 237310 CO UCP NAICS 561990 Northern Colorado Traffic Control, Inc. Trish Sandau 1712 1st Ave Greeley, CO 80631 970-356-6881 970-356-5862 trishfd5nocotraff ic.com www.nocotraffic.com Caucasian Female CLOSE WINDOW HELP City and County of Denver DBE - Disadvantaged Business Enterprise Traffic Control (All subcategories); Delineators and Reflectors, Permanent Signing (Class I & II) NAICS Index Painting lines on highways, streets and bridges Sign erection, highway, roads street or bridge Flagging (i.e , traffic control) services Customer Su000rt Copyright a 2016 B2Gnow, All rights reserved. Print This Pane https://coucp.dbesystem.com/FrontEnd/VendorSearchPublicDetail.asp?XID=8938&TN=.., 12/22/2016 COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1. This section must be completed byttie Contractor. Project WCR 471SH 392 intersection Project Project Code: ,81600115 Bidder/Contractor: Interstate Highway Construction, Inc. Phone: 303-790-9100 Contact Jim Randall Errall: randailjOihcguality.com OBE Firm Name: Raph Martinez Trucking, Inc. DBE Phone: 303-288-8788 ORE Address: , 7255 Ivanhoe St., Commerce City, CO DBE Email: diannaGralphmartineztruddng,com Commitment Details Category i Work to be Performed DBE Work Code(s) Commitment Amount Eligible Participation Construction Trucking Aggregate Haul 484220 $20,000.00 $20,000.00 Supplies Services r Total $20,000.00; $20,000.00 This section must be signed by an individual with the power to contractually perjury in the second degree and any other applicable state or federal true end accurate to the best of your knowledge, bind the Bidder/Contactor. You declare under penalty of laws tha a eta menu made in this document are complete, Jim Randall Presidentil 12/21/16 Bidder/Cantractar Representative Title , gneture Date SECTION 2. This section must be completed by the DBE (Alta h a ' ' nai pages if necessary). This document Is not a contract with the Bidder/Contractor; it is en acknowledgement of the obligation that the Bidder/Contractor is making to COOT. 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. �/j, J lY► -1 IA) / 114. 'f1{+v ekrariehr Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. AL • 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. L La I C Who within your firm will be supervising and responsible for your f'rm's work on this project?' • Pb I.' 244.41.d. 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 rams. 1of2 COOT Form 4' 1415 01/14 BID ND IS B1600115 Page 51 This section must be signed by an individual with the power to contractually bind the OBE. 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 DBE on this contract for the work listed above and have the capacity to perform the work as stated. 444 e— d ,Le..4� /2- 0.z / DBE Representative Title Signature Date See the OBE Standard Special provision for additional information on completing and submitting this form. Pre -award CDOT projects: Submit this form to the COOT Civil Rights end Business Resource Center via fax to (303)757-9019. Ail 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 oft CDOT Form 01415 C11114 BID NO 41 81500115 Page 52 Colorado Unified Certification Program Page 1 of 1 Vendor Information Vendor Information Business Name Owner Address map This Address Phone Fax Email Website Ethnicity Gender Certification Information Certifying Agency Certification Type Certified Business Description Work Codes NAICS CO UCP NAICS 425120 CO UCP NAICS 484220 CO UCP NAICS 484220 CO UCP NAICS 484220 CO UCP NAICS 464220 Ralph Martinez Trucking, Inc. Mr. Ralph Martinez 7255 Ivanhoe St. Commerce City, CO 80022 303-288-8788 303-288-7677 dianna(a7ralphmartineztrucking.com http:IIwww. ralphmartineztruChinc.COrn Hispanic Male CLOSE WINDOW HELP City and County of Denver DBE - Disadvantaged Business Enterprise Trucking Hauling Services; Broker of Aggregate and Pipe NAICS Index Wholesale Trade Agents and Brokers Dump trucking (e.g., gravel, sand, top soil) Gravel hauling, local Sand hauling, local Top -soil hauling, local Customer Suppork_ Copyright O 2016 B2Gnow. All rights reserved. Print This Page https ://coucp.dbesystem.com/FrontEnd/VendorSearchPublicDetail.asp?XID=2124&TN=... 12/22/2016 MEMORANDUM Date: January 4, 2017 To: Trevor Jiricek, Director of General Services From: Michael Bedell, P.E., Senior Engineer M'8 RE: Bid Request No. B1600115 BOCC Approval Date January 11, 2017 Bids were received and opened on December 21, 2016 for contracted construction of the WCR47/SH392 Intersection Improvements Project. Six (6) bids were received ranging from $3,447,146.65 to $3,984,973.44 with the lowest bid submitted by Interstate Highway Construction (IHC) from Englewood, Colorado. Weld County will be receiving grant funds from CDOT in the amount of $1,842,590.00 associated with this construction project. The submitted bids have been reviewed for errors and completeness. Some minor math errors were identified, but these errors did not affect the bidding outcome. The bid tabulation has previously been submitted for your information. It is my recommendation to award the construction contract to Interstate Highway Construction (IHC) for a total amount of $3,447,146.65. Public Works has worked successfully on past projects with this contractor, and IHC is the contractor currently working on our WCR49 Corridor Project. CDOT has reviewed the bid documents submitted by the contractor and given us their concurrence to award. The BOCC has recommended approval for this contract award (see attached). If this bid is approved by the BOCC on January 11th, construction will commence in March, 2017 and is planned to be completed in July, 2017. 't 0.20/69-0/ F�-773 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: WCR 47/SH 392 Intersection Improvements — Construction Contract Award DEPARTMENT: PUBLIC WORKS DATE: 12/22/2016 PERSON(S) REQUESTING: Don Dunker (County Engineer), MichaelQedell (Senior Engineer). Brief description of the problem/issue: On December 21, 2016 Weld County received six (6) bids for this project, Public Works is recommending contract award to the low bidder, Interstate Highway Construction Inc. of Englewood, Colorado, in the amount of $3,447,146,65. Public Works 2017 budgeted amount for this project is $3,400.000. After consulting with Don Warden, he has confirmed Public Work's budget can cover the additional $47,146.65 to make the project whole. The cost difference between the low bid and the budget is likely due to inflation and rising materials costs. The low bid submitted by IFIC is reasonable. IHC is the contractor which is currently working on the construction of the WCR 49 Corridor Project for the County. CDOT is in the process of reviewing the contract documents for concurrence to award the construction contract. Construction of this project is anticipated to occur March through June, 2017. Recommendation to the Board: Public Works recommends the BOCC approve the bid from IHC. If recommended for approval, Public Works will arrange for the Contract Award to be on the agenda for an upcoming BOCC Meeting on January 11, 2017. Approve Schedule Recommendation Work Session Comments Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie A. Cozad Barbara Kirkmeyer Steve Moreno vine Attachments: Bids Submitted on 12/21/16 �.ac�•+►_ imaceLB'Ntlrs Not" 4IRd • t -.3) WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwaltersco.weld.co.us E-mail: reverett(aco.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: DECEMBER 21, 2016 REQUEST FOR: WCR 47/SH 392 INTERESECTION IMPROVEMENTS DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1600115 PRESENT DATE: DECEMBER 28, 2016 APPROVAL DATE: JANUARY 11, 2017 VENDOR INTERSTATE HIGHWAY CONSTRUCTION INC A MICHIGAN CORPORATION P O BOX 4356 ENGELWOOD CO 801155 MOUNTAIN CONSTRUCTORS INC 622 MAIN ST PLATTEVILLE CO 80651 SEMA CONSTRUCTION INC 7353 SOUTH EAGLE STREET CENTENNIAL CO 80112 DCP CIVIL LLC 56 GATEWAY CIRCLE JOHNSTOWN CO 80534 LAWSON CONSTRUCTION COMPANY PO BOX 1318 LONGMONT CO 80502 DURAN EXCAVATING INC 14332 CR 64 GREELEY CO 80631 Engineer's estimate - $3,044,500.00 **PUBLIC WORKS WILL REVIEW THE BIDS TOTAL PROJECT COST $3,447,146.65 $3,645,587.10 $3,677,639.20 $3,808,393.10 $3,940,218.57 $3,984,973.44 2016-3841 Iv7$ 208 Sweeping (Sediment Removal) HOUR 40 515000 56,00000 $18150 7,260 000 825000 $10,000 00 8205.00 210 Reset Mailbox Structure EACH 2 5250.00 $500.00 8132900 2,658 000 $27500 $55000 $25000 210 Reset Survey Monument (Type 3A) EACH 1 850000 $50000 $158500 1585.000 $47500 $47500 $100000 212 Seeding (Nanve) ACRE 155 $2,200 00 53,410.00 $761 50 1,180.325 $2,300 00 83,565 00 $715.00 213 Mulching (Weed -Free Straw) ACRE 1.55 81,000.00 $1,550.00 81,151.00 1,784050 83,500 00 $5,425 00 8820.00 213 Mulch Teckifier LB 155 5500 877500 5470 728.500 $600 5930.00 5500 216 Soil Retention Blanket SY 3,200 5200 86,40000 $230 7,360000 $2.25 $7,20000 8200 104 Aggregate Base Course (Class 6) TON 15,690 $1800 $28242000 $1900 298,110.000 $19.50 $305,955.00 $2100 403 HMA (Grading 5)(100) (PG 64-22) TON 4,930 $9O00 $443,70000 89800 483,140000 $73.00 $359,89000 $7500 403 HMA (Grading SX) (100) (PG 64-28) TON 2,055 $9500 8195,225.00 511850 243517.500 $9000 $184,950.00 $91.00 403 HMA Safety Edge LF 6,493 $1.20 $7,791.60 $1.70 11,038 100 8130 $8,440 90 $1.30 412 Concrete Pavement (11 -Inch) SY 19,631 $4800 8942,288.00 $46.00 903,026 000 $6700 $1315,27700 $6900 412 Concrete Safety Edge LF 5,235 $2.00 810,47000 82.10 10,993 500 $3.00 815,705.00 83 70 420 Geotextile (Reinforcement) SY 1,500 5600 59,00000 $4.80 7,200 000 $6.50 $9,75000 $3.50 507 Concrete Lined Ditch LF 105 $80 00 $8,400 00 $73 00 7,665.000 $92 00 $9,660.00 $80.00 601 Concrete Class B CY 6 $800.00 $4,800.00 $2,403.00 14,418 000 $65000 $390000 $2,000 00 601 Reinforcing Steel (Epoxy Coated) LBS 250 $1 50 537500 $2.70 675 000 81.30 $32500 53.50 603 IS Inch Reinforced Concrete Pipe LF 280 87500 821,000 00 $63 50 17,780 000 $8500 $23,800 00 $70.00 603 24 Inch Reinforced Concrete Pipe LF 430 58000 $34,400.00 887.00 37,410.000 $95.00 540,850 00 $8000 603 30819 Inch Reinforced Concrete Pipe LP 280 $120.00 $33,600 00 $12600 35,280 000 $9800 $27,440.00 $10500 603 24 Inch Reinforced Concrete End Section EACH 6 $1000.00 $6,000.00 $2,94000 17,640 000 51300.00 57,80000 81000.00 607 Combination Wire Fence with Metal Posts LF 2,023 5500 $10,115.00 $5.80 11,733.400 $525 $10,620 75 $270 607 16 Foot Steel Gate EACH 1 $60000 8600.00 $53900 539000 885000 $85000 $1000.00 609 Curb and Gutter Type 2 (Section l -M) LF 351 825.00 $8,775 00 $23.50 8,248.500 53600 $12,636 00 838.00 610 Median Cover Material (Concrete) SF 1,410 $800 $1128000 $5.50 7,755.000 8900 512,69000 5650 612 Delineator (Type I) EACH 32 $4000 $128000 547.50 1520.000 $36.00 $1,15200 53500 612 Delineator (Type II) EACH 73 $42.00 53,06600 $54.50 3,978 500 $41 00 $2,99300 $4000 612 Delineator (Type III) EACH 16 $4500 $72000 561.50 984000 846.00 $73600 $4500 614 Sign Panel (Class l) SF 2.67 $25.00 $6675 $3400 90.780 $26.00 $6942 52500 614 Sign Panel (Class II) SF 72.5 830.00 $2,175 00 53700 2,682 500 $2800 82,030.00 $2800 614 Steel Sign Post (25'x 2 5" Square Tubing) LF 55 $1500 $82500 $16.50 907.500 $12.50 $687.50 $15.00 614 Steel Sign Post (2' Round) (Past) LF 22 $1500 $330.00 819.00 418000 $14.50 8319.00 $1500 614 Steel Sign Support(2" Round) (Socket) EACH 2 520000 $40000 8326.50 653000 $26000 $520.00 $250.00 614 Steel Sign Support (2 5' NP -40) (Post) LP 68 $25.00 51,70000 $22 00 1,496.000 516.50 51,122 00 816.00 614 Steel Sign Support (2.5"NP-40)(Slipbase) EACH 6 $200.00 51,200.00 $37450 2,247 000 $29500 $1,77000 8280.00 614 Barricade (Type 3 F -D) EACH 2 580000 $1,60000 51565.00 3,130.000 51,200 00 $2,40000 $1,200.00 620 Field Office (Class 2) EACH I $15,00000 515,000 00 $8,250 00 8,250 000 $12,50000 $12,500.00 $30,00000 620 Sanitary Facility EACH 2 $100000 $2,00000 51000.00 2,000000 8130000 $2600.00 $100000 621 Detour Pavement SY 2,500 $5000 $125,00000 $40.00 100,000000 $45.00 5112,500.00 83000 625 Constmction Surveying LS 1 825,000.00 $25,00000 $51,502 00 51502000 $42,000.00 842,000.00 $40,00000 626 obi non LS 1 $188910.15 $188,910. IS 520174700 201747000 $300,000 00 $300,00000 $335,00000 627 Pavement Marking Paint(Waterborne) GAL 62 $5000 $3,100.00 $361 50 22,413.000 $4300 $2,666.00 $45.00 627 Epoxy Pavement Marking GAL 138 $150.00 $20,70000 $214.50 29,601 000 $8800 $12,144 00 $88.00 Hello