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Home My WebLink About20150633.tiff 1861 MEMORANDUM it , -, :r� l' -i' ti, ‘, TO: Esther Gesick, CTB DATE: April 1 , 2015 � L. ; ' "1 a a u TY FROM: Clay Kimmi , P. E. , Public Works SUBJECT: Contract for EM-BR9.5-24.5A Flood Repair Project CeLd *8,5 (x-r)s9) Attached are 2 original contracts. Please place the attached agreement on the BOCC Agenda. Please return a copy of the agreement to me so I can forward to the contractor. The BOCC approved the award of this contract to L&M Enterprises, Inc. on Monday, March 23, 2015. The contractor has signed the contract and has provided a performance bond, a labor bond , and a certificate of insurance listing Weld County and the State of Colorado as additional insured parties. The BOCC is asked to sign this contract so the flood repair work can be started as soon as possible. The contractor would like to get started as soon as possible in order to have as much time prior to spring runoff to complete the work. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. Cc : ng) cie/F) ei A_ / 9‘0- it) "44 -07.0 ( 5 /� :??0/ 5- O(c33 0 EG Cr» z Page 1 of 1 M:Weld County Flood 2013 Version 2\Site Specific Projects\Bridge Projects\9.5-24SA\Phase 2 Work\Contract Does\Contract\EM-BR9.5-24.5A,P4asp 2 �pnt�c h Memo to B0CC4ocx /kfJ�LU U J WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND L&M ENTERPRISES, INC. PROJECT: EM-BR9.5-24.5A-P4ASE 2 THIS AGREEMENT is made and entered into this Y day FFF of *eft' , 2015, 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and L&M Enterprises, Inc., whose address is, P.O. Box W, Berthoud, CO 80513, hereinafter referred to as "Contractor". WHEREAS, the above mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1500059. The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"); to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the o207.5-- o‘3_3 (1) Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty(30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials(or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $426,656.21, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written 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. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional provisions: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; Hi. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name Weld County and the State of Colorado as an additional insureds. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub-vendors suppliers or other entities upon request by the County. 14. Special Flood Provision. The successful bidder agrees that it is a"Sub-grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Clay Kimmi, Senior Engineer. All notices or other communications (including annual maintenance) made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a. personal service by a reputable courier service requiring signature for receipt; or b. five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c. electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d. transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: L&M Enterprises, Inc. Attn.: Justus Bebo, President Address: PO Box W Address: Berthoud, CO 80513 E-mail: jbebo@lmenterprisesinc.com Phone: 970-532-3706 Facsimile: 970-532-5814 County: Name: Clay Kimmi Position: Senior Engineer Address: PO Box 758 Address: 1111 H St, Greeley, CO 80632-0758 E-mail: ckimmi@co.weld.co.us Phone: 970-304-6496 x 3741 Facsimile: 970-304-6497 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 25. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 26. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E- Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c)shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 30. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 31. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees that, if required by the provisions of Appendix A, the work shall be in compliance with the applicable GENERAL CONDITIONS and is a part of this Agreement. 33. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment: County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B and Attachment A, General Conditions of the Contract, is the complete and exclusive 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. /fi 904- g/ IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of " S/L-, 2015. CONTRACTOR: Lc M Ert+ rp rl 5 -111C,A . By: _ .)i Date Name: Su.3- i s 1lot) Title:" V 3‘t ckflt WELD COIt7Y G( :4k ATTEST: ��ss BOARD OF COUNTY COMMISSIONERS Weld C. my Clerk to the Boar i � WELD COUNTY, COLORADO SLz BY: '��'../ `;' �/►♦ �� ► -�'�-�✓1p�� Deputy CI to the Bt . d ��+'jp• �1 Mike Freeman, Pro-Tern�� APR 0 8 2015 it6t APPROVED AS TO FUNDI� i `rl --` ,�APPROVED AS SUBSTANCE: t , • / le or Depa men --1 APPR• . A TO W1( Director of G er I Services C. nt 0,2045-- 0 lv 53 (,2") ATTACHMENT A: GENERAL CONDITIONS OF THE CONTRACT 1. Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications). 1. Contract and Contract Documents 41. Conflicting Conditions 2. Definitions 42. Notice and Service Thereof 3. Additional Instructions and Drawings 43. Provisions Deemed Inserted 4. Shop or Setting Drawings 44. Life/Health Protection 5. Materials, Service, Facilities 45. Subcontracts 6. Contractor's Title to Materials 46. Interest/Congressmen 7. Inspection/Testing of Materials 47. Other Prohibited Interests 8. "Or Equal" Clause 48. Use Prior to Acceptance 9. Patents 49. Photographs 10. Surveys, Permits and Regulations 50. Suspension of Work 11. Contractor's Obligations 51. Minimum Wages 12. Weather Conditions 52. Underpayment of Wages 13. Protection of Work and Property- 53. Fringe Benefits Property---Emergency 54. Overtime Compensation 14. Inspection 55. Apprentices 15. Reports, Records and Data 56. Section 3 16. Superintendence by Contractor 57. Employment Prohibited 17. Changes in Work 58. Anti-Kickback Act 18. Extras 59. Classifications Not Listed 19. Time for Completion and Liquidated 60. Benefits Not Expressed Damages 61. Posting of Wage Rates 20. Correction of Work 62. Complaints or Testimony 21. Subsurface Conditions-Different 63. Claims and Disputes 22. Claims for Extra Cost 64. Questions Re: Regulations 23. Owner Termination of Contract 65. Payrolls and Records 24. Construction Schedule/Periodic 66. Specific Coverage 25. Payments to Contractor 67. Ineligible Subcontractors 26. Final Payment as Release 68. Provisions to be Included 27. Payments by Contractor 69. Breach of Labor Standards 28. Insurance 70. Employment Practices 29. Contract Security 71. Contract Termination; Debarment 30. Additional or Substitute Bond 72. Public Contract for Services — Employment 31. Assignments Eligibility Verification 32. Mutual Responsibility of Contractors 73. Subcontracting with Small and Minority 33. Separate Contractors Firms, Women's Business Enterprise, and 34. Subcontracting Labor Surplus Area Firms 35. Architect/Engineer's Authority 74. HUD 4010 Form, Labor Standards 36. Stated Allowances Provisions 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the Owner, i.e., the Local Government. (b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for work at the site of the project,for and under separate contract or agreement with the Contractor. (c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be performed without additional expenses to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property— Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records,and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedule, payrolls, reports, estimates, records, and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved (b) An agreed lump sum (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6)Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections(a)and(b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless within (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such material, appliances, and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the Owner may retain five percent(5%)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER, that the Owner at any time after fifty percent (50%) of work has been completed, if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other division of the Contract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials, tools, and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the Supplemental General Conditions, Form (HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f► PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after five (5) days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub-contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance,"the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; (f) to affect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right-of-Way Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The Owner will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a permit to complete construction. Consent of the Surety must also be obtained. (1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor(a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor(as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph(b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs(a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u.(Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons)taking applications for each of the positions; and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So-Called "Anti-Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or(e) the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay (including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis-Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv)of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services—Employment Eligibility Verification In accordance with C.R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E-Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the owner and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E-Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre-employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5-102(5)(a). (e) The Department of Local Affairs or the Owner may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the Owner. 73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies. Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the the work in a prominent and accessible, place construction work covered by this contract where it can be easily seen by the workers. pertains is being assisted by the United States (ii) (a)Any class of laborers or mechanics which of America and the following Federal Labor is not listed in the wage determination and which Standards Provisions are included in this is to be employed under the contract shall be Contract pursuant to the provisions applicable to classified in conformance with the wage such Federal assistance. determination. HUD shall approve an additional A. 1. (i) Minimum Wages. All laborers and classification and wage rate and fringe benefits mechanics employed or working upon the site of therefore only when the following criteria have the work, will be paid unconditionally and not been met: less often than once a week, and without (1)The work to be performed by the subsequent deduction or rebate on any account classification requested is not performed by a (except such payroll deductions as are permitted classification in the wage determination; and by regulations issued by the Secretary of Labor (2)The classification is utilized in the area by the under the Copeland Act(29 CFR Part 3), the full construction industry; and amount of wages and bona fide fringe benefits (3)The proposed wage rate, including any bona (or cash equivalents thereof)due at time of fide fringe benefits, bears a reasonable payment computed at rates not less than those relationship to the wage rates contained in the contained in the wage determination of the wage determination. Secretary of Labor which is attached hereto and (Office of Labor Relations Previous editions are made a part hereof, regardless of any obsolete Page 1 of 5 form HUD-4010 (06/2009) contractual relationship which may be alleged to ref. Handbook 1344.1 exist between the contractor and such laborers and mechanics. Contributions made or costs b) If the contractor and the laborers and reasonably anticipated for bona fide fringe mechanics to be employed in the classification benefits under Section l(b)(2)of the Davis- (if known), or their representatives, and HUD or Bacon Act on behalf of laborers or mechanics its designee agree on the classification and are considered wages paid to such laborers or wage rate(including the amount designated for mechanics, subject to the provisions of 29 CFR fringe benefits where appropriate), a report of 5.5(a)(1)(iv); also, regular contributions made or the action taken shall be sent by HUD or its costs incurred for more than a weekly period designee to the Administrator of the Wage and (but not less often than quarterly) under plans, Hour Division, Employment Standards funds, or programs,which cover the particular Administration, U.S. Department of Labor, weekly period, are deemed to be constructively Washington, D.C. 20210. The Administrator, or made or incurred during such weekly period. an authorized representative,will approve, Such laborers and mechanics shall be paid the modify, or disapprove every additional appropriate wage rate and fringe benefits on the classification action within 30 days of receipt and wage determination for the classification of work so advise HUD or its designee or will notify HUD actually performed,without regard to skill, or its designee within the 30-day period that except as provided in 29 CFR 5.5(a)(4). additional time is necessary. (Approved by the Laborers or mechanics performing work in more Office of Management and Budget under OMB than one classification may be compensated at control number 1215-0140.) the rate specified for each classification for the (c) In the event the contractor, the laborers or time actually worked therein: Provided that the mechanics to be employed in the classification employer's payroll records accurately set forth or their representatives, and HUD or its the time spent in each classification in which designee do not agree on the proposed work is performed. The wage determination classification and wage rate (including the (including any additional classification and wage amount designated for fringe benefits, where rates conformed under appropriate), HUD or its designee shall refer the 29 CFR 5.5(a)(1)(ii)and the Davis-Bacon poster questions, including the views of all interested (W H-1321)shall be posted at all times by the parties and the recommendation of HUD or its contractor and its subcontractors at the site of designee, to the Administrator for determination. The Administrator, or an authorized by the contract, HUD or its designee may, after representative, will issue a determination within written notice to the contractor, sponsor, 30 days of receipt and so advise HUD or its applicant, or owner, take such action as may be designee or will notify HUD or its designee necessary to cause the suspension of any within the 30-day period that additional time is further payment, advance, or guarantee of funds necessary. (Approved by the Office of until such violations have ceased. HUD or its Management and Budget under OMB Control designee may, after written notice to the Number 1215-0140.) contractor, disburse such amounts withheld for (d)The wage rate(including fringe benefits and on account of the contractor or where appropriate)determined pursuant to subcontractor to the respective employees to subparagraphs whom they are due. The Comptroller General (1)(ii)(b)or(c)of this paragraph, shall be paid to shall make such disbursements in the case of all workers performing work in the classification direct Davis-Bacon Act contracts. under this contract from the first day on which 3. (i) Payrolls and basic records. Payrolls and work is performed in the classification. basic records relating thereto shall be (iii)Whenever the minimum wage rate maintained by the contractor during the course prescribed in the contract for a class of laborers of the work preserved for a period of three years or mechanics includes a fringe benefit which is thereafter for all laborers and mechanics not expressed as an hourly rate, the contractor working at the site of the work. Such records shall either pay the benefit as stated in the wage shall contain the name, address, and social determination or shall pay another bona fide security number of each such worker, his or her fringe benefit or an hourly cash equivalent correct classification, hourly rates of wages paid thereof. (including rates of contributions or costs (iv) If the contractor does not make payments to anticipated for bona fide fringe benefits or cash a trustee or other third person, the contractor equivalents thereof of the types described in may consider as part of the wages of any Section I (b)(2)(B)of the Davis-bacon Act), laborer or mechanic the amount of any costs daily and weekly number of hours worked, reasonably anticipated in providing bona fide deductions made and actual wages paid. fringe benefits under a plan or program, Whenever the Secretary of Labor has found Provided, That the Secretary of Labor has under 29 CFR 5.5(a)(1)(iv)that the wages of found, upon the written request of the contractor, any laborer or mechanic include the amount of that the applicable standards of the Davis-Bacon any costs reasonably anticipated in providing Act have been met. The Secretary of Labor may benefits under a plan or program described in require the contractor to set aside in a separate Section I(b)(2)(B)of the Davis-Bacon Act, the account assets for the meeting of obligations contractor shall maintain records which show under the plan or program. (Approved by the that the commitment to provide such benefits is Office of Management and Budget under OMB enforceable, that the plan or program is Control Number 1215-0140.) financially responsible, and that the plan or 2.Withholding. HUD or its designee shall upon program has been communicated in writing to its own action or upon written request of an the laborers or mechanics affected, and records authorized representative of the Department of which show the costs anticipated or the actual Labor withhold or cause to be withheld from the cost incurred in providing such benefits. contractor under this contract or any other Contractors employing apprentices or trainees Federal contract with the same prime contractor, under approved programs shall maintain written or any other Federally-assisted contract subject evidence of the registration of apprenticeship to Davis-Bacon prevailing wage requirements, programs and certification of trainee programs, which is held by the same prime contractor so the registration of the apprentices and trainees, much of the accrued payments or advances as and the ratios and wage rates prescribed in the may be considered necessary to pay laborers applicable programs. (Approved by the Office of and mechanics, including apprentices, trainees Management and Budget under OMB Control and helpers, employed by the contractor or any Numbers 1215-0140 and 1215-0017.) subcontractor the full amount of wages required (ii)(a)The contractor shall submit weekly for by the contract In the event of failure to pay any each week in which any contract work is laborer or mechanic, including any apprentice, performed a copy of all payrolls to HUD or its trainee or helper, employed or working on the designee if the agency is a party to the contract, site of the work, all or part of the wages required but if the agency is not such a party, the contractor will submit the payrolls to the deductions have been made either directly or applicant sponsor, or owner, as the case may indirectly from the full wages earned, other than be, for transmission to HUD or its designee. The permissible deductions as set forth in 29 CFR payrolls submitted shall set out accurately and Part 3; (3) That each laborer or mechanic has completely all of the information required to be been paid not less than the applicable wage maintained under 29 CFR 5.5(a)(3)(i)except rates and fringe benefits or cash equivalents for that full social security numbers and home the classification of work performed, as specified addresses shall not be included on weekly in the applicable wage determination transmittals. Instead the payrolls shall only need incorporated into the contract. to include an individually identifying number for (c)The weekly submission of a properly each employee(e.g., the last four digits of the executed certification set forth on the reverse employee's social security number). The side of Optional Form WH-347 shall satisfy the required weekly payroll information may be requirement for submission of the"Statement of submitted in any form desired. Optional Form Compliance" required by subparagraph WH-347 is available for this purpose from the A.3.(ii)(b). Wage and Hour Division Web site at (d)The falsification of any of the above http://www.dol.gov/esa/whd/forms/wh347instr.ht certifications may subject the contractor or m or its successor site. The prime contractor is subcontractor to civil or criminal prosecution responsible for the submission of copies of under Section 1001 of Title 18 and Section 231 payrolls by all subcontractors. Contractors and of Title 31 of the United States Code. subcontractors shall maintain the full social (iii)The contractor or subcontractor shall make security number and current address of each the records required under subparagraph A.3.(i) covered worker, and shall provide them upon available for inspection, copying, or transcription request to HUD or its designee if the agency is a by authorized representatives of HUD or its party to the contract, but if the agency is not designee or the Department of Labor, and shall such a party, the contractor will submit the permit such representatives to interview payrolls to the applicant sponsor, or owner, as employees during working hours on the job. If the case may be, for transmission to HUD or its the contractor or subcontractor fails to submit designee, the contractor, or the Wage and Hour the required records or to make them available, Division of the Department of Labor for purposes HUD or its designee may, after written notice to of an investigation or audit of compliance with the contractor, sponsor, applicant or owner, take prevailing wage requirements. It is not a such action as may be necessary to cause the violation of this subparagraph for a prime suspension of any further payment, advance, or contractor to require a subcontractor to provide guarantee of funds. Furthermore, failure to addresses and social security numbers to the submit the required records upon request or to prime contractor for its own records, without make such records available may be grounds for weekly submission to HUD or its designee. debarment action pursuant to 29 CFR 5.12. (Approved by the Office of Management and 4.Apprentices and Trainees. Budget under OMB Control Number 1215-0149.) (i)Apprentices.Apprentices will be permitted to (b) Each payroll submitted shall be work at less than the predetermined rate for the accompanied by a "Statement of Compliance," work they performed when they are employed signed by the contractor or subcontractor or his pursuant to and individually registered in a bona or her agent who pays or supervises the fide apprenticeship program registered with the payment of the persons employed under the U.S. Department of Labor, Employment and contract and shall certify the following: (1)That Training Administration, Office of Apprenticeship the payroll for the payroll period contains the Training, Employer and Labor Services, or with information required to be provided under 29 a State Apprenticeship Agency recognized by CFR 5.5(a)(3)(ii), the appropriate information is the Office, or if a person is employed in his or being maintained under 29 CFR 5.5(a)(3)(i), and her first 90 days of probationary employment as that such information is correct and complete; an apprentice in such an apprenticeship Previous editions are obsolete(2)That each program, who is not individually registered in the laborer or mechanic(including each helper, program, but who has been certified by the apprentice, and trainee)employed on the Office of Apprenticeship Training, Employer and contract during the payroll period has been paid Labor Services or a State Apprenticeship the full weekly wages earned, without rebate, Agency(where appropriate)to be eligible for either directly or indirectly, and that no probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on plan approved by the Employment and Training the job site in any craft classification shall not be Administration. Every trainee must be paid at not greater than the ratio permitted to the contractor less than the rate specified in the approved as to the entire work force under the registered program for the trainee's level of progress, program. Any worker listed on a payroll at an expressed as a percentage of the journeyman apprentice wage rate, who is not registered or hourly rate specified in the applicable wage otherwise employed as stated above, shall be determination. Trainees shall be paid fringe paid not less than the applicable wage rate on benefits in accordance with the provisions of the the wage determination for the classification of trainee program. If the trainee program does not work actually performed. In addition, any mention fringe benefits, trainees shall be paid apprentice performing work on the job site in the full amount of fringe benefits listed on the excess of the ratio permitted under the wage determination unless the Administrator of registered program shall be paid not less than the Wage and Hour Division determines that the applicable wage rate on the wage there is an apprenticeship program associated determination for the work actually performed. with the corresponding journeyman wage rate Where a contractor is performing construction on the wage determination which provides for on a project in a locality other than that in which less than full fringe benefits for apprentices. Any its program is registered, the ratios and wage employee listed on the payroll at a trainee rate rates(expressed in percentages of the who is not registered and participating in a journeyman's hourly rate)specified in the training plan approved by Previous editions are contractor's or subcontractor's registered obsolete the Employment and Training program shall be observed. Every apprentice Administration shall be paid not less than the must be paid at not less than the rate specified applicable wage rate on the wage determination in the registered program for the apprentice's for the work actually performed. In addition, any level of progress, expressed as a percentage of trainee performing work on the job site in excess the journeymen hourly rate specified in the of the ratio permitted under the registered applicable wage determination. program shall be paid not less than the Apprentices shall be paid fringe benefits in applicable wage rate on the wage determination accordance with the provisions of the for the work actually performed. In the event the apprenticeship program. If the apprenticeship Employment and Training Administration program does not specify fringe benefits, withdraws approval of a training program, the apprentices must be paid the full amount of contractor will no longer be permitted to utilize fringe benefits listed on the wage determination trainees at less than the applicable for the applicable classification. If the predetermined rate for the work performed until Administrator determines that a different practice an acceptable program is approved. prevails for the applicable apprentice (iii) Equal employment opportunity. The classification, fringes shall be paid in utilization of apprentices, trainees and accordance with that determination. In the event journeymen under 29 CFR Part 5 shall be in the Office of Apprenticeship Training, Employer conformity with the equal employment and Labor Services, or a State Apprenticeship opportunity requirements of Executive Order Agency recognized by the Office, withdraws 11246, as amended, and 29 CFR Part 30. approval of an apprenticeship program, the 5. Compliance with Copeland Act contractor will no longer be permitted to utilize requirements.The contractor shall comply with apprentices at less than the applicable the requirements of 29 CFR Part 3 which are predetermined rate for the work performed until incorporated by reference in this contract. an acceptable program is approved. 6. Subcontracts. The contractor or (ii)Trainees. Except as provided in 29 CFR subcontractor will insert in any subcontracts the 5.16, trainees will not be permitted to work at clauses contained in subparagraphs 1 through less than the predetermined rate for the work 11 in this paragraph A and such other clauses performed unless they are employed pursuant as HUD or its designee may by appropriate ',to and individually registered in a program instructions require, and a copy of the applicable which has received prior approval, evidenced by prevailing wage decision, and also a clause formal certification by the U.S. Department of requiring the subcontractors to include these Labor, Employment and Training Administration. clauses in any lower tier subcontracts. The The ratio of trainees to journeymen on the job prime contractor shall be responsible for the site shall not be greater than permitted under the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this be discharged or in any other manner paragraph. discriminated against by the Contractor or any 7. Contract termination; debarment. A breach subcontractor because such employee has filed of the contract clauses in 29 CFR 5.5 may be any complaint or instituted or caused to be grounds for termination of the contract and for instituted any proceeding or has testified or is debarment as a contractor and a subcontractor about to testify in any proceeding under or as provided in 29 CFR 5.12. relating to the labor standards applicable under 8. Compliance with Davis-Bacon and Related this Contract to his employer. Act Requirements. B. Contract Work Hours and Safety All rulings and interpretations of the Davis- Standards Act.The provisions of this Bacon and paragraph B are applicable where the amount of Related Acts contained in 29 CFR Parts 1, 3, the prime contract exceeds$100,000. As used and 5 are herein incorporated by reference in in this paragraph, the terms"laborers" and this contract "mechanics" include watchmen and guards. 9. Disputes concerning labor standards. (1) Overtime requirements. No contractor or Disputes arising out of the labor standards subcontractor contracting for any part of the provisions of this contract shall not be subject to contract work which may require or involve the the general disputes clause of this contract. employment of laborers or mechanics shall Such disputes shall be resolved in accordance require or permit any such laborer or mechanic with the procedures of the Department of Labor in any workweek in which the individual is set forth in 29 CFR Parts 5, 6, and 7. Disputes employed on such work to work in excess of 40 within the meaning of this clause include hours in such workweek unless such laborer or disputes between the contractor(or any of its mechanic receives compensation at a rate not subcontractors)and HUD or its designee, the less than one and one-half times the basic rate U.S. Department of Labor, or the employees or of pay for all hours worked in excess of 40 hours their representatives. in such workweek. 10. (i)Certification of Eligibility. By entering (2)Violation; liability for unpaid wages; into this contract the contractor certifies that liquidated damages. In the event of any neither it(nor he or she) nor any person or firm violation of the clause set forth in subparagraph who has an interest in the contractor's firm is a (1)of this paragraph, the contractor and any person or firm ineligible to be awarded subcontractor responsible therefore shall be Government contracts by virtue of Section 3(a) liable for the unpaid wages. In addition, such of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or contractor and subcontractor shall be liable to to be awarded HUD contracts or participate in the United States(in the case of work done HUD programs pursuant to 24 CFR Part 24. (ii) under contract for the District of Columbia or a No part of this contract shall be subcontracted to territory, to such District or to such territory), for any person or firm ineligible for award of a liquidated damages. Such liquidated damages Government contract by virtue of Section 3(a) of shall be computed with respect to each the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to individual laborer or mechanic, including be awarded HUD contracts or participate in HUD watchmen and guards, employed in violation of programs pursuant to 24 CFR Part 24. (iii)The the clause set forth in subparagraph (1) of this penalty for making false statements is paragraph, in the sum of$10 for each calendar prescribed in the U.S. Criminal Code, 18 U.S.C. day on which such individual was required or 1001. Additionally, U.S. Criminal Code, Section permitted to work in excess of the standard 1 01 0, Title 18, U.S.C., workweek of 40 hours without payment of the "Federal Housing Administration transactions", overtime wages required by the clause set forth provides in part: "Whoever, for the purpose of. . in sub paragraph (1)of this paragraph. . influencing in any way the action of such (3)Withholding for unpaid wages and Administration makes, utters or publishes any liquidated damages. HUD or its designee shall statement knowing the same to be false shall upon its own action or upon written request of an be fined not more than $5,000 or imprisoned not authorized representative of the Department of more than two years, or both." Labor withhold or cause to be withheld, from any 11. Complaints, Proceedings, or Testimony moneys payable on account of work performed by Employees. No laborer or mechanic to by the contractor or subcontractor under any whom the wage, salary, or other labor standards such contract or any other Federal contract with provisions of this Contract are applicable shall the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through(4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through (4)of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3)The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. O Office of Labor Relations Previous Editions are obsolete Page 1 of 5 Form: HUD-410(06-2009) Ref. Handbook 1344 CO , o U pp O n <n U7 O m NO N V V ,' O CU O a U: N O O O O Q . 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NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitatio for Bids Drawings, Specifications and other Contract Documents. 6 Addendum No. Date: Z Jz_ i 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 Bid for Request No. #B1500059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted,all of the documents of the Request for Bid contained herein(including,but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids,to waive any informality in the bids,and to accept the bid that,in the opinion of the Board of County Commissioners, is to the best interests of Weld County.h ' The bid( )may be awarded ed to more than one vendor. FIRM f\ C,} ri-.1.c. BY c- (Please print) BUSINESS 1y ADDRESS ,DATE \L�t �U CITY, STATE,ZIP CODE Y\ \ (\ e O .?3Cf�\3 TELEPHONE Nerri0 c .13`--).(Thln FA)� Lk TAX ID# . 1--\ v 'V? --( SIGNATURE L ---TMA --.... E-MAIL (V\\Y12 I a� I ti,n c (,A C..CrIA/v . WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -10. BID NO#B1500059 Page 12 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#B1500059 Page 14 F aril W8.9 Request for Taxpayer Cave Forth to the r.Do not l"y.Nasal p'3) identification Number and Certification bend to(*peen esir Ow trmisuST Isamu R slim So .:a - T Nan*as 4101A11 1111 ynx.,nrmine 14*learn) I N ;Qumon narrneidsoeerdm)ma flerreq.A•kfl.00l knot nanpvo sir! _tom. _..__ -ris _-- - a r(ae'.k µytaynAte Ise.ke hells!�laryx-�tJmhuals laempltar(aoe aeVucaae): i1 ;' JQ C C aempaatm ,_j Yarfnrsht I I Tna.Uaatato ii . .Indlvdtsysde yroprlola raPu ❑S o:a Exempt Pao re coda Of awl z v ) ! 1 mom Willy caress* Fier e.Isis awaltaten F-C;inpaelan.SSaxa>sb P lrn. -rylrrmr op)► 1 xenpaaa tan I AICA repareng coda N any) 1 n om'r Ore instructions), Md. •un4- .tract.sal aw ••no.) 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En's'your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line III.( I"achy nwwM. to a void backup wltithoking.Forindividuals.this is your social security number(WV).However.for a r._disregarded 1 � 1 resident alien,sole proprietor,adisregarded entity,see Ma Pact I(nstrucdem on pogo 3 For other l 7 entities,k is your employer identification number(EIN) V you do not have a number,see Now to pet a l 1 - I r i TIN on page 3 Foote.II thea account is n more than ores name,seethe charton page 4 for guidelines on whosedol*rWwhoseEnitha w ice ltros � ien nimbus t 1 number ho enter I� -L.10163(6 r' P:irt II Certification Under pontes of penury.I ovally that I TIW r'4%nber shown on Mit form is my correct taxpayer Identmca11al number(or I am waiting fora number to be issued to me).Yid 2 Ism not sutled to badalp wit ricking because(a)I am exempt from backup wrthholdrlg.or(b)May*ay not bean tooted by the!Memel Revenue Seneca(IRS)that I am skied to backup witltholdng as it result or a talks'to report all interest or 6Ndends.or(c)the IRS hes notrMd ma that I ern no longer sugect to backup wltMddn9.and 3 I em a U.S.citizen or/ether U.S.person Wined below).end 4 The FATCA code(*)erased on this term(It any)mdicarIng with I ern exempt Irorn FATCA reporting Is correct Certification Instructions.You must close out Item 2 above II you have been nctlbed by the IRS teal you are currently sublect to backup vdlhlt0Ndld9 becauaa you have toted to report ell risen and diedin s on your tax rerun.for rani estate transaction,Item 2 toes not apply For ns rtgege interest pod.ecgtrsltion or abandonment of**cued property.can atlon 01 debt.contributions to an individual retirement arrangement(IRA),and generally.payments other then IMerast d vidende,you Yen wed to sign the Certification.bur you must provide your correct TIN.See au r»trucbas on page 3. _ _ Sign tLiarnsMa a ��Mare i U.S.�.�� ate► Al i /yi�ee•eeal IQ wre4xerRg fora uh ktwypl4xrkx+a i isiY. .... t+vdy.:rrx.s.r(nxanu.rxl n Vrttr�1 4 Certify Owl FArcA..axkr(a)raNm.d sir Mu.loaf if env,xv*rreenq Mot you s Seam rake arc lo(hr Intern*Nemo es•Cud.titan uar r.roe noted mange e.m eW'Ali:A'opsatvnq.N mama Fights eeselapnstlts.Iho INS has recital a paw sir Iib.mov Ss ntanitarat Nee,r you re e U S poison and a logo.sda pxw war a lam saw I..F ono axial F and W 9.41 www.as.Ipov wtl.IgrmNaan sb.M any huk.r durokar lu tr W.S ice m.uent you 194.you mid roe fns r.ruArr'a kern rid in etteedseMt elleAng I am W Vouch as*psalm smeta0 ate wo mama ot*e be posted vner la curs Fenn w ti wilted per Deldeen el a UA.person Fit kedaal law µvow-.You ore.,a stknad a LI a. 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A promo who et Impanel In Mr.an adamant r roan w eh he 115 near dram I s. •M TdNdrsi whin to a 115 slew et U.S Ieslderll WAR lamed Is.marl alrrildn:akui'Am.MN,tempo 1.ha woman(**,ru:on*,god hi •Aprt mile.aslrwabm.a xrrwNry.Al.rea:shan rweak.al is oryo.aoe r.des year.payments male k.ycu in satasnsnt re perinea card and lewd patty network lased SIat*a larks the Law.of Sic lVHwl SWIM transactors**.reel*Hale treat o ns.malpaQe maw wt you pod.argtaebm a •Art male Mao eon a kas%'°Meta.a ebrdanww al e..aard wupnM.ca'ceaaben W.M44.re contraption.you merle •A Oomesfe bust gas ddane0 in lli 1leQx K ne Sean SOI.JJU I-Tl In an llA i loo From W 0 only it y CAI are it I I S nxwn.a.(a.atabrxi a Iantra a5uai to wow Nee tar parawrsls-Pernelatops Mai Oa11Qrt1 or bda a buuws In (sonde yar camellia to Ste parson tequeArq M(the rooster)and.when one Naiad Maw era gArxaaay required I..pay•ern WnrArfahq la.axles Aaiun Aaiun amicable.1O' 1446 m wry knew Patina'Mao*c MMd.yely.aavxAe.l taxable swoon*hen Gail tr wows.I urns,in certain cases where or i am W•e has not ben removed. 1 Carry nun the TW YOU re%pony is a;urawl it yrn ar waaay.■...mutt she nine alder section Idea reapers a patnelrhp to paean*1141 a partner is a kr tar wencT), lonlpr prone.,axl pry Mr MN:Va11444 wwlh'Nryl tax Thrakm a yak ant s Z.l.CiIM aa;yak aw axe W4r-ct to Ltad(4 Vellllxlldny.r I l S pnaah Ilse a.{saki.if.A prbauAgl wxlrLsy a Vail.a awash in the 3.(]am eaomp tat Ian backup withhadans d you at a LI S.exempt payer United Slake,morale I am W e to he psNhaahp to establish yea U.S.sae* aivinaldx.yr*n are elan mmiymy tad re ell S.per eat yore asotabl.shirrs re and wood atrctrm 144E wittliatdreD on you shwa d panikNshky atoms wry psltna!hpxna.r.Vain A I)F. had,in Iune r.Aa a txo s*IIAcl lathe t,al Nu Italia rum W-91Rm S?013) BID NO#81500059 Page 15 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: ( 4.4 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable,responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name a y or Fi L.t, \.•‘. ps(Company or Firm)' �� 2. Permanent main office address: BONK V`t .fwd Phone Number: 9-ko Fax Number: �� 3. Year Company was organized: 1� }\- 4. Number of years this Company has been engaged similar construction: -.)l, t1{ tq J Under what firm,company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? v1C4 \CA—WV 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: \al( CL' (sX Tit& $ ' f�� L \k .--1S 31 zd R114AU4y'\ lb G\(\ $ 'Z,4 3/206 $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. f I r 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 1)0(\ 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. O BID NO#81500059 Page 16 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. nom.. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc.,or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. Amu 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three(3)of the most recent project,similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name,location,project superintendent,owner's representative and ` phone number,J date completed and contract amount for each project. • Project Name: Sk `'( W'. QII AL4, 1-0` Location: F— yM C CO Supt: '��5 Owner's Representative: ^ coLl (71rf &[ . Phone:3L5'"D (4;1;1 Completion Date: R-lD ZO\' 1 Contract Amount: 59(0--11-k.Ct Project Name: l e TA}t(714- IA.l 1( Location: x,1(1.0,►• CO Supt: .b (U \ Owner's Representative:� 3Cu,,.1 } " Phone: -3(5 y4( 3a(:),..5 WOCompletion Date: 1� •�L)» Contract Amount: •��1 BID NO#B1500059 Page ST Project Name: C1O\41(1 % NIX \Y-c11, Location: M y��,T Supt: iX J'V\ i Owner's Representative: �'1�V'e... (k:NATA Phone:—/-)C?) �� /�►„{ Completion Date: k CC Y n\c--, Contract Amount: 41\,�( 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED,THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15%OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION %OF WORK Nocc) -TEAL —r-lc (Ct T , S Gb 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager,etc. NAME TITLE YRS. EXP" 109 n21—. P ztio_ \AA S zt is &W (c)i- 16. List all lawsuits previously filed against or currently pending against you,the Company or any officers of the Company. BID NO#B1500059 Page 18 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person,company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors.Dated this `� day of l`KO (Cl \ , 2015. Bidder: `V\ �l ylVS 11(_. Compan l By. Signature Name: S (Please Type) Title: NOTARY County of LOX ss. State of CO tor„ciO 'b'e_ being duly sworn, deposes and says that he is Pft5 t cLQri of Y 5 (Title) � � • , and that the answers to the foregoing questions and all (Company Name) 4 statements therein contained are true and correct. Subscribed and sworn before me this day of mAn. , 2015. DONNA BRADSHAW NOTARY PUBLIC 4@ OF COLORADO NOTARY ID 20104035960 COMMISSION EXPIRES JAN.05,2019 0 t—o5— 0 i Commission Expires Notary Public BID NO tt B1500059 Page 19 SECTION 3 RESIDENT CERTIFICATION Project Name: PROJECT: EM-BR9.5-25A—PHASE 2 Contract Number: To be assigned by DOLA at a later date. I qualify as a Section 3 resident because. ❑ I reside within the and County and my income is under 80%of area median income according to the income scale provided. I am NOT a Section 3 Resident I_ NI Lntcrpri,cs.tin. Company Name(print) Employee Name(pnntj._._._Iu'Iuti beha Signature - ::\pt.k4i.r.;--->'— Date „'''3- 0- Clr 4 Weld County 80%of Median Income by Family Size(Income Limits available at HUD.GOV• nup w.vw nu(I4 er ory;portatI P tasets.il i12013.setect GeoQraDhy.odr) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate County Income BID NO#81500059 Page 73 CERTIFICATIONS CIVIL RIGHTS PROJECT:EM-BR9.5-25A—PHASE 2 The undersigned is fully aware that this contract is wholly or partially federally funded,and further,agrees to abide by the: Civil Rights Act of 1964,Title VI,as amended,that provides no person on the basis of Race,Color,or National Origin shall be excluded from participation,denied program benefits,or subjected to discrimination. And,Civil Rights Act of 1968,Title VIII,as amended,will not discriminate in housing on the basis of Race,Color, Religion, Sex,or National Origin. And,Rehabilitation Act of 1973,Section 504,as amended,that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment,denied program benefits,subjected to discrimination under any program receiving federal funds: And,Housing and Community Development Act of 1974,Section 109,as amended,that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race,Color,National Origin,Sex,Age,and Handicap under any program or activity funded in whole or part under Title I(CDBG)of the Act. And,Age Discrimination Act of 1975,as amended,that no person shall be excluded from participation,denied program benefits,or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And,Americans with Disabilities Act of 1990, as amended,that there shall be no employment discrimination against"qualified individuals with disabilities." And,Executive Order 11063,that no person shall,on the basis of race,color,religion,sex,or national origin,be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And,Executive Order 11248, as amended, that no person shall be discriminated against,on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of$10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract,the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed,sex,color,national origin,familial status,religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, creed,sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE,state that all qualified applicants will receive consideration for employment without regard to race, creed,sex,color,national origin,familial status,religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. BID NO#81500059 Page 63 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September24, 1965,and by the rules, regulations and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his/her books,records,and accounts by the GRANTEE'S Department of Housing and/or Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR'S noncompliance with any provision of this contract or with any of such rules,regulations or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12(a)through(f)in every subcontract or purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provision will be binding upon each subcontractor or vendor.The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE'S Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503(if contract$25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ,advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations,or orders of the Secretary issued pursuant to Section 503 of the Act,so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase BID NO#81500059 Page 64 order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies,to the best of his or her knowledge and belief that: 1. The individual,sole proprietor,partnership,corporation,and/or association agrees to permit the CounNof Weld, State of Colorado Department of Local Affairs(DOLA),U.S.Department of Housing and Urban Development (HUD),and the Office of the Inspector General and/or their designated representatives to have access to all records for review,monitoring,and audit during normal working hours. 2. The individual, sole proprietor, partnership,corporation,and/or association agrees to retain all records for at least five years following the"official State of Colorado Department of Local Affairs(DOLA)"Closeout"date of the grant or the resolution of all audit findings,whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded,and further,by submission of the bid or proposal that the individual or firm certifies that: 1. There is no substantial interest, as defined by Colorado Statutes,with any public official,employee,agency. commission,or committee with Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission,or committee(including members of their immediate family)with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI-LOBBYING CERTIFICATION The undersigned certifies,to the best of his or her knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal,amendment, or modification of any federal contract,grant,loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. BID NOW 81500059 Page 65 CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications(Civil Rights,Equal Employment Opportunity,Affirmative Action for Handicapped Workers-Section 503,Access to Records and Records Retention,Conflict of Interest,Lobbying)are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U. S.Code. Justus Bebo (typed name of official) signature o of ,ial BID N0 a 81500059 page 66 CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS PROJECT: EM-8R8.5-25A—PHASE 2 Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY-EXECUTIVE ORDER 11246 SECTION 3 8 SEGREGATED FACILITIES CERTIFICATION NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO t 81500059 Page 67 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT:EM-BR9.5-25A-PHASE 2 INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25).The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors,shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening.No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER L&M Enterprises,Inc.PO Box W,Benhoud.CO 80513 NAME AND ADDRESS OF BIDDER(Include ZIP Code) 1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. Yes No 3. Bidder has filled all compliance reports due under applicable instructions. x Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes x No Justus Bebo.President NAME AND TITLE OF SIGNER P ase type) c��1• SIGNATURE ; DATE • • • BID NO M 81500059 Page 68 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES PROJECT:EM-8R9.5-25A-PHASE 2 Permanent Flood Repair Project Phase II 91500059 L&M Enterprises,Inc. Name of Contractor or Sub-Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Justus Bebo,President Name and Title of Signer(Type of Print) e `` Igna ure ` Date BID NOR 81500059 Page 69 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER PROJECT:EM-BRS.5-25A—PHASE Z State of O.A 0 ros:1O County of Lan Vh'2l- )ss. - -uJ`as 1342-LO being first duly sworn,deposes and says that: (1) He is Pr-Q51 tic A. of 1 A wxTr'(S'£5 The• ,the Bidder that has submitted the attached Bid; 1 (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affined,has in any way colluded,conspired,connived or agreed,directly or indirectly with another Bidder,firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract,or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached Bid or of any other Bidder,or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the(Local Public Agency)or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners,employees,or parties in interest, including is affined. (Signed) Title President I Subscribed and swom to me this defile PlOo c ,20 IJ_r By� d'en µT N DONNA BRADSHAW Notary Public NOTARY PUBLIC STATE OF COLORADO My Commission expires: t' 'I- GS- 07019 NOTARY ID 20104035990 COMMISSION EXPIRES JAN.05,2019 BID NO B1500059 Page 70 Section 3 Certifications PROJECT:EM-BRS.5-25A-PHASE 2 This section should be included in all Section 3 covered contracts. The CDBG Program will notify those grantees who have Section 3 covered activkies.Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A bidet explanation of the form and when the form is to be submitted to DOLA is listed below.Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. BID NO 0 B1500059 Page 71 SECTION 3 BUSINESS SELF-CERTIFICATION This form is to be completed by the contractor if applicable,and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. Project Name PROJECT: EM-BR8.5-25A—PHASE 2 Number. To be assigned by DOLA at a later date Contractor Name CVO Lntcrpn.c..Inc It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall,to the greatest extent feasible, be directed toward low and very low income persons. particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes No To qualify as a Section 3 business,you must meet one or more of the following three criteria(please check all that apply as per 24 CFR, Subchapter B, Part 135.5). Is owned(51%or more)by Section 3 residents(defined below') Employs in permanent, full-time positions,at least 30%persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25%of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. •Section 3 residents are persons who either live in public housing or are al or below the following income qualifications(available from your Project Monitor or at HUD.GOV) t.ttp l:www h..duSer orq%portalidatasets;r:t12013:setec; Geography odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate,and agree to provide records upon request for verification of my eligibility as a Section 3 business ign ure Title n�stu.Bak, 03- 1 CD— 4 O 15 Name(printed) Date LAM Enterprise,.Inc (typed name of entity) (dale) BiO NO M B1500059 Page 72 BID REQUEST NO. B1500059 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: PROJECT EM-BR9.5-24.5A— PHASE 2 fac -"t- EL COUNTY FEBRUARY 11, 2015 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO#B1500059 Page i TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications)which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 1 Instructions to Bidders 2-10 *Bid Schedule 11-12 *Bid Bond 13-14 *IRS Form W-9 15 *Statement of Qualifications and Subcontractors 16-19 *Civil Rights Certification 63-65 *Certification of Bidder Regarding Equal Employment Opportunity 67-68 *Certification of Contractor Regarding Section 3 & Segregated Facilities 69 *Non-Collusion Affidavit of Prime Bidder 70 * Section 3 Business Certification 71-72 *Section 3 Resident Certification 73 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 20 *Agreement 21-51 *Performance Bond 52-53 *Labor and Materials Payment Bond 54-55 Notice to Proceed 56 Change Order 57 Minor Contract Revision 58 Certificate of Substantial Completion 59 Lien Waiver 60 Final Lien Waiver 61 Notice of Acceptance 62 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) N/A Assignment of Antitrust Claims (CDOT Form #621) N/A Certification of Proposed Underutilized DBE Participation (CDOT Form #715) N/A Underutilized DBE Good Faith Effort Documentation N/A WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 74 Project Special Provisions 75-109 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 110 Stand Special Provisions 111-151 Current Davis Bacon Minimum Wages Decision 152-158 Required Provisions for Federal-Aid Construction Contracts (Form FHWA-1273) N/A ARMY CORPS OF ENGINEERS PERMIT: 404 Permit 159--186 PLAN SET SHEET INDEX: Plan Set Sheet Index iii Plan Set 187-204 BID NO#B1500059 Page ii PLAN SET SHEET INDEX SHEET SHEET TITLE NO. 2014 FLOOD REPAIR PROJECT EM-BR9.5-24.5A - PHASE 2 1 COVER SHEET 2 GENERAL NOTES 3 GRADING, EROSION AND SEDIMENT CONTROL - INITIAL 4 GRADING, EROSION AND SEDIMENT CONTROL - POST PROJECT 5 GRADING, EROSION AND SEDIMENT CONTROL - DETAILS 6 GRADING, EROSION AND SEDIMENT CONTROL - DETAILS 7 GRADING, EROSION AND SEDIMENT CONTROL - DETAILS 8 GRADING, EROSION AND SEDIMENT CONTROL - DETAILS 9 GRADING, EROSION AND SEDIMENT CONTROL - DETAILS 10 PLAN 11 GROUTED DROP DETAIL 12 CROSS SECTIONS 13 CROSS SECTIONS 14 TRAIL LAYOUT AND PROFILE 15 DETAILS 16 DETAILS 17 SUMMARY OF QUANTITIES 18 TRAFFIC CONTROL BID NO#B1500059 Page iii REQUEST FOR BID �`''� 86 , WELD COUNTY, COLORADO 1150 O STREET = GREELEY, CO 80631 / EL i GOUNTY DATE: FEBRUARY 11, 2015 BID NUMBER: B1500059 DESCRIPTION: EM-BR9.5-24.5A PERMANENT FLOOD REPAIR PROJECT—Phase 2 MANDATORY PRE-BID CONFERENCE DATE: FEBRUARY 18, 2015 BID OPENING DATE: MARCH 4, 2015 PRESENTATION TO BOCC: MARCH 9, 2015 ANTICIPATED NOTICE OF AWARD: MARCH 10, 2015 ANTICIPATED NOTICE TO PROCEED: MARCH 23, 2015 ANTICIPATED PROJECT COMPLETION: JUNE 22, 2015 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: EM-BR9.5-24.5A PERMANENT FLOOD REPAIR PROJECT— Phase 2 This project in general consist of reconstruction of a grouted boulder drop structure,concrete trail and abutment protection riprap abutment and pier protection at the 1-25 Frontage Road bridge along the St. Vrain Creek as a result of the flood event that occurred in September 2013. Specific work items include: removal of miscellaneous debris, minor bank grading,embankment and structure backfill, installation of riprap, soil riprap, grouted boulders, weep drains, concrete trail, an 18" CMP, traffic control, mobilization, and dewatering and water control for construction of the project. This project is a Federal Aid Project with compliance requirements including but not limited to: Certification of EEO Compliance and HUD Federal Labor Standards Provisions (Davis-Bacon) decision number CO150024 dated 1-2-2015. A mandatory pre-bid conference will be held at 10:00 a.m.,on FEBRUARY 18,2015,at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room#107 Greeley CO 80631 until: 10 a.m. on MARCH 4, 2015(Weld County Purchasing Time Clock). PAGES 1 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise,equipment,and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging,less all taxes and discounts, and shall,in every way,be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s)specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld BID NO#B1500059 Page 1 County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E- Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities.Participating entities post their bids,quotes, proposals, addendums,and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered)bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president,secretary,or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word"president,""secretary,""agent,"or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County 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. In accordance with Section 14-9(3)of the Weld County Home Rule Charter,Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners,is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements,attached with this document,are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the BID NO#B1500059 Page 2 Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work; Ability to complete the Work within the Contract Time. 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 may at his/her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests.The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder 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 five(5)calendar days BID NO#B1500059 Page 3 of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment,the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids.The County,within ten (10) days of receipt of acceptable Performance Bid, Labor& Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein(including,but not limited to,product specifications and scope of services), the successful bidders response, and the formal acceptance of the bid by Weld County, together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract,which if required, has been made a part of this RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor& Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there-under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified,the Bidder shall include in his Bid the cost of all electrical,water,sanitary, ga is a ephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. n Character of construction equipment and facilities needed for performance of the Work. I 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. BID NO#B1500059 Page 4 §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three(3)days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to C.R.S.§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3),if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S.§24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld 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 BID NO#B1500059 Page 5 following responsibilities with regard to workers'compensation and unemployment compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,execution,and enforcement of the contract.Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. 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. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance:The successful bidder agrees to procure the materials,equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care,skill,training,diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty(30)days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be BID NO#B1500059 Page 6 assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement,assumes toward County.County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards,and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non-Assignment:The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires,strikes,war,flood,earthquakes or Governmental actions. 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 BID NO#B1500059 Page 7 County Commissioners,as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County 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#B1500059 Page 8 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) Statutory Coverage B (Employers Liability) $ 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 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 contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public BID NO#B1500059 Page 9 liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and the State of Colorado as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. 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. 11. SPECIAL FLOOD PROVISION The successful bidder agrees that it is a "Sub-grantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the"Grantee,"which are set forth in Sections 12 A and C, 13 B and C,and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. BID NO#B1500059 Page 10 BID SCHEDULE: EM-BR9.5-24.5A- PHASE 2 ITEM ITEM DESCRIPTION UNIT BID UNIT PRICE UNIT PRICE TOTAL PRICE NO. QUANTITY (WRITTEN WORDS) (DOLLARS) (DOLLARS) 202 REMOVAL OF DEBRIS TN 50 $ $ 203 UNCLASSIFIED EXCAVATION (Complete-In-Plac CY 712 $ $ 203 BORROW MATERIAL (Complete -In-Place) CY 537 $ $ 203 MUCK EXCAVATION CY 150 $ $ 206 STRUCTURE BACKFILL (Flow-Fill) CY 8 $ $ 207 TOPSOIL (4" Thick) CY 913 $ $ 208 VEHICLE TRACKING PAD (North) EA 1 $ $ 208 SILT FENCE LF 1151 $ $ 208 EROSION CONTROL LOG (12-INCH) LF 815 $ $ 208 CONCRETE WASHOUT STRUCTURE EA 2 $ $ 208 STABILIZED STAGING AREA (North) SY 870 $ $ 208 STABILIZED STAGING AREA (South) SY 754 $ $ 208 STORM DRAIN INLET PROTECTION (All Types) LF 8 $ $ 212 SEEDING (Native) AC 1.75 $ $ 506 6" RIPRAP (Toe Drain)WITH BEDDING CY 175 $ $ 506 18" RIPRAP WITH BEDDING CY 508 $ $ 506 18" SOIL RIPRAP CY 1275 $ $ 507 42" GROUTED BOULDERS SY 1000 $ $ 507 GROUT FILL ALONG EXIST. GROUTED BOULDI CY 17 $ $ 603 18 INCH CMP LF 37 $ $ 605 REPLACE SUBSURFACE DRAIN PIPE (4"ADS I LF 410 $ $ 607 POST AND WIRE FENCE (MATCH EXISTING) LF 400 $ $ 608 CONCRETE BIKEWAY SY 255 $ $ 620 SANITARY FACILITIES EA 1 $ $ 625 CONSTRUCTION SURVEYING AND STAKING LS 1 $ $ 626 MOBILIZATION LS 1 $ $ 630 CONSTRUCTION TRAFFIC SIGN (Panel Size A) EA 4 $ $ 630 TRAFFIC CONES EA 15 $ $ 630 FLAGGING HR 64 $ $ 630 TRAFFIC CONTROL INSPECTION DAY 4 $ $ 630 TRAFFIC CONTROLMANAGEMENT DAY 4 $ $ 650 WATER CONTROL AND DEWATE RING DAY 45 $ $ 700 F/A MINOR CONTRACT ADJUSTMENTS F/A 1 Fifty Thousand Dollars $ 50,000.00 $ 50,000.00 EM-BR9.5-24.5A- Phase 2—Total Bid (Dollars) $ BID NO#B1500059 Page 11 NOTE: The following are items of work to be completed by Weld County: Materials Quality Acceptance Testing Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B1500059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -10. BID NO#B1500059 Page 12 BID BOND PROJECT: PERMANENT FLOOD REPAIR PROJECT IN THE ST. VRAIN BASIN AT EM-BR9.5-24.5A- PHASE 2 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 , 2015 for the PERMANENT FLOOD REPAIR PROJECT IN THE ST. VRAIN BASIN AT EM-BR9.5-24.5A- PHASE 2, 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 , 2015 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#B1500059 Page 13 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#B1500059 Page 14 Fwlll W-9 Request for Taxpayer Give Form to the `v '111i1u'12013; Identification Number and Certification requester.Do not M I xi,.Il.•m m 11x•Twangy send to the IRS. Il,mllw n,.,•.rlrx,sei.x,. Name tae Hui/y1 on Vitt Irptelle tax reurn) E4lsnlexa nameidisrmiare entity name.II Jlllercnl 11O111;dvxe ci a T N ' Cbeck-11#11111.111111-•tern lot fe.Isla'a«biesstlmeoun. 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Note.It the account is in more than one name,see the chart on page 4 for guidelines on whose I Employer identification number number to enter. halJl Certification Under penalties of perjury.I certify that. 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2. I am not subject to backup withholding because'(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends.or(o)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 coders)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions.item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured properly,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here u.s.person le Date. General Instructions c ithhddi,q tax on tom(in parimwa'allele of eft,:lively,sxl,e,:t+d Inmme-and Sechu,r bry are la,iheL ill:A f,,.)0011,10 L. 111 11 c,. 'Kitty!. .1-1.1,111101 FAl(A Ill(me,re I ll . f (Il 4 I•alinr111rct)11110: xe runt Lamihe I All A n.rxxtin,I.I'. .mind. Future developments. 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Inteign prison And ion,Ih,seclicar telite Ihmelore. tl you me.a 2.( ILq that you ale nut.stile eh tote, -ky'vitlriddNu,w IIS person that is A imalrier in a partnership imiductinii Imehsa business in the 3.(.lamse xempilul Mumb:•kup,/ilhlldoling it you me 115.•xempi pine/ It 1llt ISft - p 'II al x11]Jio it ptw.lvp to IbLIVxu 11.5.Halm,appll,l bl )xl nee Also tent IV rig Ihul x. 11 J.p t,oti,4 Allocable slime of all I IIUI section ld 1 IIIIU l ll,{UII4 1.hale UI p ItIWI Blip II•:wlle ant partnership income Lash(WS trade a busuraa Is Ilnl subixa lo the fat.No Itr291X t am W-9 iPv'c a 2019) BID NO#B1500059 Page 15 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number of years this Company has been engaged similar construction: Under what firm,company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. BID NO#B1500059 Page 16 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3)of the most recent project, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name,location,project superintendent,owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO#B1500059 Page 17 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED,THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15%OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. EXP 16. List all lawsuits previously filed against or currently pending against you,the Company or any officers of the Company. BID NO#B1500059 Page 18 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2015. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ss. State of being duly sworn, deposes and says that he is of (Title) , and that the answers to the foregoing questions and all (Company Name) statements therein contained are true and correct. Subscribed and sworn before me this day of , 2015. (SEAL) Commission Expires Notary Public BID NO#B1500059 Page 19 NOTICE OF AWARD PROJECT: EM-BR9.5-24.5A- PHASE 2 To: Project Description: EM-BR9.5-24.5A— PHASE 2 This project in general consists of reconstruction of the sloping grouted boulder drop structure and concrete trail just downstream of I-25 that were damaged during the 2013 flood along the St. Vrain Creek. Additional flood protection is also being installed as concrete curtain walls along the south abutment of the I-25 Frontage Road, riprap bank protections at the south abutment and along the Creek and riprap protection at the piers under the Frontage Road Bridge. The project EM-BR9.5-24.5A- Phase 2 (CR 19.5 near the St. Vrain River)will include: concrete and riprap bridge abutment protection at the south abutment of the bridge at CR-9.5; riprap pier protection for the piers of the bridge at CR-9.5; trail reconstruction on the south side of the river; grading and riprap embankment protection on the south side of the river; drop structure repair including the removal and replacement of grouted boulders downstream of CR-9.5. 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 , 2015 Weld County, Colorado, Owner By: Clay Kimmi, P.E., Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2015 By: Title: BID NO#B1500059 Page 20 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY& PROJECT: EM-BR9.5-24.5A- PHASE 2 THIS AGREEMENT is made and entered into this day of , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is hereinafter referred to as "Contractor". WHEREAS, the above mentioned County Roads and/or Bridges sustained flood damages in the September 2013 flood and are in need of repair, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the permanent repair of this road and/or bridge, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB)as set forth in"Bid Package No. B1500059.The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the"Manager");to perform the services described on attached Exhibit A. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill,training,diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 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 BID NO#B1500059 Page 21 prohibit County from entering into Agreements which bind County for periods longer than one year.Therefore, within the thirty(30)days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty(30) days written notice. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for,and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3)the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement.County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers,agents or employees will not become employees of County,nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and BID NO#B1500059 Page 22 employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports,test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement,whether or not such materials are in completed form,shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S.24-72-201,et seq.,with regard to public records,and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell,assign,distribute,or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement.Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance.This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor,and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.Acceptance by the County of, or payment for,the construction completed under this Agreement shall BID NO#B1500059 Page 23 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. 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. BID NO#B1500059 Page 24 Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations,explosions, collapse and underground hazard, personal advertising injury,fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury,and liability assumed under an insured contract. The policy shall be endorsed to include 1)the Additional Insured Endorsements CG 2010(or equivalent),2)CG 2037 Additional Insured for products/completed operations,and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired,and non-owned vehicles used in the performance of this Contract. Additional provisions: i. If any aggregate limit is reduced by twenty-five percent(25%)or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy,the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy,or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine,Contractor/Contract Professional's insurer shall name Weld County and the State of Colorado as an additional insureds. BID NO#B1500059 Page 25 Waiver of Subrogation: For all coverages,Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors:All subcontractors, subcontractors, independent Contractors, sub-vendors,suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors,sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors,sub-vendors suppliers or other entities upon request by the County. 14. Special Flood Provision. The successful bidder agrees that it is a"Sub-grantee"as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms, requirements, and conditions as they apply to the"Grantee,"which are set forth in Sections 12 A and C, 13 B and C,and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore,the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract. 15. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County.Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County,automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement,where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires, strikes,war,flood,earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative.The County Representative for purposes of this Agreement is hereby identified as, Clay Kimmi, Senior Engineer. All notices or other communications (including annual maintenance) made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a. personal service by a reputable courier service requiring signature for receipt; or b. five(5)days following delivery to the United States Postal Service,postage prepaid addressed to a party at the address set forth in this contract; or c. electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d. transmission via facsimile,at the number set forth below,where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: BID NO#B1500059 Page 26 Attn.: President, Address: Address: E-mail: Phone: Facsimile: With copy to: Name: Position: Address: Address: E-mail: Phone: Facsimile: County: Name: Clay Kimmi Position: Senior Engineer Address: PO Box 758 Address: 1111 H St, Greeley, CO 80632-0758 E-mail: ckimmi@co.weld.co.us Phone: 970-304-6496 x 3741 Facsimile: 970-304-6497 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. BID NO#B1500059 Page 27 25. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended. 26. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 27. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 28. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 29. Public Contracts for Services C.R.S.§8-17.5-101. Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement,through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three(3)days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three(3)days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S.§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall,within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach,and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R.S.§24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. §24-76.5-101,et seq., and(c)shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 30. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement,and Contractor agrees to meet or exceed all standards set by BID NO#B1500059 Page 28 these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 31. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that,if required by the provisions of Exhibit A,the work shall be in compliance with the Davis-Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees that, if required by the provisions of Appendix A, the work shall be in compliance with the applicable GENERAL CONDITIONS and is a part of this Agreement. 33. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment: County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,with the attached Exhibits A and B and Attachment A, General Conditions of the Contract, is the complete and exclusive 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 , 2015. CONTRACTOR: By: Date Name: Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM: Director of General Services County Attorney BID NO#B1500059 Page 29 ATTACHMENT A: GENERAL CONDITIONS OF THE CONTRACT 1.Contract and Contract Documents The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG Program and is subject to all applicable Federal and State laws and regulations. The Plans,Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications). 1. Contract and Contract Documents 45. Subcontracts 2. Definitions 46. Interest/Congressmen 3. Additional Instructions and Drawings 47. Other Prohibited Interests 4. Shop or Setting Drawings 48. Use Prior to Acceptance 5. Materials, Service, Facilities 49. Photographs 6. Contractor's Title to Materials 50. Suspension of Work 7. Inspection/Testing of Materials 51. Minimum Wages 8. "Or Equal"Clause 52. Underpayment of Wages 9. Patents 53. Fringe Benefits 10. Surveys, Permits and Regulations 54. Overtime Compensation 11. Contractor's Obligations 55. Apprentices 12. Weather Conditions 56. Section 3 13. Protection of Work and Property- 57. Employment Prohibited Property---Emergency 58. Anti-Kickback Act 14. Inspection 59. Classifications Not Listed 15. Reports, Records and Data 60. Benefits Not Expressed 16. Superintendence by Contractor 61. Posting of Wage Rates 17. Changes in Work 62. Complaints or Testimony 18. Extras 63. Claims and Disputes 19. Time for Completion and Liquidated 64. Questions Re: Regulations Damages 65. Payrolls and Records 20. Correction of Work 66. Specific Coverage 21. Subsurface Conditions-Different 67. Ineligible Subcontractors 22. Claims for Extra Cost 68. Provisions to be Included 23. Owner Termination of Contract 69. Breach of Labor Standards 24. Construction Schedule/Periodic 70. Employment Practices 25. Payments to Contractor 71. Contract Termination; Debarment 26. Final Payment as Release 72. Public Contract for Services — Employment 27. Payments by Contractor Eligibility Verification 28. Insurance 73. Subcontracting with Small and Minority Firms, 29. Contract Security Women's Business Enterprise, and Labor 30. Additional or Substitute Bond Surplus Area Firms 31. Assignments 74. HUD 4010 Form, Labor Standards Provisions 32. Mutual Responsibility of Contractors 33. Separate Contractors 34. Subcontracting 35. Architect/Engineer's Authority 36. Stated Allowances 37. Removal of Debris 38. Detail Estimates 39. Right of Way 40. General Guaranty 41. Conflicting Conditions 42. Notice and Service Thereof 43. Provisions Deemed Inserted 44. Life/Health Protection BID NO#B1500059 Page 30 2. Definitions The following terms as used in this Contract are respectively defined as follows: (a) CONTRACTOR:A person,firm or corporation with whom the contract is made by the Owner, i.e.,the Local Government. (b) SUBCONTRACTOR:A person,firm or corporation supplying labor and materials or only labor for work at the site of the project, for and under separate contract or agreement with the Contractor. (c) WORK ON (AT)THE PROJECT: Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof.The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly: (a)a schedule,fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings,the beginning of manufacture,testing and installation of materials,supplies and equipment,and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined aforesaid.After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials, Services, and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents,the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. (b)Any work necessary to be performed after regular hours,on Sundays or Legal Holidays,shall be performed without additional expenses to the Owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work,free from all liens, claims, or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. BID NO#B1500059 Page 31 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers'or vendors'names,trade names,catalogue numbers,etc.,it is intended merely to establish a standard; and, any material, article,or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process,article,or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable,and paid to the holder of the patent,or his authorized licensee,direct by the Owner and not by or through the Contractor. (c) If the Contractor uses any design,device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design,device or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify the Owner for any cost,expense or damage which it may be obligated to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits, and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws,ordinances, rules, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery,equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. The Contractor shall observe,comply with, and be subject to all terms, conditions, requirements,and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct,the Contractor will,and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work Property— Emergency BID NO#B1500059 Page 32 The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage.The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval.Where the Contractor has not taken action but has notified Architect/Engineer of an emergency threatening injury to persons or damage to the work of any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. 15. Reports, Records, and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedule, payrolls,reports, estimates, records, and other data as the Owner may request concerning work performed or to be performed under this contract. 16. Superintendence by Contractor At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 17. Changes in Work No changes in the work covered by the approved Contractor Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more of the following methods: (a) Unit bid prices previously approved (b) An agreed lump sum (c) The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. To the cost under(c)there shall be added a fixed fee to be agreed upon but not to exceed fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 18. Extras Without invalidating the contract,the Owner may order extra work or make changes by altering,adding to or deducting from the work,the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable.All the work of the kind bid upon shall be paid for at the price stipulated in the proposal,and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the Owner,that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract;and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the"Notice to Proceed." The Contractor agrees that said work shall BID NO#B1500059 Page 33 be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth,for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications wherein and definite and certain length of time is fixed for the performance of any act whatsoever,and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; PROVIDED, FURTHER, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Local Public Agency; (b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article: PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 20. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed,made good, replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/ Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed.The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost BID NO#B1500059 Page 34 No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give access to accounts relating thereto. 23. Right of the Owner to Terminate Contract In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract,such notices to contain the reason for such intention to terminate the Contract,and unless within (10)days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination,the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within ten (10)days from the date of the mailing to such Surety Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such material, appliances,and plant as may be on the site of the work and necessary therefore. 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the Contract, and before the first partial payment is made,the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule.The Contractor shall also furnish on forms to be supplied by the Owner: (a)a detailed estimate giving a complete breakdown of the contract price and (b)periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract the Owner may retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month; PROVIDED, FURTHER,that the Owner at any time after fifty percent(50%)of work has been completed,if he finds that satisfactory progress is being made, may make any of the remaining progress payments in full; PROVIDED, FURTHER,that on completion and acceptance of each separate building, public work,or other division of the Contract,on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (b) In preparing estimates the material delivered on the site preparatory to work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the contract. (d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof,equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,discharged,or waived. If the Contractor fails so to do,then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills,of which the Owner has written, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged hereupon BID NO#B1500059 Page 35 payment to the Contractor shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance and Payment Bond. 27. Payments by Contractors The Contractor shall pay(a)for all transportation and utility services not later than the 20th day of the calendar month following that in which such materials,tools, and equipment are delivered at the site of the project,and the balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on which such materials,tools, and equipment are incorporated or used, and (c)to each of his subcontractors, not later than the 5th day following each payment to the Contractor,the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein. 28. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) COMPENSATION INSURANCE:The Contractor shall procure and shall maintain during the life of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet,the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE:The Contractor shall procure and shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. (c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND VEHICLE LIABILITY INSURANCE:The Contractor shall either(1)require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof. (d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under subparagraphs (b)and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Contract,whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is completed and accepted by the Owner,the Owner,or Contractor(at the Owner's option as indicated in the Supplemental General Conditions, Form (HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage)on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner,the Contractor, subcontractors as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such BID NO#B1500059 Page 36 insurance; however,this provision shall not release the Contractor from his obligation to complete,according to plans and specifications, the project covered by the Contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement:"The insurance covered by this certificate will not be canceled or materially altered, except after five (5)days written notice has been received by the Owner." 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%)of the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law,as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract.The performance bond and the payment bond may be in one or in a separate instrument in accordance with local law. 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties,then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do, substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be subject to prior claims of all persons,firms,and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 32. Mutual Responsibility of Contractors If,through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty sub-contractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain BID NO#B1500059 Page 37 (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contract by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. (e) Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. 35. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications,relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof.The Architect/Engineer's estimates and decisions shall be final and conclusive,except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or specifications, the determination or decisions of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 36. Stated Allowances The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions.The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of competitive bids. If the actual price for purchasing the"Allowed Materials"is more or less than the"Cash Allowance,"the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 37. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to clean up frequently all refuse, rubbish, scrap materials,and debris caused by his operations,to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) before final payment to remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; (f) to affect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate BID NO#B1500059 Page 38 Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 39. Lands and Right-of-Way Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. 40. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The Owner will give notice of defects with reasonable promptness. 41. Conflicting Conditions Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 42. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 44. Protection of Lives and Health "The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property,either on or off the site,which occur as a result of his prosecution of the work.The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XI II,I, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction,as outlined in the Federal Register,Volume No.75,Saturday,April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary." 45. Subcontracts "The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or Colorado Department of Local Affairs may, by instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in turn be made." 46. Interest of Members of or Delegate to Congress BID NO#B1500059 Page 39 No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 47. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer,employee,architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. 48. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such list items or other contract requirements. (b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction, or, (c) When the notice consists of more than one building, and one of the buildings is occupied, secures permanent firm and extended coverage insurance, including a permit to complete construction. Consent of the Surety must also be obtained. (1)The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, creed, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, or national origin. 49. Photographs of the Project The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and as described in the Supplemental General Conditions. 50. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner,the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such delay with such time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wage Rate for Laborers and Mechanics All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable BID NO#B1500059 Page 40 regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified),the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics.All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section 5.5(a)(1)(iv)of Title 29, Code of Federal Regulations.Also for the purpose of this clause,regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 52. Underpayment of Wages or Salaries In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract,the Local Public Agency or in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor(as may be appropriate),to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs of Fringe Benefits If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat.357-360: Title 40 U.S.C., Sections 327-332) (a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one- half times his basic rate of pay for all hours worked in excess of 40 hours in such work week, as the case may be. (b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in paragraph (a),the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph(a),in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) WITHHOLDING FOR LIQUIDATED DAMAGES.The Local Public Agency shall withhold or cause to be withheld,from any monies payable on account of work performed by the Contractor or subcontractor,such sums as may administratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). (d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in paragraphs (a), (b),and (c)of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment or Apprentices/Trainees BID NO#B1500059 Page 41 (a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate,who is not a trainee as defined in subdivision(b)of this subparagraph or is not registered or otherwise employed as stated above,shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work.The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) TRAINEES. Except as provided in 29 CFR 5.15,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed.The contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 56. Section 3 (a) The work to be performed under this contract is subject to the requirements of Section 3of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3).The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. (c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each; and the name and location of the persons)taking applications for each of the positions;and the anticipated date the work shall begin. (d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. BID NO#B1500059 Page 42 (e) The contractor will certify that any vacant employment positions, including training positions,that are filled (1)after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. (f) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (g) With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.45Oe)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 57. Employment of Certain Persons Prohibited No person under the age of sixteen years and no person who,at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered in this Contract. 58. Regulations Pursuant to So-Called "Anti-Kickback Act" The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c),and any amendments or modifications thereof,shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereof. 59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency and a report of the action taken shall be submitted by the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be referred through the State Department of Local Affairs to the Secretary of Labor for final determination. 60. Fringe Benefits Not Expressed as Hourly Wage Rates The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit,the question, accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for determination. 61. Posting Wage Determination Decisions and Authorized Wage Deductions The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions,if any, in accordance with the provisions of this Contract,to be made from wages actually earned by persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous points at the site of the work. 62. Complaints, Proceedings, or Testimony by Employees No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. BID NO#B1500059 Page 43 63. Claims and Disputes Pertaining to Wage Rates Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 64. Questions Concerning Certain Federal Statutes and Regulations All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor,pursuant to said Acts,or(e)the labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 65. Payrolls and Basic Payroll Records of Contractor and Subcontractors The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, their correct classification, rate of pay(including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis-Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv)of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor or subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable, that the plan of program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs, the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any subcontractor during working hours on the job. 66. Specific Coverage of Certain Types of Work by Employees The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor,and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall,for the purposes of this Contract,and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 67. Ineligible Subcontractors The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General Services Administration. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into,together with a clause requiring such insertion in any further subcontracts that may in turn be made. BID NO#B1500059 Page 44 69. Breach of Foregoing Federal Labor Standards Provisions In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed,and(2)shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the contract, and for debarment as provided in 29 CFR 5.6. 72. Public Contract for Services— Employment Eligibility Verification In accordance with C.R.S. 8-17.5-101 and 102,the Contractor certifies through execution of this Contract that it will not knowingly employ or contract with an illegal alien who will perform work under this Contract. (a) The Contractor will participate in the E-Verify Program, the employment verification program established by the Colorado Department of Labor and Employment, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this contract. (b) The Contractor shall notify the owner and the Colorado Department of Labor and Employment of its participation in the employment verification program. (c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under THIS Contract or use either the E-Verify Program or Colorado Department of Labor and Employment verification program procedures to undertake pre-employment screening of job applicants while the contract is being performed. (d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts with an illegal alien, the Contractor is required to: (1) Notify the subcontractor and the Department of Local Affairs within three days of obtaining actual knowledge of the employment or contract with an illegal alien. (2) Terminate the subcontract if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien unless, during such three days, the subcontractor provides information that it did not knowingly employ or contract with an illegal alien. (3) Comply with any reasonable request by the Colorado Department of Labor and Employment in the course of an investigation pursuant to authority established pursuant to CRS§8-17.5- 102(5)(a). (e) The Department of Local Affairs or the Owner may terminate this Contract for any violation of this provision and the Contractor shall be liable for actual and consequential damages to the Department of Local Affairs and the Owner. 73. Subcontracting with Small and Minority Firms,Women's Business Enterprise,and Labor Surplus Area Firms The Contractor shall take the following steps to ensure that,whenever possible,subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms: BID NO#B1500059 Page 45 (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce,and State and local governmental small business agencies. BID NO#B1500059 Page 46 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction (2) The classification is utilized in the area by the work covered by this contract pertains is being construction industry; and assisted by the United States of America and the (3) The proposed wage rate, including any bona fide following Federal Labor Standards Provisions are fringe benefits, bears a reasonable relationship to included in this Contract pursuant to the provisions the wage rates contained in the wage determination. applicable to such Federal assistance. (Office of Labor Relations Previous editions are A. 1. (i) Minimum Wages. All laborers and obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. mechanics employed or working upon the site of the Handbook 1344.1 work, will be paid unconditionally and not less often than once a week, and without subsequent deduction b) If the contractor and the laborers and mechanics or rebate on any account(except such payroll to be employed in the classification (if known), or deductions as are permitted by regulations issued by their representatives, and HUD or its designee agree the Secretary of Labor under the Copeland Act (29 on the classification and wage rate (including the CFR Part 3), the full amount of wages and bona fide amount designated for fringe benefits where fringe benefits (or cash equivalents thereof) due at appropriate), a report of the action taken shall be time of payment computed at rates not less than sent by HUD or its designee to the Administrator of those contained in the wage determination of the the Wage and Hour Division, Employment Standards Secretary of Labor which is attached hereto and Administration, U.S. Department of Labor, made a part hereof, regardless of any contractual Washington, D.C. 20210. The Administrator, or an relationship which may be alleged to exist between authorized representative, will approve, modify, or the contractor and such laborers and mechanics. disapprove every additional classification action Contributions made or costs reasonably anticipated within 30 days of receipt and so advise HUD or its for bona fide fringe benefits under Section l(b)(2) of designee or will notify HUD or its designee within the the Davis-Bacon Act on behalf of laborers or 30-day period that additional time is necessary. mechanics are considered wages paid to such (Approved by the Office of Management and Budget laborers or mechanics, subject to the provisions of under OMB control number 1215-0140.) 29 CFR 5.5(a)(1)(iv); also, regular contributions (c) In the event the contractor, the laborers or made or costs incurred for more than a weekly mechanics to be employed in the classification or period (but not less often than quarterly) under plans, their representatives, and HUD or its designee do not funds, or programs, which cover the particular agree on the proposed classification and wage rate weekly period, are deemed to be constructively (including the amount designated for fringe benefits, made or incurred during such weekly period. where appropriate), HUD or its designee shall refer Such laborers and mechanics shall be paid the the questions, including the views of all interested appropriate wage rate and fringe benefits on the parties and the recommendation of HUD or its wage determination for the classification of work designee, to the Administrator for determination. The actually performed, without regard to skill, except as Administrator, or an authorized representative, will provided in 29 CFR 5.5(a)(4). Laborers or issue a determination within 30 days of receipt and mechanics performing work in more than one so advise HUD or its designee or will notify HUD or classification may be compensated at the rate its designee within the 30-day period that additional specified for each classification for the time actually time is necessary. (Approved by the Office of worked therein: Provided that the employer's payroll Management and Budget under OMB Control records accurately set forth the time spent in each Number 1215-0140.) classification in which work is performed. The wage (d) The wage rate (including fringe benefits where determination (including any additional classification appropriate)determined pursuant to subparagraphs and wage rates conformed under (1)(ii)(b) or(c)of this paragraph, shall be paid to all 29 CFR 5.5(a)(1)(ii)and the Davis-Bacon poster workers performing work in the classification under (W H-1321) shall be posted at all times by the this contract from the first day on which work is contractor and its subcontractors at the site of the performed in the classification. work in a prominent and accessible, place where it (iii) Whenever the minimum wage rate prescribed in can be easily seen by the workers. the contract for a class of laborers or mechanics (ii) (a) Any class of laborers or mechanics which is includes a fringe benefit which is not expressed as not listed in the wage determination and which is to an hourly rate, the contractor shall either pay the be employed under the contract shall be classified in benefit as stated in the wage determination or shall conformance with the wage determination. HUD pay another bona fide fringe benefit or an hourly shall approve an additional classification and wage cash equivalent thereof. rate and fringe benefits therefore only when the (iv) If the contractor does not make payments to a following criteria have been met: trustee or other third person, the contractor may (1) The work to be performed by the classification consider as part of the wages of any laborer or requested is not performed by a classification in the mechanic the amount of any costs reasonably wage determination; and anticipated in providing bona fide fringe benefits BID NO#B1500059 Page 47 under a plan or program, Provided, That the in providing such benefits. Contractors employing Secretary of Labor has found, upon the written apprentices or trainees under approved programs request of the contractor, that the applicable shall maintain written evidence of the registration of standards of the Davis-Bacon Act have been met. apprenticeship programs and certification of trainee The Secretary of Labor may require the contractor to programs, the registration of the apprentices and set aside in a separate account assets for the trainees, and the ratios and wage rates prescribed in meeting of obligations under the plan or program. the applicable programs. (Approved by the Office of (Approved by the Office of Management and Budget Management and Budget under OMB Control under OMB Control Number 1215-0140.) Numbers 1215-0140 and 1215-0017.) 2. Withholding. HUD or its designee shall upon its (ii) (a) The contractor shall submit weekly for each own action or upon written request of an authorized week in which any contract work is performed a copy representative of the Department of Labor withhold of all payrolls to HUD or its designee if the agency is or cause to be withheld from the contractor under a party to the contract, but if the agency is not such a this contract or any other Federal contract with the party, the contractor will submit the payrolls to the same prime contractor, or any other Federally- applicant sponsor, or owner, as the case may be, for assisted contract subject to Davis-Bacon prevailing transmission to HUD or its designee. The payrolls wage requirements, which is held by the same prime submitted shall set out accurately and completely all contractor so much of the accrued payments or of the information required to be maintained under advances as may be considered necessary to pay 29 CFR 5.5(a)(3)(i)except that full social security laborers and mechanics, including apprentices, numbers and home addresses shall not be included trainees and helpers, employed by the contractor or on weekly transmittals. Instead the payrolls shall only any subcontractor the full amount of wages required need to include an individually identifying number for by the contract In the event of failure to pay any each employee (e.g., the last four digits of the laborer or mechanic, including any apprentice, employee's social security number). The required trainee or helper, employed or working on the site of weekly payroll information may be submitted in any the work, all or part of the wages required by the form desired. Optional Form WH-347 is available for contract, HUD or its designee may, after written this purpose from the Wage and Hour Division Web notice to the contractor, sponsor, applicant, or site at owner, take such action as may be necessary to http://www.dol.gov/esa/whd/forms/wh347instr.htm or cause the suspension of any further payment, its successor site. The prime contractor is advance, or guarantee of funds until such violations responsible for the submission of copies of payrolls have ceased. HUD or its designee may, after written by all subcontractors. Contractors and notice to the contractor, disburse such amounts subcontractors shall maintain the full social security withheld for and on account of the contractor or number and current address of each covered subcontractor to the respective employees to whom worker, and shall provide them upon request to HUD they are due. The Comptroller General shall make or its designee if the agency is a party to the such disbursements in the case of direct Davis- contract, but if the agency is not such a party, the Bacon Act contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and sponsor, or owner, as the case may be, for basic records relating thereto shall be maintained by transmission to HUD or its designee, the contractor, the contractor during the course of the work or the Wage and Hour Division of the Department of preserved for a period of three years thereafter for all Labor for purposes of an investigation or audit of laborers and mechanics working at the site of the compliance with prevailing wage requirements. It is work. Such records shall contain the name, address, not a violation of this subparagraph for a prime and social security number of each such worker, his contractor to require a subcontractor to provide or her correct classification, hourly rates of wages addresses and social security numbers to the prime paid (including rates of contributions or costs contractor for its own records, without weekly anticipated for bona fide fringe benefits or cash submission to HUD or its designee. (Approved by the equivalents thereof of the types described in Section Office of Management and Budget under OMB I (b) (2) (B)of the Davis-bacon Act), daily and weekly Control Number 1215-0149.) number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by actual wages paid. Whenever the Secretary of Labor a "Statement of Compliance," signed by the has found under 29 CFR 5.5 (a)(1)(iv)that the wages contractor or subcontractor or his or her agent who of any laborer or mechanic include the amount of any pays or supervises the payment of the persons costs reasonably anticipated in providing benefits employed under the contract and shall certify the under a plan or program described in Section following: (1) That the payroll for the payroll period l(b)(2)(B)of the Davis-Bacon Act, the contractor shall contains the information required to be provided maintain records which show that the commitment to under 29 CFR 5.5 (a)(3)(ii), the appropriate provide such benefits is enforceable, that the plan or information is being maintained under 29 CFR program is financially responsible, and that the plan 5.5(a)(3)(i), and that such information is correct and or program has been communicated in writing to the complete; Previous editions are obsolete (2) That laborers or mechanics affected, and records which each laborer or mechanic (including each helper, show the costs anticipated or the actual cost incurred apprentice, and trainee) employed on the contract BID NO#B1500059 Page 48 during the payroll period has been paid the full applicable wage rate on the wage determination for weekly wages earned, without rebate, either directly the classification of work actually performed. In or indirectly, and that no deductions have been made addition, any apprentice performing work on the job either directly or indirectly from the full wages site in excess of the ratio permitted under the earned, other than permissible deductions as set registered program shall be paid not less than the forth in 29 CFR Part 3; (3) That each laborer or applicable wage rate on the wage determination for mechanic has been paid not less than the applicable the work actually performed. Where a contractor is wage rates and fringe benefits or cash equivalents performing construction on a project in a locality for the classification of work performed, as specified other than that in which its program is registered, the in the applicable wage determination incorporated ratios and wage rates (expressed in percentages of into the contract. the journeyman's hourly rate) specified in the (c) The weekly submission of a properly executed contractor's or subcontractor's registered program certification set forth on the reverse side of Optional shall be observed. Every apprentice must be paid at Form WH-347 shall satisfy the requirement for not less than the rate specified in the registered submission of the "Statement of Compliance" program for the apprentice's level of progress, required by subparagraph A.3.(ii)(b). expressed as a percentage of the journeymen hourly (d) The falsification of any of the above certifications rate specified in the applicable wage determination. may subject the contractor or subcontractor to civil or Apprentices shall be paid fringe benefits in criminal prosecution under Section 1001 of Title 18 accordance with the provisions of the apprenticeship and Section 231 of Title 31 of the United States program. If the apprenticeship program does not Code. specify fringe benefits, apprentices must be paid the (iii) The contractor or subcontractor shall make the full amount of fringe benefits listed on the wage records required under subparagraph A.3.(i) determination for the applicable classification. If the available for inspection, copying, or transcription by Administrator determines that a different practice authorized representatives of HUD or its designee or prevails for the applicable apprentice classification, the Department of Labor, and shall permit such fringes shall be paid in accordance with that representatives to interview employees during determination. In the event the Office of working hours on the job. If the contractor or Apprenticeship Training, Employer and Labor subcontractor fails to submit the required records or Services, or a State Apprenticeship Agency to make them available, HUD or its designee may, recognized by the Office, withdraws approval of an after written notice to the contractor, sponsor, apprenticeship program, the contractor will no longer applicant or owner, take such action as may be be permitted to utilize apprentices at less than the necessary to cause the suspension of any further applicable predetermined rate for the work payment, advance, or guarantee of funds. performed until an acceptable program is approved. Furthermore, failure to submit the required records (ii) Trainees. Except as provided in 29 CFR 5.16, upon request or to make such records available may trainees will not be permitted to work at less than the be grounds for debarment action pursuant to 29 CFR predetermined rate for the work performed unless 5.12. they are employed pursuant',to and individually 4. Apprentices and Trainees. registered in a program which has received prior (i)Apprentices. Apprentices will be permitted to approval, evidenced by formal certification by the work at less than the predetermined rate for the work U.S. Department of Labor, Employment and Training they performed when they are employed pursuant to Administration. The ratio of trainees to journeymen and individually registered in a bona fide on the job site shall not be greater than permitted apprenticeship program registered with the U.S. under the plan approved by the Employment and Department of Labor, Employment and Training Training Administration. Every trainee must be paid Administration, Office of Apprenticeship Training, at not less than the rate specified in the approved Employer and Labor Services, or with a State program for the trainee's level of progress, Apprenticeship Agency recognized by the Office, or if expressed as a percentage of the journeyman hourly a person is employed in his or her first 90 days of rate specified in the applicable wage determination. probationary employment as an apprentice in such Trainees shall be paid fringe benefits in accordance an apprenticeship program, who is not individually with the provisions of the trainee program. If the registered in the program, but who has been certified trainee program does not mention fringe benefits, by the Office of Apprenticeship Training, Employer trainees shall be paid the full amount of fringe and Labor Services or a State Apprenticeship benefits listed on the wage determination unless the Agency (where appropriate)to be eligible for Administrator of the Wage and Hour Division probationary employment as an apprentice. The determines that there is an apprenticeship program allowable ratio of apprentices to journeymen on the associated with the corresponding journeyman wage job site in any craft classification shall not be greater rate on the wage determination which provides for than the ratio permitted to the contractor as to the less than full fringe benefits for apprentices. Any entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is worker listed on a payroll at an apprentice wage rate, not registered and participating in a training plan who is not registered or otherwise employed as approved by Previous editions are obsolete the stated above, shall be paid not less than the Employment and Training Administration shall be BID NO#B1500059 Page 49 paid not less than the applicable wage rate on the award of a Government contract by virtue of Section wage determination for the work actually performed. 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or In addition, any trainee performing work on the job to be awarded HUD contracts or participate in HUD site in excess of the ratio permitted under the programs pursuant to 24 CFR Part 24. (iii) The registered program shall be paid not less than the penalty for making false statements is prescribed in applicable wage rate on the wage determination for the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, the work actually performed. In the event the U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., Employment and Training Administration withdraws "Federal Housing Administration transactions", approval of a training program, the contractor will no provides in part: "Whoever, for the purpose of . . . longer be permitted to utilize trainees at less than the influencing in any way the action of such applicable predetermined rate for the work Administration makes, utters or publishes any performed until an acceptable program is approved. statement knowing the same to be false shall be (iii) Equal employment opportunity. The utilization fined not more than $5,000 or imprisoned not more of apprentices, trainees and journeymen under 29 than two years, or both." CFR Part 5 shall be in conformity with the equal 11. Complaints, Proceedings, or Testimony by employment opportunity requirements of Executive Employees. No laborer or mechanic to whom the Order 11246, as amended, and 29 CFR Part 30. wage, salary, or other labor standards provisions of 5. Compliance with Copeland Act requirements. this Contract are applicable shall be discharged or in The contractor shall comply with the requirements of any other manner discriminated against by the 29 CFR Part 3 which are incorporated by reference Contractor or any subcontractor because such in this contract. employee has filed any complaint or instituted or 6. Subcontracts. The contractor or subcontractor caused to be instituted any proceeding or has will insert in any subcontracts the clauses contained testified or is about to testify in any proceeding under in subparagraphs 1 through 11 in this paragraph A or relating to the labor standards applicable under and such other clauses as HUD or its designee may this Contract to his employer. by appropriate instructions require, and a copy of the B. Contract Work Hours and Safety Standards applicable prevailing wage decision, and also a Act. The provisions of this paragraph B are clause requiring the subcontractors to include these applicable where the amount of the prime contract clauses in any lower tier subcontracts. The prime exceeds $100,000. As used in this paragraph, the contractor shall be responsible for the compliance by terms "laborers" and "mechanics" include watchmen any subcontractor or lower tier subcontractor with all and guards. the contract clauses in this paragraph. (1) Overtime requirements. No contractor or 7. Contract termination; debarment. A breach of subcontractor contracting for any part of the contract the contract clauses in 29 CFR 5.5 may be grounds work which may require or involve the employment of for termination of the contract and for debarment as laborers or mechanics shall require or permit any a contractor and a subcontractor as provided in 29 such laborer or mechanic in any workweek in which CFR 5.12. the individual is employed on such work to work in 8. Compliance with Davis-Bacon and Related Act excess of 40 hours in such workweek unless such Requirements. laborer or mechanic receives compensation at a rate All rulings and interpretations of the Davis-Bacon and not less than one and one-half times the basic rate of Related Acts contained in 29 CFR Parts 1, 3, and 5 pay for all hours worked in excess of 40 hours in are herein incorporated by reference in this contract such workweek. 9. Disputes concerning labor standards. Disputes (2) Violation; liability for unpaid wages; arising out of the labor standards provisions of this liquidated damages. In the event of any violation of contract shall not be subject to the general disputes the clause set forth in subparagraph (1)of this clause of this contract. Such disputes shall be paragraph, the contractor and any subcontractor resolved in accordance with the procedures of the responsible therefore shall be liable for the unpaid Department of Labor set forth in 29 CFR Parts 5, 6, wages. In addition, such contractor and and 7. Disputes within the meaning of this clause subcontractor shall be liable to the United States (in include disputes between the contractor (or any of its the case of work done under contract for the District subcontractors) and HUD or its designee, the U.S. of Columbia or a territory, to such District or to such Department of Labor, or the employees or their territory), for liquidated damages. Such liquidated representatives. damages shall be computed with respect to each 10. (i) Certification of Eligibility. By entering into individual laborer or mechanic, including watchmen this contract the contractor certifies that neither it and guards, employed in violation of the clause set (nor he or she) nor any person or firm who has an forth in subparagraph (1) of this paragraph, in the interest in the contractor's firm is a person or firm sum of$10 for each calendar day on which such ineligible to be awarded Government contracts by individual was required or permitted to work in virtue of Section 3(a)of the Davis-Bacon Act or 29 excess of the standard workweek of 40 hours without CFR 5.12(a)(1) or to be awarded HUD contracts or payment of the overtime wages required by the participate in HUD programs pursuant to 24 CFR clause set forth in sub paragraph (1) of this Part 24. (ii) No part of this contract shall be paragraph. subcontracted to any person or firm ineligible for BID NO#B1500059 Page 50 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3)The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. O Office of Labor Relations Previous Editions are obsolete Page 1 of 5 Form:HUD-410(06-2009) Ref.Handbook 1344 BID NO#B1500059 Page 51 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: EM-BR9.5-24.5A-PHASE 2 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), 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 , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM-BR9.5-24.5A- Phase 2 described in the Invitation for Bids, Bid No. B1500059. 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#B1500059 Page 52 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: EM-BR9.5-24.5A- PHASE 2 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 , 2015. 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#B1500059 Page 53 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: EM-BR9.5-24.5A-PHASE 2 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 , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: EM-BR9.5-24.5A- Phase 2 described in the Invitation for Bids, Bid No. B1500059. 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#B1500059 Page 54 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: EM-BR9.5-24.5A-PHASE 2 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 , 2015. 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#B1500059 Page 55 NOTICE TO PROCEED PROJECT: EM-BR9.5-24.5A- PHASE 2 To: Date: Name of Project: PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No. B1500059. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Clay Kimmi, P.E., Project Manger Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015. By Title BID NO#B1500059 Page 56 CHANGE ORDER NO. (EXAMPLE) PROJECT: EM-BR9.5-24.5A- PHASE 2 Date: PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No. B1500059. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Clay Kimmi, P.E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO#B1500059 Page 57 MINOR CONTRACT REVISION NO. (EXAMPLE) PROJECT: EM-BR9.5-24.5A- PHASE 2 Date: PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No. B1500059. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: RECOMMENDED: Owner Representative: Date: Clay Kimmi, P.E. (Project Manager) Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO#B1500059 Page 58 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: EM-BR9.5-24.5A- PHASE 2 Owner's Project No: EM-BR9.5-24.5A Engineer's Project No: EM-BR9.5-24.5A PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No.B1500059. Contractor: Contract For: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No.B1500059. Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified pads thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer,and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer: Date: Contractor: Date: BID NO#B1500059 Page 59 LIEN WAIVER(GENERAL CONTRACTOR) PROJECT: EM-BR9.5-24.5A- PHASE 2 TO: Weld County Public Works Attn: Clay Kimmi, P.E., Project Manager P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County,the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Invitation for Bids, Bid No. B1500059. 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 , 2015, by My commission expires: Notary Public BID NO#B1500059 Page 60 FINAL LIEN WAIVER(SUBCONTRACTORS) PROJECT: EM-BR9.5-24.5A- PHASE 2 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 , 2015, for and in consideration of the sum of(E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO#B1500059 Page 61 NOTICE OF ACCEPTANCE PROJECT: EM-BR9.5-24.5A- PHASE 2 TO: Date: RE: PROJECT: EM-BR9.5-24.5A- PHASE 2 described in the Bid No. B1500059. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Clay Kimmi, P.E., Project Manager Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of , 2015. By (Contractor) Title BID NO#B1500059 Page 62 CERTIFICATIONS CIVIL RIGHTS PROJECT: EM-BR9.5-24.5A- PHASE 2 The undersigned is fully aware that this contract is wholly or partially federally funded,and further,agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation, denied program benefits, or subjected to discrimination. And,Civil Rights Act of 1968,Title VIII, as amended,will not discriminate in housing on the basis of Race,Color, Religion, Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment,denied program benefits,subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I (CDBG)of the Act. And, Age Discrimination Act of 1975,as amended,that no person shall be excluded from participation,denied program benefits,or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimination against"qualified individuals with disabilities." And, Executive Order 11063,that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of$10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract, the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, familial status, religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE,state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national origin, familial status, religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. BID NO#B1500059 Page 63 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE'S Department of Housing and/or Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR'S non-compliance with any provision of this contract or with any of such rules, regulations or orders,this Agreement may be canceled,terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a)through(f)in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor.The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE'S Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract$25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase BID NO#B1500059 Page 64 order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies, to the best of his or her knowledge and belief that: 1. The individual,sole proprietor, partnership, corporation,and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs (DOLA), U. S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the"official State of Colorado Department of Local Affairs(DOLA)"Closeout"date of the grant or the resolution of all audit findings, whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded,and further, by submission of the bid or proposal that the individual or firm certifies that: 1. There is no substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission, or committee with Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission,or committee(including members of their immediate family)with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers(including subcontracts, sub-grants, and contracts under grants, loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. BID NO#B1500059 Page 65 CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications(Civil Rights, Equal Employment Opportunity,Affirmative Action for Handicapped Workers-Section 503,Access to Records and Records Retention, Conflict of Interest, Lobbying)are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. (typed name of official) (signature of official) BID NO#B1500059 Page 66 CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS PROJECT: EM-BR9.5-24.5A- PHASE 2 Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY- EXECUTIVE ORDER 11246 SECTION 3 & SEGREGATED FACILITIES CERTIFICATION NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO#B1500059 Page 67 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY PROJECT: EM-BR9.5-24.5A- PHASE 2 INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER (Include ZIP Code) 1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. Yes No 3. Bidder has filled all compliance reports due under applicable instructions. Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE BID NO#B1500059 Page 68 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES PROJECT: EM-BR9.5-24.5A— PHASE 2 Name of Contractor or Sub-Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name and Title of Signer (Type of Print) Signature Date BID NO#B1500059 Page 69 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER PROJECT: EM-BR9.5-24.5A- PHASE 2 State of County of ) ss. being first duly sworn, deposes and says that: (1) He is of , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners,owners,agents, representatives,employees or parties in interest, including this affined, has in any way colluded,conspired, connived or agreed,directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the(Local Public Agency)or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. (Signed) Title Subscribed and sworn to me this day of , 20 By: Notary Public My Commission expires: BID NO#B1500059 Page 70 Section 3 Certifications PROJECT: EM-BR9.5-24.5A— PHASE 2 This section should be included in all Section 3 covered contracts. The CDBG Program will notify those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOLA will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator. BID NO#B1500059 Page 71 SECTION 3 BUSINESS SELF-CERTIFICATION This form is to be completed by the contractor if applicable, and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. Project Name: PROJECT: EM-BR9.5-24.5A— PHASE 2 Number: To be assigned by DOLA at a later date Contractor Name: It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes No To qualify as a Section 3 business, you must meet one or more of the following three criteria (please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned (51% or more) by Section 3 residents (defined below*) Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. * Section 3 residents are persons who either live in public housing or are at or below the following income qualifications(available from your Project Monitor or at HUD.GOV): http://www.hud user.org/portal/datasets/it/il2013/selectGeography.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 business. Signature Title Name (printed) Date (typed name of entity) (date) BID NO#B1500059 Page 72 SECTION 3 RESIDENT CERTIFICATION Project Name: PROJECT: EM-BR9.5-24.5A— PHASE 2 Contract Number: To be assigned by DOLA at a later date. I qualify as a Section 3 resident because: ❑ I reside within the and County and my income is under 80% of area median income according to the income scale provided. ❑ I am NOT a Section 3 Resident. Company Name (print) Employee Name (print) Signature Date Weld County 80% of Median Income by Family Size (Income Limits available at HUD.GOV: http://www.hud user.org/portal/datasets/it/i12013/selectGeography.odn) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate County Income BID NO#B1500059 Page 73 SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 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. PROJECT SPECIAL PROVISIONS INDEX I oe Notice to Bidders 74 Commencement and Completion of Work 75 Revision of Section 101 —Definition of Terms 76 Revision of Section 104-Scope of Work 77 Revision of Section 105—Claims for Contract Adjustment 78 Revision of Section 107— Legal Relations and Public Responsibility 79 Revision of Section 109—Measurement and Payment 80 Revision of Section 202—Removal of Structures and Obstructions 81 Revision of Section 203—Excavation and Embankment 82 Revision of Section 206—Excavation and Backfill for Structures 85 Revision of Section 206— Excavation and Backfill for Structures (Flow-Fill) 86 Revision of Section 207—Topsoil 87 Revision of Section 208—Erosion Control 89 Revision of Section 209—Watering and Dust Palliatives 90 Revision of Section 210—Reset Structures 91 Revision of Section 212— Seeding, Fertilizer, Soil Conditioner, and Sodding 92 Revision of Section 213—Mulching 94 Revision of Section 506—Riprap 95 Revision of Section 605-Subsurface Drains 99 Revision of Section 607—Fences 100 Revision of Section 608- Sidewalks and Bikeways 101 Revision of Section 626—Mobilization 102 Revision of Section 630—Construction Zone Traffic Control 103 Section 650—Water Control and Dewatering 104 Force Account Items 107 Utilities Coordination 108 BID NO#B1500059 Page 74 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. Clay Kimmi, P.E. Project Manager Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3741 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. In order to assure that the drop structure repairs are completed prior to spring runoff, the successful bidder shall start on the drop structure repairs prior to starting any other repair work. BID NO#B1500059 Page 75 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 90 calendar days unless the period for completion is extended otherwise by the County. Salient features to be shown on the Contractor's Progress Schedule are: 1.) Mobilization 2.) Erosion and Sediment Control 3.) Clearing and Grubbing 4.) Water Control 5.) Bridge Abutment Protection 6.) Bridge Pier Protection 7.) River Embankment Grading 8.) River Embankment Protection Installation 9.) Trail Installation 10.) Drop Structure Repair 11.) Seeding and Erosion Control Blanket 12.) Substantial completion date. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. BID NO#B1500059 Page 76 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the"Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction"dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.28: "Department" shall mean the Weld County Public Works Department. Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101.76: "State" shall mean Weld County. END OF SECTION BID NO#B1500059 Page 77 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02(c)(2)— Delete the section and replace with the following: When a major item of work is increased in excess of 150 percent or decreased below 50 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of the original contract item quantity, or in case of a decrease below 50 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Subsection 104.03 shall be revised to include the following: Any groundwater pumping activities or rerouting of the Saint Vrain River to facilitate construction shall be approved by the Construction Engineer or Inspector prior to construction. Construction of a temporary access road into the work areas, and removal of the access road after construction is completed, shall be included in the Mobilization bid item. Subsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled out of the river and disposed of at a disposal site approved of by the Weld County Inspector. Backfill areas in the river shall be graded such that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the river and creek on a daily basis. Any construction debris and trash which may be washed away downstream shall be located, removed, and disposed of away from the site at a certified landfill location. Tickets shall be provided to the Engineer. Any petroleum products accidentally spilled or leaked within the river shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the river channel. Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. Subsection 104.07.(d).2 shall be removed and replaced as follows: 2. For all CECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work)—(gross cost of added work) = (gross savings) (gross savings)— (Contractor's engineering costs)— (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of$50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID NO#B1500059 Page 78 1 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation(CDOT)will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. END OF SECTION BID NO#B1500059 Page 79 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood,earthquake,tornado,or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.17 shall be revised to include the following: The Contractor shall assess and understand the risk of working within a waterway. Such risks include but are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the waterway such as cofferdams and diversion of channel flows. Such work shall be paid under"Water Control and Dewatering". Subsection 107.18 shall be revised to include the following: For this project the insurance certificates shall name Weld County(Weld)and the State of Colorado as additionally insured parties. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work,store materials or stockpiles,or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of- way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from Amy Joseph, 970-304-6496 x 3764. Subsection 107.25—The Contractors attention is directed to this subsection. The requirements as called out in this subsection will be strictly enforced. END OF SECTION BID NO#B1500059 Page 80 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.01 shall be modified to include the following: The following work will not be measured and paid for separately but shall be included in applicable unit prices for with the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to the project: 1. Saw cutting of asphalt or concrete 2. Proof rolling 3. Earthwork requiring more than one handling 4. Temporary fencing 5. New materials (if required) for resetting fences 6. Fine grading 7. Mulch 8. Mulch tackifier 9. Soil conditioner 10. Fertilizer 11. Bed course material 12. Staging areas 13. Additional temporary construction easements if desired by the Contractor 14. Coordination with utility companies 15. Structural excavation 16. Bedding for riprap and boulders 17. Grout for boulders 18. All water Subsection 109.06—partial payments,paragraph(a),(Standard Amount Retained). Delete the second sentence beginning with "The amount retained.....", and replace with the following: The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the original contract amount. Subsection 109.07—Payment for Materials on Hand(Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID NO#B1500059 Page 81 1 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: In subsection 201.01, add the following: This work also includes removing existing fallen tree branches, and other miscellaneous debris and trash,as shown on the plans or at locations directed by the Project Engineer. Subsection 202.02 shall be revised to include the following: a. Removal of Debris—This work includes the removal and disposal of fallen tree branches and other vegetation piled onsite due to the 2013 flood. This work may also include the removal and disposal of broken concrete, broken asphalt, and other miscellaneous debris. The County will direct the Contractor as to what debris to remove from the site. b. Removal of fence— Removal of fences shall include the removal of all posts, post foundations and other miscellaneous fixtures. In Subsection 202.02 delete the sixth paragraph and include the following: The sawing of concrete pavements shall be done carefully and completely through the full depth. All pavements to remain in place which are damaged, due to Contractor's operations, shall be removed and replaced at the Contractor's expense. Subsection 202.03 is deleted and replaced with the following: 202.03 Salvable Material. All removed materials shall become the property of the Contractor unless otherwise noted on the plans. Subsection 202.11 shall be revised to include the following: Removal of debris will be as directed by the County will be measured and paid for by the actual number of tons of material delivered to an approved registered landfill. The Contractor shall supply the Engineer with weight tickets from the landfill at the end of each day that debris is hauled from the site. Sawing of concrete required for removal of concrete materials will not be measured and paid for but shall be considered incidental to the project. Subsection 202.12 shall be revised to include the following: Removal of debris will be as directed by the County will be measured and paid for by the ton. Debris shall be disposed of at a certified landfill and evidence of such disposal and weigh tickets shall be provided to the County. Payment will be made under: Pay Item Pay Unit Removal of Debris Ton END OF SECTION BID NO#B1500059 Page 82 1 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.02 (c) shall be revised to include the following: Material that is free of organics but has excessive moisture shall not be classified as unsuitable for embankment material due to the presence of excessive water. It shall be the Contractor's responsibility to satisfy the moisture condition specified in the Contract Documents for embankment material. Removal of unsuitable material shall be approved of by the County prior to removal. The removal of unsuitable subgrade shall only be completed as directed by the County and shall be considered muck excavation. The replacement material for areas of muck excavation shall meet the requirements of Aggregate Base Course (Class 6)or approved on-site material. Subsection 203.03 (a) shall include the following: It will be necessary to import material to the site as common fill. The imported soils shall be free of organic material,and other deleterious materials. Imported material shall have less than 50 percent passing the No.200 Sieve and shall have a plasticity index of less than 15. Imported soil for embankment shall have a resistance modulus value equal to or greater than the existing onsite soils. Subsection 203.05(b) the first paragraph is deleted and replaced with the following: Unsuitable excavated material as designated by the County shall become the Contractor's property and shall be disposed of offsite at a disposal site approved of by the County and at the Contractor's expense. Subsection 203.05(c) shall be revised to include the following: Muck Excavation shall only be used at the direction of the County. Muck excavation will not be allowed in lieu of proper water control and dewatering. The County will determine if muck excavation is required when the following work has been completed: In Areas of Excavation: After the excavated area has been properly dewatered and excavation has been completed to the subgrade. In Areas of Embankment: After the area has been properly dewatered; cleared and grubbed; tree removal operations are completed; and scarification and compaction of the subgrade has been completed leaving an unstable subgrade. Suitable material generated on-site may be used to replace excavated muck. Prior to using on-site soil for the replacement of muck, the material must be tested and shall meet the requirements of section 203.03. In addition, on-site soils used to replace muck shall be free of organic material, and other deleterious materials. The material should have less than 50 percent passing the No. 200 Sieve and should have a plasticity index of less than 15. In Subsection 203.05(g) Potholing, add the following to the second paragraph: Contractor shall locate all utilities within the project site and pothole them as necessary to complete the project work without disrupting or impacting the existing utilities. Records of the potholed and surveyed utilities shall be submitted to the Engineer. BID NO#B1500059 Page 83 2 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Subsection 203.06 shall include the following: Excavated or removed broken concrete shall not be used in embankments. Subsection 203.09 shall include the following: Proof rolling will be required as directed by the Engineer. Proof Rolling shall be considered incidental to the project work and will not be measured and paid for separately. Subsection 203.13 shall be revised as follows: Replace the first paragraph of this subsection and replace it with the following: Delete subparagraphs (a) and (b) and replace with the following: In subsection 203.13, paragraphs a and b are replaced with the following: Quantities for Unclassified Excavation (Complete-in-Place) and Borrow(Complete-in-Place)will not be measured but will be based on the cubic yards shown on the plan quantity, unless changes to the Plans are directed and approved by the County. The excavation and embankment quantities included in the bid schedule have been estimated based on the existing grades and proposed grades. Adjustments have not been made to account for shrinkage or swell and items including but not limited to: clearing and grubbing; removal of existing concrete; removal of structures and obstructions; topsoil removal and replacement; riprap; concrete; and other miscellaneous items. Excess material, including unsuitable material, generated by the project that cannot be used on the project, shall become the property of the Contractor and shall be hauled off-site and disposed of by the Contractor at a location approved by the County. Subparagraph (e) is revised to include the following: Potholing shall be considered incidental to the bid items for which potholing is required and will not be measured and paid for separately. Subparagraph (f) is revised to include the following: Proof Rolling shall be considered incidental to the bid items for which proof rolling is required and will not be measured and paid for separately. Add the following subparagraphs to subsection 203.13: Structural excavation and backfill will not be measured. Subsection 203.14 delete the third paragraph after the list of pay items and replace it with the following: Earthwork requiring more than one handling or cross hauling will not be measured and paid for separately but shall be considered incidental to excavation or embankment quantities listed in the bid schedule. BID NO#B1500059 Page 84 3 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Subsection 203.14 shall include the following: Payment will be made under: Pay Item Pay Unit Unclassified Excavation (Complete in Place) Cubic Yard Borrow (Complete in Place) Cubic Yard Muck Excavation Cubic Yard Payment for Unclassified Excavation (complete in place) and Borrow(complete in place), shall be considered full compensation for all work necessary to complete the earthwork to the lines and grades shown on the Plans. This work shall include but is not limited to scarification, wetting and drying of soils to obtain optimum moisture content, compaction, testing, and hauling and disposal of excess or unsuitable materials off the jobsite. Directed changes will be estimated by the County and agreed to by the Contractor to be paid (or deducted)at the Bid unit price. Payment for Muck Excavation shall include excavation of muck, hauling and disposal of muck, importing, placing, moisture conditioning and compaction of approved suitable material; and all other labor, materials, equipment, and work required to remove unsuitable subgrade and replace it with approved material. When approved onsite soil is used to replace excavated Muck, Payment will be made under the bid item for Unclassified Excavation (complete in place). Testing and soil analysis shall not be paid for separately, but shall be included in the cost of the work END OF SECTION BID NO#B1500059 Page 85 1 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for this project to include the following: Subsection 206.01 shall include the following: The Contractor shall anticipate the needs to accommodate water flowing into and out of the project site during construction and shall provide a dry, stable condition. Any equipment or excavation required for water control and dewatering shall be located within the project limits as defined by the project boundary defined on the plans. Sections 206.06 and 206.07 are hereby deleted and replaced with the following: There will be no measurement and payment for excavation or backfill for structures, riprap, boulders, storm sewers, manholes, inlets and culverts, and all cast-in-place concrete structures. There will be no separate measurement and payment for structural excavation and backfill. Structural excavation and backfill shall be considered incidental to the structure for which it is required. END OF SECTION BID NO#B1500059 Page 86 2 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) Section 206 of the Standard Specifications is hereby revised for this project to include the following: Subsection 206.06, add the following: The method of measurement for Lean Concrete Flow-Fill to be placed at the direction of the Project Engineer and shall be the actual amount of cubic yards of material placed and accepted based on the batch tickets and provided to the Project Engineer. Contractor shall follow the mix design as shown in the plans END OF SECTION BID NO#B1500059 Page 87 1 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby revised for this project as follows: Subsection 207.01 shall include the following: This work includes imported topsoil that is to be placed in the disturbed area within the project limits that are to receive native seed. Subsection 207.02 shall include the following: The source of topsoil for this project is undesignated. The imported topsoil shall be approved by the County before use. The Contractor shall submit a 1 pound sample of the product four(4)weeks before its use on the project site for the County's approval. A Certificate of Compliance shall be provided to the County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be method of Soil Analysis used at the Colorado State University Soil Testing Laboratory. The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well composted organic matter. If required, any organic amendments shall include the following: An organic product containing a mixture of well-rotted/composted cow or sheep manure and or composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not acceptable). Organic product that has been aerobically and naturally processed in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period of time that is long enough to accomplish the following specifications: 1) The windrows of composted organic amendment(cow or sheep manure) have to be composted for 70 to 90 days. Certification must be provided to prove the product has gone through this process. 2) Eradicate harmful pathogens including coliform bacteria. 3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or harmful to growth. 4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1. 5) Contain no solid particle greater than 13 mm 1/2" in diameter. 6) Have a non-offensive smell similar to fresh turned soil. 7) Contain no significant level of dirt or soil and contain a maximum of 30% composted wood residue (pine or aspen wood) (saw dust is unacceptable). 8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not less than 30%. 9) Soluble salts shall not be greater than 3mmhos/cm. BID NO#B1500059 Page 88 2 REVISION OF SECTION 207 TOPSOIL Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the extracting solution used by CSU Soil Testing Laboratory). Nitrogen 5 ppm Air dried Basis Phosphorus 5 ppm Potassium 30 ppm Iron (Fe) 5 ppm Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in saturation extract shall be less than 3 mmhos/cm. Subsection 207.04 replace the last paragraph with the following: Imported topsoil that meets the requirements of Section 207 will be measured by the cubic yard. The volume of topsoil will be determined by measuring the area in which the topsoil is placed and multiplying the area by 0.33 feet. Subsection 207.04 shall include the following: The addition of manure or soil amendments needed to bring the topsoil into conformance with the specifications will not be measured and paid for separately, but shall be included in the work. Stockpile topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately, but shall be included in the cost of the work. Subsection 207.05 shall include the following: Payment for topsoil shall include imported topsoil placed in stockpiles or windrows, and subsequently placed upon completed cut and fills slopes. All materials and work required to amend imported topsoil so that it meets the requirements of Section 207 shall be included in the unit price bid for topsoil. All work required for topsoil shall be included in the unit price bid. Payment will be made under: Pay Item Pay Unit Topsoil (4" thick) Cubic Yard END OF SECTION BID NO#B1500059 Page 89 1 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: Subsection 208.01 —Add the following language to this paragraph: The project will disturb more than one acre of ground and therefore the Contractor shall obtain a Colorado Stormwater Discharge Permit: Since pumping water is required during the construction, the Contractor will be required to obtain a Construction Dewatering Permit from the State. All costs associated with obtaining this permits shall be considered to be incidental to the Mobilization bid item. Construction Staging Areas(Stabilized Staging Area): The Contractor shall take responsibility to establish staging area(s)for the project as shown on the Plans. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction. All staging areas shall be secured with temporary fencing and restored to original conditions after construction. The Contractor shall provide erosion and sediment control for all staging areas as shown on the Plans or shall modify the Erosion and Sediment Control Plans to include any additional staging areas. Subsection 208.12—Add the following language to this paragraph: 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 Vehicle Tracking Control Pad (North) Each Erosion Control Log (12-inch) Linear Feet Silt Fence Linear Foot Storm Drain Inlet Protection (All Types) Linear Foot Concrete Washout Structure Each Stabilized Staging Area (North) SY Stabilized Staging Area (South) SY END OF SECTION BID NO#B1500059 Page 90 1 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.02 shall include the following: The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract Documents, including any necessary permits or fees. Subsections 209.07 and 209.08 are deleted and replaced with the following: Water required for all work covered under the Contract will not be measured and paid for separately but shall be included in the lump sum price bid for Mobilization. END OF SECTION BID NO#B1500059 Page 91 1 REVISION OF SECTION 210 RESET STRUCTURES Subsection 210.12 shall include the following: Temporary fence will not be measured and paid for separately, but will be considered incidental to related pay items. This work shall include but not be limited to providing, installing, maintaining, removal, haul, disposal, and any other work, labor or materials required to provide temporary fencing. END OF SECTION BID NO#B1500059 Page 92 1 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: Section 212.06 shall be modified to include the following: Soil Preparation and Seeding: Soil in all areas to receive native seed shall be fertilized and conditioned. For soil preparation of native grass areas,the fertilizer shall be a complete starter fertilizer having the chemical analysis of eighteen percent (18%) Nitrogen, forty-six percent (46%) Phosphoric Acid and zero percent (0%) Potash. Soil Conditioner shall be Biotic Earth - HGM Black or approved equal. Fertilizer and soil conditioner shall be scarified and turned under the area designated to be seeded to a depth of four inches (4")to free seeds and other plants. Apply the specific fertilizer in the native grass area at the rate of five(5)pounds per one thousand (1,000)square feet and work it into the soil to a depth of four inches(4")with a disc,spring tooth harrow or other suitable equipment. Apply the specific conditioner in the native grass area at the rate of 4,500 pounds per acre and work it into the soil to a depth of four inches (4")with a disc, spring tooth harrow or other suitable equipment. All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to adequately drain all surface water runoff. Grade seeding areas to a smooth,even surface with a loose, uniformly fine texture. Roll, rake and remove ridges and fill depressions,as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor has to complete fine grading or for fine grading more than one time. Acceptance Seeded areas will be accepted upon evidence of an even, uniform,germination of grass cover. This does not imply that a full sod is necessary. The result is based on a visual evaluation indicating a uniform germination of about 80%with no bare spots larger than 12" in diameter and 0% noxious weeds. Contractor shall maintain seeded areas until Initial Acceptance. The Contractor shall maintain seeded areas until Final Acceptance. Maintenance shall consist of repair of eroded areas, watering, mowing, weeding, fertilizing, and reseeding as necessary. For mowing operations, sound horticultural practices shall be followed so that no more than one-third(1/3)of the leaf surface is removed during mowing and that the height of the grass is at least three(3)inches after the final cut. For Initial Acceptance of seeded areas,all seeded areas shall have uniform dense growth of 70% coverage. At the time of the one-year warranty, areas with insufficient vegetative cover shall be reseeded according to these Standards and Specifications. All areas shall be well established prior to final acceptance, which shall be inspected for compliance at the time of final acceptance for the entire project. Subsection 212.07 shall be revised as the following: No separate measurement and payment will be made for fine grading,fertilizer,soil conditioner,soil conditioning, mulch, or mulch tackifier for native seeding. This work shall be included in the Unit Price bid for native seeding. The unit price paid for native seeding shall include all of the Contractor's costs including all labor, material,equipment and incidentals required to install seed, mulch and mulch tackifier. BID NO#B1500059 Page 93 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Subsection 212.08 shall include the following: Payment for seeding shall be full compensation for all work necessary to complete the seeding. The actual quantity will be measured in-place by the County. Payment will be made under: Pay Item Pay Unit Seeding (native) Acre END OF SECTION BID NO#B1500059 Page 94 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.04, Delete the second paragraph and replace with the following: The quantity of hydro-mulch and tackifier will not be measured separately, but will be included in the measurement for seeding. In subsection 213.05, Add the following: Mulching (Hydro-mulch with Tackifier) shall be considered incidental to seeding (native). BID NO#B1500059 Page 95 1 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: In subsection 506.02, add the following: BOULDERS Boulders used shall be the type designated on the DRAWINGS and shall conform to the following: Maximum Ratio Range in Smallest of Largest to Dimension of Smallest Rock Individual Rock Dimension of Boulder Nominal Size Boulders Individual Classification (inches) (inches) Boulders B18 18 17 -20 1.50 B24 24 22 -26 1.50 B30 30 28 -32 1.50 B36 36 34-38 1.50 B42 42 40-44 1.50 B48 48 45 -51 1.50 The specific gravity of the boulders shall be two and one-half(2.5)or greater. Boulder specific gravity shall be according to the bulk-saturated, surface-dry basis, in accordance with AASHTO T85. The bulk density for the boulder shall be 1.3 ton/cy or greater. The boulders shall have a percentage loss of not more than forty percent (40%) after five hundred (500) revolutions when tested in accordance with AASHTO T96. The boulders shall have a percentage loss of not more than ten percent (10%) after five (5) cycles when tested in accordance with AASHTO T104 for ledge rock using sodium sulfate. The boulders shall have a percentage loss of not more than ten percent(10%)after twelve(12)cycles of freezing and thawing when tested in accordance with AASHTO T103 for ledge rock, procedure A. Rock shall be free of calcite intrusions. The color of the boulders shall be gray with gray/blue hues or other acceptable colors approved by ENGINEER prior to delivery to the PROJECT site. Color shall be consistent on the entire PROJECT and shall match the color of rock to be used for all other portions of the WORK. 2 BID NO#B1500059 Page 96 REVISION OF SECTION 506 RIPRAP SOIL RIPRAP, 6" RIPRAP (Toe Drain)WITH BEDDING AND 18" RIPRAP WITH BEDDING Rock requirements are to comply with riprap as specified in Article Materials. The soil material shall be native or topsoil and mixed with sixty-five percent (65%) riprap and thirty five percent(35%) soil by volume. Soil riprap shall consist of a uniform mixture of soil and riprap without voids. BEDDING Gradation for Granular Bedding: Percent by Weight Passing Square-Mesh Sieves U.S.Standard Type I Type II Sieve Size (CDOT Sect. 703.01) (CDOT Sect.703.09 Class A) 3 inches - 90- 100 I% inches - - %inch - 20-90 '/8 inch 100 - No. 4 95 - 100 0-20 No. 16 45 -80 - No. 50 10 -30 - No. 100 2- 10 - No. 200 0 -2 0-3 Granular bedding designation and total thickness of bedding shall be as shown on the DRAWINGS. Granular bedding shall meet the same requirements for specific gravity,absorption,abrasion,sodium sulfate soundness, calcite intrusion,and freeze-thaw durability as required for riprap. Broken concrete asphalt pavement or sledge,shall not be acceptable for use in the WORK. Rounded river rock is not acceptable unless specifically designated on the DRAWINGS. The requirements for the wear test in AASHTO T96 shall not apply. FEATURE BOULDERS Feature Boulders shall consist of the same material as boulders, differing only by size. Feature Boulders shall meet the same requirements for specific gravity, absorption, abrasion, sodium sulfate soundness, calcite intrusion, and freeze-thaw durability as required for boulders. Feature Boulders shall have a minimum dimension of four(4)feet, or as shown on the DRAWINGS. In subsection 506.03, add the following: SOIL REPLACEMENT OVER RIPRAP 1. Where riprap is designated to be buried, place onsite excavated material that is free from trash and organic matter in riprap voids by washing and rodding. 2. Prevent excessive washing of material into stream. 3. When voids are filled and the surface accepted by ENGINEER, place a nominal four(4) inches of topsoil over the area, or as designated on the DRAWINGS. 4. Fine grade, seed, and mulch per the SPECIFICATIONS. 3 REVISION OF SECTION 506 BID NO#B1500059 Page 97 RIPRAP BOULDERS 1. Following excavation and acceptance of subgrade by ENGINEER Boulder placement shall commence as follows: a. Boulders shall be placed on the prepared subgrade in a manner which will minimize voids. b. Voids between boulders exceeding 4"shall be chinked. SOIL RIPRAP 1. Adjacent stockpiles of riprap and soil shall be created and mixing done at the stockpile location, not at the location where soil riprap is to be placed. 2. Mix thirty-five percent(35%)soil by volume with stockpiled riprap, using additional moisture and control procedures that ensure a homogenous mixture; where the soil fills the inherent voids in the riprap without displacing riprap. 3. With prior approval of ENGINEER, layering the riprap and soil instead of premixing may be allowed if the native soil is granular. 4. Place a first layer of smaller soil riprap of approximate d50 thickness. Then place the top layer with surface rocks that are largely d50 or greater, filling voids as necessary with smaller planted riprap. Create a smooth plane along the surface of the soil riprap. 5. The mixture shall be consolidated by large vibratory equipment or backhoe bucket to create a tight, dense interlocking mass. 6. The soil shall be further wetted to encourage void filling with soil. 7. Any large voids shall be filled with rock and small voids filled with soil. 8. Excessively thick zones of soil prone to washing away shall not be created (for example, no thicknesses greater than six (6) inches). 9. For buried soil riprap, the top surface shall be covered with four(4) inches of topsoil such that no rock points are protruding. 10. The final surface shall be thoroughly wetted for good compaction, smoothed and compacted by vibrating equipment; the surface shall then be hand raked to receive planting or seeding. FEATURE BOULDERS 1. Feature Boulders serve an aesthetic function and as such shall be placed and rotated into final position as directed by ENGINEER in order to achieve the desired result. GROUT FOR GROUTED BOULDERS: Concrete for the grout shall be an approved batch meeting the following requirements: 1. All grout shall have a minimum 28-day compressive strength equal to 3,200 psi. 2. One cubic yard of grout shall contain a minimum of six (6)sacks of Type II Portland cement. 3. A maximum of 25% Type F Fly Ash may be substituted for the Portland cement. 4. Aggregate for the grout shall consist of 70% natural sand (fines) and 30% 3/8-inch rock (coarse). 5. Slump shall be four (4) inches to six (6) inches. 6. Air entrainment shall be 5.5% - 7.5%. 7. Grout shall contain one and one-half(1 1/2)pounds of Fibermesh,or approved equivalent, per cubic yard of grout. 4 REVISION OF SECTION 506 RIPRAP BID NO#B1500059 Page 98 Delete subsection 506.04, and replace with the following: Riprap(including bedding and or soil where designated)of the size and method installed specified in the Contract will be measured by the cubic yard of riprap only and based plan quantity unless changes are directed and approved by the Project Engineer. Grouted Boulders of the size and method installed specified in the Contract will be measured by the square yard of grouted boulders only and based plan quantity unless changes are directed and approved by the Project Engineer. Grout shall not be measured separately, but shall be included in the cost for grouted boulders. Delete subsection 506.05, and replace with the following: Payment will be made at the contract unit price per cubic yard or square yard of the size and method installed and accepted. Payment will be based on plan quantity unless changes are directed and approved by the Project Engineer. Payment will be made under: Pay Item Pay Unit 6" Riprap (Toe Drain)With Bedding CY 18" Riprap With Bedding CY 18" Soil Riprap CY 42" Grouted Boulders SY Grout Fill along Existing Grouted Boulders CY END OF SECTION BID NO#B1500059 Page 99 1 REVISION OF SECTION 605 SUBSURFACE DRAINS Section 605 of the Standard Specifications is hereby revised for this project as follows: Subsection 605.02 shall include the following: ADS N-12 ST IB Pipe (per ASTM F2648) Specification Subsection 605.07 shall include the following: Replacement of subsurface drains will be measured on a linear foot basis of the actual length of pipe as measured in the field, complete in place, from end of pipe to end pipe. Subsection 605.08 shall include the following: Payment will be made under: Pay Item Pay Unit Replace Subsurface Drain Pipe (4"ADS n-12) Linear Foot BID NO#B1500059 Page 100 1 REVISION OF SECTION 607 FENCES Section 607 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 607.04 and replace with the following: Fence will be measured by the linear foot. Measurement will be along the base of the fence from outside to outside of end posts for each continuous run of fence including length of barbed wire gates. Gates shall be the same type and height as the adjacent fence unless otherwise designated. Delete Subsection 607.05 and replace with the following: The accepted quantity of Post and Wire Fence shall include all labor and materials required to install new fence to match the existing fence for the length and at the locations shown on the Drawings. Payment will be made under: Pay Item Pay Unit Post and Wire Fence (Match Existing) Linear Foot 1 REVISION OF SECTION 608 BID NO#B1500059 Page 101 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.02 shall include the following: Bikeway Concrete: Concrete for all Bikeways shall conform to the requirements of Section 601. Concrete shall be Class B and reinforced with Fibermesh at the rate of 1.5 pounds per cubic yard. 1 REVISION OF SECTION 626 MOBILIZATION BID NO#B1500059 Page 102 Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall include the following: CONSTRUCTION EASEMENTS: The County has acquired Temporary and/or Permanent Construction Easements for work for the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional Temporary Construction Easements (TCEs). All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre-approved by the County and secured by the Contractor, at Contractor's expense Subsection 626.01 shall include the following: Payment will be made under: Pay Item Pay Unit Mobilization Lump Sum END OF SECTION BID NO#B1500059 Page 103 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. 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) Revised Standard Plans S-630-1 and S-630-2 Traffic Controls for Highway Construction. (3) Traffic Control Layout and Quantities Estimate as shown in the Contract Drawings. (4) Manual on Uniform Traffic Control Devices (MUTCD) Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding purposes. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the traveling public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area,flaggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.01 shall include the following: Payment will be made under: Pay Item Pay Unit Flagging Hour Traffic Control Inspection Day Traffic Control Management Day Construction Traffic Sign (Panel Size A) Each Traffic Cones Each END OF SECTION BID NO#B1500059 Page 104 1 SECTION 650 WATER CONTROL AND DEWATERING DESCRIPTION 650.01 The WORK of this section consists of controlling groundwater,site drainage,and storm flows during construction. CONTRACTOR is cautioned that the WORK involves construction in and around drainage channels, local rivers, and areas of local drainage. These areas are subject to frequent periodic inundation. MATERIALS 650.02 On-site materials may be used within the limits of construction to construct temporary dams and berms. Materials such as plastic sheeting, sand bags, inflatable devices and storm sewer pipe may also be used if desired by CONTRACTOR. CONSTRUCTION REQUIREMENTS 650.03 Requirements for controlling surface and groundwater during construction are as follows: A. General. For all excavation, CONTRACTOR shall provide suitable equipment and labor to remove water, and he shall keep the excavation dewatered so that construction can be carried on under dewatered conditions. Water control shall be accomplished such that no damage is done to adjacent channel banks or structures. CONTRACTOR is responsible for investigating and becoming familiar with all site conditions that may affect the work including surface water, potential flooding conditions, level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to ninety five percent (95%) of Maximum Standard Proctor Density (ASTM D698) except where replacement by other materials and/or methods are required. CONTRACTOR shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses. By submitting a bid, CONTRACTOR acknowledges that CONTRACTOR has investigated the risk arising from such waters and has prepared his bid accordingly, and assumes all of said risk. At no time during construction shall CONTRACTOR affect existing surface or subsurface drainage patterns of adjacent property. Any damage to adjacent property resulting from CONTRACTOR's alteration of surface or subsurface drainage patterns shall be repaired by CONTRACTOR at no additional cost to OWNER. CONTRACTOR shall remove all temporary water control facilities when they are no longer needed or at the completion of the PROJECT. Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. BID NO#B1500059 Page 105 2 SECTION 650 WATER CONTROL AND DEWATERING B. Surface Water Control. Surface water control generally falls into the following categories: 1. Normal low flows along the channel 2. Storm/flood flows along the channel 3. Flows from existing storm drain pipelines; and 4. Local surface inflows not conveyed by pipelines CONTRACTOR shall coordinate, evaluate, design, construct, and maintain temporary water conveyance systems. These systems shall not worsen flooding, alter major flow paths, or worsen flow characteristics during construction. CONTRACTOR is responsible to ensure that any such worsening of flooding does not occur. CONTRACTOR is solely responsible for determining the methods and adequacy of water control measures. At a minimum, CONTRACTOR shall be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the time it takes to install these materials, and the time required for curing of any concrete or grout. CONTRACTOR is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction-site. It shall be CONTRACTOR's responsibility to determine the quantity of water which shall be diverted to protect the WORK from damage caused by stormwater. CONTRACTOR shall, at all times, maintain a flow path for all channels. Temporary structures such as berms,sandbags, pipeline diversions,etc., may be permitted for the control of channel flow,as long as such measures are not a major obstruction to flood flows, do not worsen flooding, or alter historic flow routes. C. Groundwater Control. CONTRACTOR shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures, pipelines, earthwork, and rock work. Such measures may include, but are not limited to, installation of perimeter sub-drains, pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation. Dewatering from within the foundation excavations shall not be allowed. The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled. Disturbance of foundation subgrade by CONTRACTOR operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at CONTRACTOR's expense. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by ENGINEER. BID NO#B1500059 Page 106 3 SECTION 650 WATER CONTROL AND DEWATERING METHOD OF MEASUREMENT 650.04 No separate measurement for payment will be made for any labor, equipment, and materials required for this item. The lump sum price will include all of CONTRACTOR's costs. This BID item includes: 1) Implementing measures to control surface water and groundwater 2) Obtaining and transferring all required permits, upon approval. 3) Providing temporary power as required. 4) Evaluating, designing, constructing, maintaining, and monitoring dewatering measures 5) Installing check dams, pumps, dewater bags, earth embankments, diversion channels, sheet pile, wells, or any other material necessary for dewatering. 6) Monitoring, sampling, analysis, and water quality reports if required. 7) Protect work from base flows and storm events. 8) Providing all other related and necessary labor, equipment, and materials to complete the WORK. BASIS OF PAYMENT 650.05 Payment will be on a per day basis for the time that the Contractor starts to put his Water Control and Dewatering in place to the time it is removed as accepted by the Project Engineer. Payment will be made under: Pay Item Pay Unit Water Control and Dewatering Day END OF SECTION BID NO#B1500059 Page 107 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department'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. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Estimated Force Account Item Quantity Amount F/A Minor Contract Adjustments F/A $50,000 F/A Minor Contract Adjustments—This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, does not already have an existing unit price bid item, and is necessary to accomplish the scope of work for this contract. The Force Account may be used for such unforeseen items which may be needed for the project. END OF SECTION BID NO#B1500059 Page 108 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements")when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO#B1500059 Page 109 STANDARD SPECIAL PROVISIONS Date No of Pages Revision of Section 105— Construction Surveying (July 31, 2014) 1 Revision of Section 105—Violation of Work Time Limitation (February 3, 2011) 1 Revision of Section 106—Certificates of Compliance and Certified Test Reports (February 3, 2011) 1 Revision of Section 106—Material Sources (October 31, 2013) 1 Revision of Section 106-Suppliers List (January 30, 2014) 1 Revision of Section 107— Contractor Obtained Stormwater Construction Permit (July 31, 2014) 1 Revision of Section 107— Responsibility for Damage Claims, Insurance Types, (February 3, 2011) 1 and Coverage Limits Revision of Section 107—Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Section 108—Liquidated Damages (May 2, 2013) 1 Revision of Section 108—Notice to Proceed (July 31, 2014) 1 Revision of Section 108— Project Schedule (July 31, 2014) 6 Revision of Section 108-Subletting of Contract (January 31, 2013) 1 Revision of Section 109—Compensation for Compensable Delays (May 5, 2011) 1 Revision of Section109— Measurement of Quantities (February 3, 2011) 1 Revision of Section 109—Prompt Payment (January 31, 2013) 1 Revision of Sections 203— Imported Material for Embankment (February 3, 2011) 2 Revision of Sections 203, 206, 304 and 613—Compaction (July 19, 2012) 2 Revision of Section 206— Imported Material for Structure Backfill (July 19, 2012) 2 Revision of Section 206— Imported Material for Structure Backfill (Flow-Fill) (April 26, 2012) 3 Revision of Section 208—Erosion Log (January 31, 2013) 1 Revision of Section 212— Seed (April 26, 2012) 1 Revision of Section 213—Mulching (January 31, 2013) 4 Revision of Section 250—Environmental, Health and Safety Management (July 19, 2012) 1 Revision of Sections 603, 624, 705 and 712—Drainage Pipe (October 2, 2014) 3 Revision of Section 630—Construction Zone Traffic Control (February 17, 2012) 1 Revision of Section 703—Aggregate for Bases (October 31, 2013) 1 BID NO#B1500059 Page 110 July 31, 2014 1 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. BID NO#B1500059 Page 111 February 3, 2011 1 REVISION OF SECTION 105 VIOLATION OF WORKING TIME LIMITATION Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.03 shall include the following: If there is a violation of the working time limitations for traffic control as set forth in the special provisions, a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with this specification. This incident price reduction charge will be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract. An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to$1200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident. The number of incident charges will be accumulative throughout the duration of the Contract. PRICE REDUCTION SCHEDULE Incident Incident Rate Total Price Reduction s` Notice to Stop Work 2°d $150 $150 3rd 300 450 4th 600 1,050 5`h 1,200 2,250 6th 1,200 3,450 Etc. 1,200 4,650 Etc. Etc. BID NO#B1500059 Page 112 February 3, 2011 1 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature(including corporate title)on the Certificate of Compliance, under penalty of perjury,shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project.One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material.The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title)on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. BID NO#B1500059 Page 113 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. BID NO#B1500059 Page 114 January 30, 2014 1 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. BID NO#B1500059 Page 115 July 31, 2014 1 REVISION OF SECTION 107 CONTRACTOR OBTAINED STORMWATER CONSTRUCTION PERMIT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.25 shall include the following: (d) Contractor Obtained CDPS-SCP Stormwater Permit. This project is covered by a Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP). The Contractor shall apply for and obtain the permit upon award of the Contract. The Contractor shall submit a copy of the CDPS-SCP to the Engineer prior to or at the project Pre-construction Conference. 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 the CDPS-SCP has been obtained from CDPHE and submitted to the Engineer. A copy of the Permit shall be placed in the project SWMP notebook. Prior to final acceptance, a project walk through shall be conducted in accordance with subsection 208.10 (c). The walk through shall take place upon sufficient completion of the project, as determined by the Engineer. Upon receipt of written final acceptance of the water quality work from the Engineer and written concurrence from the Maintenance Superintendent, the Contractor shall transfer the CDPS-SCP to the CDOT Maintenance Superintendent. The transfer forms will only be signed if the project is in an acceptable state as determined by the Maintenance Superintendent and the CDOT Region Water Pollution Control Manager(RWPCM). CDOT will submit the Application of Transfer of Ownership to the CDPHE. Under no circumstances shall the Contractor inactivate the permit. Until the transfer has been completed, the Contractor shall continue to adhere to all permit requirements. Requirements shall include inspections, BMP installation, BMP maintenance and BMP repair, including seeded areas. 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. BID NO#B1500059 Page 116 February 3, 2011 1 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. BID NO#B1500059 Page 117 January 30, 2014 1 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. BID NO#B1500059 Page 118 May 2, 2013 1 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 0 250,000 400 250,000 500,000 700 500,000 1,000,000 1,100 1,000,000 2,000,000 1,600 2,000,000 4,000,000 2,500 4,000,000 10,000,000 3,300 10,000,000 3,300 plus 200 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 BID NO#B1500059 Page 119 July 31, 2014 1 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 5th day following Contract execution or the 20th day following the date of award, whichever comes later, or in accordance with the selected start date allowed in the special provisions. BID NO#B1500059 Page 120 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 July 31, 2014 BID NO#B1500059 Page 121 2 REVISION OF SECTION 108 PROJECT SCHEDULE not affect the overall completion of the project. 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 effect 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 July 31, 2014 BID NO#B1500059 Page 122 3 REVISION OF SECTION 108 PROJECT SCHEDULE subcontractors, suppliers, and engineers, at any tier, shall perform the work according to the approved Project Schedule. Float within the Baseline Schedule or any other Project Schedule is not for the exclusive use or benefit of either party, but is a project resource available to both parties as needed until it is depleted. For any schedule submittal that shows completion in less than 85 percent of the Contract Time, the Contractor shall submit planned production rates in the schedule for all activities with float of 10 days or less. The Engineer may require additional methods statements for activities with float of 10 days or less. The Engineer's review of the schedule will not exceed 10 calendar days. The Engineer will provide the Contractor with one of the following responses within 10 days after receipt of the Project Schedule: (1)Approved, no exceptions taken; (2)Approved-as-Noted; or (3) Revise and Resubmit within 10 days. The Contractor shall not assume that approval of the Project Schedule relieves the Contractor of its obligation to complete all work within the Contract Time. (c) Schedule Submittals. The Contractor shall include a time-scaled logic diagram with all schedule submittals that: (1) Is plotted on a horizontal time-scale in accordance with the project calendar. (2) Uses color to clearly identify the critical path. (3) Is based on early start and early finish dates of activities. (4) For Schedule Updates and Schedule Revisions, shows actual completion dates up to but not including the data date. (5) Clearly shows the sequence and relationships of all activities necessary to complete the contract work. (6) Includes an activity block for each activity with the following information: Activity ID Activity Description Original Duration 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: (i) A Job Progress Narrative Report that includes the following: July 31, 2014 4 BID NO#B1500059 Page 123 REVISION OF SECTION 108 PROJECT SCHEDULE (ii) A description of the work performed since the previous month's schedule update. (iii) A description of problems encountered or anticipated since the previous month's schedule submission. (iv) A description of unusual labor, shift, equipment, or material conditions or restrictions encountered or anticipated. (v) The status of all pending items that could affect the schedule. (vi) Explanations for milestones forecasted to occur late. (vii) Scheduled completion date status and any change from the previous month's submission. (viii) An explanation for a scheduled completion date forecasted to occur before or after the contract completion date or contract time. (ix) 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. (x) A list of all added and deleted activities along with an explanation for the change. (xi) All logic and duration changes along with an explanation for the change. (xii) A Predecessor Activity and Successor Activity report that defines all schedule logic and clearly indicates all logical relationships and constraints. (xiii) An Early Start report listing all activities, sorted by actual start/early start date. (xiv) A Float report listing all activities sorted in ascending order of available float. (xv) A Critical Path report listing all activities not yet complete with the percent complete, sorted by float and then by early start. (xvi) 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. 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 10 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. July 31, 2014 5 REVISION OF SECTION 108 PROJECT SCHEDULE BID NO#B1500059 Page 124 (d) 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. 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. (e) 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. (f) 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. (g) 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 July 31, 2014 6 REVISION OF SECTION 108 PROJECT SCHEDULE BID NO#B1500059 Page 125 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. (h) 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. 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. (i) Payment. All costs relating to the requirements of this subsection will not be paid for separately, but shall be included in the work. BID NO#B1500059 Page 126 January 31, 2013 1 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. BID NO#B1500059 Page 127 May 5, 2011 1 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. BID NO#B1500059 Page 128 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 BID NO#B1500059 Page 129 January 31, 2013 1 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. BID NO#B1500059 Page 130 February 3, 2011 1 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.03 (a) shall include the following: Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (1) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 (4) pH using ASTM G51. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 203-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-1 or 203-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. BID NO#B1500059 Page 131 February 3, 2011 2 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Table 203-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (CI) pH % max % max 0 , 7 0.05 0.05 6.0-8.5 1, 7 0.10 0.10 6.0-8.5 2, 8 0.20 0.20 6.0-8.5 3, 9 0.50 0.50 6.0-8.5 4, 9 1.00 1.00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6, 10 >2.00 >2.00 <5 or>9 Table 203-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm —cm) pH ≥1,500 5.0-9.0 ≥250 3.0-12.0 BID NO#B1500059 Page 132 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 AASHTO 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 BID NO#B1500059 Page 133 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. BID NO#B1500059 Page 134 July 19, 2012 1 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.02 (a) shall include the following: Imported Material used as structure backfill for pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Non-reinforced Concrete Pipe or Reinforced Concrete Pipe is used, the imported material shall be tested for sulfate and pH. When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used, the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected, the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (5) Water soluble sulfates using CP-L 2103 Method B. (6) Chlorides using CPL 2104 (7) Resistivity using ASTM G57 (8) pH using ASTM G51. The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 206-1 or 206-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 206-1 or Table 206-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 206-1 for pH. The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion, the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 206-1 or 206-2, all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. BID NO#B1500059 Page 135 July 19, 2012 2 REVISION OF SECTION 206 IMPORTED MATERIAL FOR STRUCTURE BACKFILL Table 206-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (CI) pH % max I % max 0 , 7 0.05 0.05 6.0-8.5 1, 7 0.10 0.10 6.0-8.5 2, 8 0.20 0.20 6.0-8.5 3, 9 0.50 0.50 6.0-8.5 4, 9 1.00 1.00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6, 10 >2.00 >2.00 <5 or>9 Table 206-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm —cm) pH ≥1,500 I 5.0-9.0 ≥250 3.0-12.0 BID NO#B1500059 Page 136 April 26, 2012 1 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) Section 206 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 206.02 (a) and replace with the following: (a) Structure Backfill. Class 1 and Class 2 structure backfill shall be composed of non-organic mineral aggregates and soil from excavations, borrow pits, or other sources. Material shall conform to the requirements of subsection 703.08. Class of material shall be as specified in the Contract or as designated. Structure backfill (Flow-Fill) meeting the following requirements shall be used to backfill bridge abutments. The Contractor may substitute structure backfill (Flow-Fill)for structure backfill (Class 1) or structure backfill (Class 2)to backfill culverts and sewer pipes. Flow-Fill is a self-leveling low strength concrete material composed of cement,fly ash,aggregates,water,chemical admixtures and/or cellular foam for air-entrainment. Flow-fill shall have a slump of 7 to 10 inches, when tested in accordance with ASTM C143 or a minimum flow consistency of 6 inches when tested in accordance with ASTM D6103. Flow-Fill shall have a minimum compressive strength of 50 psi at 28 days,when tested in accordance with ASTM D4832. Flash Fill shall not be used in lieu of Flow Fill. Flow-Fill placed in areas that require future excavation, such as utility backfill shall have a Removability Modulus (RM)of 1.5 or less. Removability Modulus, RM, is calculated as follows: RM = W15x104xC05 106 where : W = unit weight (pcf) C = 28-day compressive strength (psi) Materials for structure backfill (Flow-Fill) shall meet the requirements specified in the following subsections: Fine Aggregate''° 703.01 Coarse Aggregate2'4 703.02 Portland Cement 701.01 Fly Ash3'° 701.02 Water 712.01 Air Entraining Admixture 711.02 Chemical Admixtures 711.03 ' Fine aggregate not meeting the requirements of subsection 703.01 may be used if testing indicates acceptable results for strength and air content. 2 Coarse aggregate not meeting the requirements of subsection 703.02 may be used if testing indicates acceptable results for strength and air content. 3 Fly ash not meeting the requirements of subsection 701.02 may be used if testing indicates acceptable results for strength and air content. ° Industrial by-product aggregates (foundry sand, bottom ash, etc..) and fly ash not meeting the requirements of subsection 701.02 shall submit a report from the supplier documenting the results of testing in accordance with the Toxicity Characteristic Leaching Procedure (TCLP) described in 40 CFR 261. The report shall include the results of TCLP testing for heavy metals and other contaminants. Materials shall not exceed the TCLP limits of 40 CFR 261.24 for heavy metals April 26, 2012 BID NO#B1500059 Page 137 2 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) Cellular foam shall conform to ASTM C869 and ASTM C796 Recycled broken glass (glass cullet) is acceptable as part or all of the aggregate. Aggregate including glass must conform to the required gradations. All containers used to produce the cullet shall be empty prior to processing. Chemical, pharmaceutical, insecticide, pesticide, or other glass containers containing or having contained toxic or hazardous substances shall not be allowed and shall be grounds for rejecting the glass cullet. The maximum debris level in the cullet shall be 10 percent. Debris is defined as any deleterious material which impacts the performance of the structure backfill (Flow-Fill) including all non-glass constituents. The Contractor may use aggregate which does not meet the above specifications if the aggregate conforms to the following gradation: Sieve Size Percent Passing 25.0 mm (1 inch) 100 75 pm (No. 200) 0- 101 1 The amount of material passing the 75 pm (No. 200) screen may exceed 10 percent if testing indicates acceptable results for strength and air content. The Contractor shall submit a structure backfill (Flow-Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content (2) ASTM D6023, Unit Weight (3) ASTM C143, Slump or ASTM D6103 flow consistency (4) ASTM D4832 28-day Compressive Strength (5) Removability Modulus (RM) In subsection 206.03, delete the thirteenth through fifteenth paragraphs and replace with the following: Compaction of structure backfill (Flow-Fill) shall not be performed. The maximum layer thickness for structure backfill (Flow-Fill) shall be 3 feet unless otherwise approved by the Engineer. The Contractor shall not place structure backfill (Flow-Fill) in layers that are too thick to cause damage to culverts, pipes and other structures, or that will cause formwork or soil failures during placement. Structure backfill (Flow-Fill) shall have an indention diameter less than 3 inches and the indention shall be free of visible water when tested in accordance with ASTM D6024 by the Contractor prior to placing additional layers of structure backfill (Flow- Fill).Testing structure backfill (Flow-Fill) in accordance with ASTM D6024 will be witnessed by the Engineer. Damage resulting from placing structure backfill (Flow-Fill) in layers that are too thick or from not allowing sufficient time between placements of layers shall be repaired at the Contractor's expense. The Contractor shall secure culverts, pipes and other structures to prevent floating and displacement of these items during the placement of the structure backfill (Flow-Fill). Prior to the placement of structure backfill (Flow-Fill), the Contractor shall sample the structure backfill (Flow-Fill) in accordance with ASTM D5971. The Contractor shall test the structure backfill (Flow-Fill) unit weight in accordance with ASTM D6023. The Contractor shall test the structure backfill (Flow-Fill)for slump in accordance with ASTM C143 or flow consistency according to ASTM D6103. BID NO#B1500059 Page 138 April 26, 2012 3 REVISION OF SECTION 206 STRUCTURE BACKFILL (FLOW-FILL) The Contractor shall sample and test the first three loads of structure backfill (Flow-Fill)for each placement and then randomly once every 50 cubic yards. Sampling and testing will be witnessed by the Engineer When structure backfill (Flow-Fill) is placed in areas that require future excavation, the unit weight of the placed structure backfill (Flow-Fill) shall not exceed the unit weight of the approved mix design by more than 2.0 pcf. Structure backfill (Flow-Fill)shall not be allowed to freeze during placement and until it has set sufficiently according to ASTM D6024. Frozen structure backfill (Flow-Fill) shall be removed and replaced at the Contractor's expense. When the Contractor substitutes Structure Backfill (Flow-Fill)for Structure Backfill (Class 1) or(Class 2), the trench width may be reduced to provide a minimum 6 inch clearance between the outside diameter of the culvert and the trench wall. January 31, 2013 BID NO#B1500059 Page 139 1 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h)and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (I) Erosion Log (Type 1) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo-degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch)sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre-manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight(minimum) Stake (pounds/foot) Dimensions (Inches) Max. 9 inch 10 180 1.6 1.5 by 1.5 (nominal) by 18 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. BID NO#B1500059 Page 140 April 26, 2012 1 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. BID NO#B1500059 Page 141 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 hydro-mulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application, the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free-flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert lndianwheat) or pre-gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert lndianwheat): Property Requirement Test Method (1) pH 1% solution 6.5- 8.0 (2) Mucilage content 75% min. ASTM D7047 Pre-gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein 5.5-7% (2) Ash content 0-2% (3) Fiber 4-5% (4) pH 1% solution 6.5—8.0 (5) Size 100%thru 850 microns (20 mesh) (6) Settleable solids <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: BID NO#B1500059 Page 142 January 31, 2013 2 REVISION OF SECTION 213 MULCHING Properties Requirement Test Method Organic Fibers 71% Min. ASTM D 2974 Cross linked Tackifiers 10% +/- 2% Min. Reinforcing Interlocking Fibers 10% +/- 1% Min. Biodegradability 100% ASTM D 5338 Ground Cover @ Application 90% Min. ASTM D 6567 Rate Functional Longevity 12 Months Min. Cure Time < 8 hours Application Application Rate 3,000 lb./acre 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 Requirement Test Method Fiber Retention On 28-Mesh Screen ≥40% Tyler Ro-Tap Method Moisture Content 12% ±2% Total Air Dry Weight Basis Organic Matter 99.2% ± 0.2% Oven Dry Weight Basis Ash Content 0.8% ± 0.2% Oven Dry Weight Basis pH At 3% Consistency In Water 4.5-7.0 ± 0.5% Sterilized Weed-Free Yes Non-Toxic To Plant Or Animal Life Yes 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 Requirement Molecular Weight ≥ 12x106 Charge Density > 25% Non-Toxic To Plant Or Animal Life Yes (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically-applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion-resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: January 31, 2013 BID NO#B1500059 Page 143 3 REVISION OF SECTION 213 MULCHING Property Requirement Test Method Ground Cover(%) 95 ASTM 6567 Bio-degradability(%) 100 ASTM 5338 Functional Longevity (months) 9 month minimum Cure Time (hours) 24-48 Cross-linked tackifier 10% minimum Application Application Rate (lbs./Acre) 3000 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate:Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs. /Acre 300 lbs. /Acre 2000 gal. /Acre In subsection 213.03, delete (f)and replace with the following: (f) Spray-on Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended-term dyes and bio nutrients will be permitted. Apply Spray-on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle.Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydro-mulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at% 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. 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. January 31, 2013 4 BID NO#B1500059 Page 144 REVISION OF SECTION 213 MULCHING 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 Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket 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. BID NO#B1500059 Page 145 July 19, 2012 1 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: In subsection 250.03, delete the second and third paragraphs and replace with the following: This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill, industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's 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) shall be followed. In subsection 250.07 delete, (d)and replace with the following: (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. Training must be given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer 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. Soil remediation is not necessarily required, depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. BID NO#B1500059 Page 146 October 2, 2014 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 Subsection ALT2 CSP Aluminized Corrugated Steel Pipe Type 2 707.11 Plastic Polyvinyl Chloride (PVC), Polyethylene (PE) and Polypropylene (PP) 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 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: BID NO#B1500059 Page 147 October 2, 2014 2 REVISION OF SECTIONS 603, 624, 705, 707 AND 712 DRAINAGE PIPE TABLE 624-1 Materials Allowed for Class of Pipe Material Class of Pipe* Allowed** 0 1 2 3 4 5 6° 7 8 9 10° CSP YNNNNNNNNNN ALT2 CSP Y Y Y Y YNNNNNN Bit. Co. CSP Y Y1 N N N N N N N N N A.F. Bo. CSP Y Y Y Y Y Y YNNNN CAP PCSP- both Y Y Y Y Y Y YNNNN sides PVC6 Y Y Y Y Y Y Y Y Y Y Y PE Y Y Y Y Y Y Y Y Y Y Y ppb Y Y Y Y Y Y Y Y Y Y Y RCP (SP0)3'5 Y YNNNNN YNNN RCP (SP1)3'b Y Y Y NNNN Y Y NN RCP (SP2)3'5 YVYYYNN 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 the CDOT Pipe Selection Guide. Determination is based on abrasion and corrosion resistance. ** Y=Yes; N=No. Coated Steel Structural Plate Pipe of equal or greater diameter, conforming to Section 510, may be substituted for Bit. Co. CSP at no additional cost to the project. 2 Aluminum Alloy Structural Plate Pipe of equal or greater diameter, conforming to Section 510, may be substituted for CAP at no additional cost to the project. 3 SP= Class of Sulfate Protection required in accordance with subsection 601.04 as revised for this project. RCP shall be manufactured using the cementitious material required to meet the SP class specified. ° For pipe classes 6 and 10, the RCP shall be coated in accordance with subsection 706.07 when the pH of either the soil or water is less than 5. The Contract will specify when RCP is to be coated. 5 Concrete shall have a compressive strength of 4500 psi or greater. 6 In accordance with subsection 712.13. 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. October 2, 2014 BID NO#B1500059 Page 148 3 REVISION OF SECTIONS 603, 624, 705, 707 AND 712 DRAINAGE PIPE Subsection 705.03 shall include the following: Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212. 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(c)as follows: (a) 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. February 17, 2012 BID NO#B1500059 Page 149 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.16 delete the fifth paragraph. BID NO#B1500059 Page 150 October 31, 2013 1 REVISION OF SECTION 703 AGGREGATE FOR BASES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.03, first paragraph, delete the first sentence and replace with the following: Aggregates for bases other than Aggregate Base Coarse (RAP) shall be crushed stone, crushed slag, crushed gravel, natural gravel, crushed reclaimed concrete or crushed reclaimed asphalt pavement (RAP). All materials except Aggregate Base Course (RAP) shall conform to the quality requirements of AASHTO M 147 except that the requirements for the ratio of minus 75 pm (No. 200) sieve fraction to the minus 425 pm (No. 40) sieve fraction, stated in 3.2.2 of AASHTO M 147, shall not apply. The requirements for the Los Angeles wear test(AASHTO T 96 &ASTM C535) shall not apply to Class 1, 2, and 3. Aggregates for bases shall meet the grading requirements of Table 703-3 for the class specified for the project, unless otherwise specified. BID NO#B1500059 Page 151 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 Note: Executive Order (EO) 13658 establishes an hourly minimum wage of$10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least$10.10 (or the applicable wage rate listed on this wage determination, if it is higher)for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.00v/whd/govcontracts. Decision Nos.CO150024 dated January 02,2015 supersedes Modifications ID Decision Nos.CO140024 dated January 03,2014. MOD Date Page When work within a project is located m two or more counties and Number Number(s) 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. CO150024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO150024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate 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 BID NO#B1500059 Page 152 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate 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 BID NO#B1500059 Page 153 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 General Decision No.CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last blod LABORER(con't): Traffic Control(Sets Up/Moves Barrels,Cones, Installs signs,Arrow Boards and Place Stationary Flags),(Excludes Flaggers) 1743 Larimer,Weld 12.43 3.22 1744 PAINTER(Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa,Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Larimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.88 6.80 1752 Mesa,Weld 23.66 7.36 Backhoe/Trackhoe 1753 Larimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 6.33 Bobcat/Skid Loader 1756 Larimer 17.13 4.46 1757 Mesa,Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 BID NO#B1500059 Page 154 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 General Decision No.CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR(con't): Bulldozer 1762 Larimer,Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader(Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor(Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21.33 6.99 BID NO#B1500059 Page 155 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 General Decision No.CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR(con't.): Rotomill 1783 Lariiner 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Lariiner 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 BID NO#B1500059 Page 156 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 General Decision No.CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate 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 Lariiner,Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 3.68 1807 Semi/Trailer Truck 18.39 4.13 1808 Truck Mounted Attenuator 12.43 3.22 Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 1811 Weld 19.28 5.04 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29 CFR 5.5(a)(1)(ii)). In the listing above,the"SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. BID NO#B1500059 Page 157 U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01-02-15 HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO150024 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: *an existing published wage determination *a survey underlying a wage determination *a Wage and Hour Division letter setting forth a position on a wage determination matter *a conformance(additional classification and rate)ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.)and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington,DC 20210 2.) If the answer to the question in I.)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.CO150024 BID NO#B1500059 Page 158 BID ADDENDUM NO. 1 24.5A Project Name: EM-BR9.5-25A-Phase 2 Bid Request No: B1500059 c, 1861 EL C COUNTY Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 The following revisions shall be incorporated into the CONTRACT DOCUMENTS, for the above-referenced PROJECT: A. Contractor Questions and Response B. Measurement and Payment Revisions C. Bid Schedule Revisions D. Drawings Revisions E. Pre-bid Meeting Minutes The BID date remains March 4, 2015, 10:00 am MDT All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an ADDENDUM may be cause for rejection of the BID. A. CONTRACTOR QUESTIONS AND RESPONSE 1. Q. Is there suitable borrow material onsite to be used as fill. A. There is minimal borrow material available on site. 2. Q. Is there a source for riprap? A. No, the Contractor will need to supply riprap from a source selected by the Contractor and approved by the County. 3. Q. Can existing riprap/boulders be reused, and how will the reused rock be paid for? A. Yes, the existing riprap/boulders that are salvaged on site can be reused. Provision for payment for reused rock will be added by addendum. The revised bid schedule is attached to this addendum. 4. Q. Do all debris removed from the site need to go to a certified landfill? A. Yes. The project is funded by FEMA, and FEMA requires for payment that all debris removed from the site be disposed of at a certified landfill. 5. Q. Is there a USACOE 404 Permit for this project? A. Yes, the Permit is included in the Contract Documents, and the Contractor needs to adhere to the requirements outlined in the Permit. 6. Q. Are turbidity curtains required at the diversion? A. Depends on the Contractor's plan, and the permit requirements for water quality. 7. Q. Can riprap placed for toe protection below the River bottom be installed in a wet condition? A. Yes, the Permit is included in the Contract Documents, and the Contractor needs to adhere to the requirements outlined in the Permit. 8. Q. Are road closures anticipated for this project? A. No, possible lane closures along frontage road bridge if concrete pump truck is used on bridge. 9. Q. What is the source for the survey data of the proposed improvements? A. ICON will provide CAD files of the Construction Drawings to the Contractor's Surveyor. 10. Q. What is the cut-off date for questions from the Bidders? A. Clay will take questions until end of business day Friday, February 27, 2015. B. REVISIONS TO SPECIAL PROVISIONS - REVISIONS OF SECTION 506 - RIPRAP The Special Provisions "Revisions of Section 506 — Riprap" has been modified as follows: Delete page 4 of the REVIESIONS OF SECTION 506 — RIPRAP, and replace with the following: 4 REVISION OF SECTION 506 RIPRAP Delete subsection 506.04, and replace with the following: Riprap (including bedding and or soil where designated) of the size and method installed specified in the Contract will be measured by the cubic yard of riprap only and based plan quantity unless changes are directed and approved by the Project Engineer. Grouted Boulders delivered to the site form an approved source of the size and method installed specified in the Contract will be measured by the square yard of grouted boulders only and based plan quantity unless changes are directed and approved by the Project Engineer. Grout shall not be measured separately, but shall be included in the cost for grouted boulders. Grouted Boulders (Salvaged) shall be existing boulders salvaged from the river bottom that are undamaged and free of excessive grout and approved by the Project Engineer and are of the size and method installed specified in the Contract will be measured by the square yard of grouted boulders only and based plan quantity unless changes are directed and approved by the Project Engineer. Grout shall not be measured separately, but shall be included in the cost for grouted boulders (salvaged). Delete subsection 506.05, and replace with the following: Payment will be made at the contract unit price per cubic yard or square yard of the size and method installed and accepted. Payment will be based on plan quantity unless changes are directed and approved by the Project Engineer. Payment will be made under: Pay Item Pay Unit 6" Riprap (Toe Drain)With Bedding CY 18" Riprap With Bedding CY 18" Soil Riprap CY 42" Grouted Boulders SY 42" Grouted Boulders (Salvaged) SY Grout Fill along Existing Grouted Boulders CY END OF SECTION C. BID SCHEDULE REVISIONS Following is a description of the modifications to the bid schedule. The modified bid schedule is included on the page following these descriptions and shall be used by all Bidders: Bid item 507 -42" GROUTED BOULDERS: Bid item number has been changed to 506 and the Bid Quantity has been revised to 500 SY. Bid item 507 -GROUT FILL ALONG EXISTING GROUTED BOULDERS: Bid item number has been changed to 506 Bid item 506 -42" GROUTED BOULDERS (SALVAGED) SY 500 has been added to the Bid Schedule. 24.5 BID SCHEDULE: EM-BR9.5-2§A- PHASE 2 202 REMOVAL OF DEBRIS TN 50 $ $ 203 UNCLASSIFIED EXCAVATION (Complete-In-Place) CY 712 $ $ 203 BORROW MATERIAL (Complete-In-Place) CY 537 $ $ 203 MUCK EXCAVATION CY 150 $ $ 206 STRUCTURE BACKFILL(Flow-Fill) CY 8 $ $ 207 TOPSOIL(4"Thick) CY 913 $ $ 208 VEHICLE TRACKING PAD (North) EA 1 $ $ 208 SILT FENCE LF 1151 $ $ 208 EROSION CONTROL LOG(12-INCH) LF 815 $ $ 208 CONCRETE WASHOUT STRUCTURE EA 2 $ $ 208 STABILIZED STAGING AREA(North) SY 870 $ $ 208 STABILIZED STAGING AREA(South) SY 754 $ $ 208 STORM DRAIN INLET PROTECTION (AJI Types) LF 8 $ $ 212 SEEDING(Native) AC 1.75 $ $ 506 6" RIPRAP(Toe Drain)WITH BEDDING CY 175 $ $ 506 18"RIPRAP WITH BEDDING CY 508 $ $ 506 18"SOIL RIPRAP CY 1275 $ $ 506 42"GROUTED BOULDERS SY 500 $ $ 506 42"GROUTED BOULDERS(SALVAGED) SY 500 $ $ 506 GROUT FILL ALONG EXIST.GROUTED BOULDERS CY 17 $ $ 603 18 INCH CMP LF 37 $ $ 605 REPLACE SUBSURFACE DRAIN PIPE(4"ADS N-12 LF 410 $ $ 607 POST AND WIRE FENCE(MATCH EXISTING) LF 400 $ $ 608 CONCRETE BIKEWAY SY 255 $ $ 620 SANITARY FACILITIES EA 1 $ $ 625 CONSTRUCTION SURVEYING AND STAKING LS 1 $ $ 626 MOBILIZATION LS 1 $ $ 630 CONSTRUCTION TRAFFIC SIGN (Panel Size A) EA 4 $ $ 630 TRAFFIC CONES EA 15 $ $ 630 FLAGGING HR 64 $ $ 630 TRAFFIC CONTROL INSPECTION DAY 4 $ $ 630 TRAFFIC CONTROLMANAGEMENT DAY 4 $ $ 650 WATER CONTROL AND DEWATERING DAY 45 $ $ 24.5 EM-BR9.5-25A- Phase 2—Total Bid (Dollars) $ BID NO#XXX-XXXXX Page 12 D. DRAWING REVISIONS The following drawings have been updated for bid addendum one: Sheets 3 of 18, 4 of 18, 10 of 18, and 11 of 18. All of these sheets have been updated with revised existing topography showing the as-built survey from grading that was completed on the north bank in May of 2014. Proposed contours showing the approximate top of boulder elevations for the reconstructed drop structure have also been shown on all of these sheets. Sheet 17 of 18 The Summary of Quantities sheet has been updated to show the revisions made in this addendum. I I MNTCHUNE — SEE RIGHT APPROXIMATE 25 YR sr87 . . I I I ` APPRFLOOO LAI TE 100 YR I / FLOODPLAIN LIMIT SP r .ucPi::: ... ..::J. I — ` - -- - + � - � J- SSA►��r• I I X -- —I-J-- - 4!► '4�e�� C�✓S�I I - _ TEMPORARY l�rIr $ . CONTRACTOR SHALL �\ �� ' CONSTRUCTION ��L�L�L�';i:i: EASEMENT RSSABAS REQUIRED IP AND :�!��'\ �''?:::;;::::` IP1 ! / z./ � I SSA AS TO r;-�' d PROTECT EXISTING MEET SPECIFlCATIONS[.L.- ' _______.‘,6_, _ I iV,� �Yf::..::.:i:.:� LIMITSIOF i I�.�/ TREES itt—�.�/iiiii :"a:. DISTURBANCE I I [CI_ �- ECL ,i/_- z _ v I p� S. � _ ��_ _,_______.___ . 4 • �r)�i s 41 i r LIMITS OF DISTURBANCE I— I: �y!�, ri:. I --i 4 t 1 I-/� — / — _---- m —r ST. VRAIN RIVERj T 4` O m OW� I DC r m I • SSA : : ~ DC I • I ` a1��/ I I TCHLINE 1 ''ICC'LCf7•..,:..::::.: SF y, I I i► ` H - - I _._--- - - -Cr- ________./.-----H.... , 82 Il ��J� — APPROXIMATE LIMITS �E�/ \ /4 / S Li_ -- _� _ I CE — / OF GRWTED BOULDERS ! E �_— �I tC�) /� aa25 .:.. / N I - -— — — Cat ��/ r- ` \ ` Ec� ® ::. ::SSA ..... • . 4131 / / SlLl; CJ. `� \si: / I ECL aszs /j 1::::::::::. :::::::::::: T J / / I \� PROTECT EXISTING !F,,,.f �- / — / .r. }. / / REMOVE EXISTING 15" CMP. :Pr ' \\Vt N---...,...... _ TREE // / / � ' f/� :ai:'i:: 15" CPP - SF \ \.` �- -..__.�__� 1___----------___ ____ _4,__S / TOP OF PIPE=4832.2 \�\ \\\� -�' I r i / / / / t— — —� SF kale 3�"� �, r) ) PROTECT EXISTING ,- J AE29 / - �`F 24• CMP _ I NORTHI / PIPE _ I I �- -PROTECT EXISTING SIGN SEE SHEET 5 DIROECTION - dli •—SF ,�:t �� S FOR LEGEND / / aI �_ AND SOUTHERN ° �s �o SP " ACCESS MAP SCALE 6,-,,F SOUTHERN ACCESS I „ Computer File Information �� WELD COUNTY EM-BR 9.5-25A Project No./Code creation Date: JANUARY2015 Initials: KDB 1[�CO 1\ GESC PLAN INITIAL Last Modified Date: Initials: sn� „ PUBLIC WORKS DEPARTMENT 1111 H.STREET Full Path: Pw\rnoo3WEL352-, BR9_5_125 Drop,Dwg\FINAL SHEET SET ENGINEERING,INC. 1' �: - �` P.O.BOX 758 Designer: KDB Drawing File Name: 03-GESC PLAN 3 Pho.ei3D3i22io 8O2(Fa30 ei3O33(2214O so -- r r,: GRHELEY,ONE: CO97 35632-0758 -4000 Micro Station Ver. N/A Scale: AS NOTED Units: English �c�<''' - PHONE:(970)304-6497 4000 Sheet ec DDE FAX: (970) Sheet Number 3 of 18 9 Subset: Sheet Subset: I MATCHLINfI `$Ec+ IyT+ �. I I .NpR� alga APPROXIMATE 25 YR f y,s�_� • ` �FLGDDPLAIN UNIT I SF Qy�nEg `•`•`•`•+ + `•` 9E®IIdG ULCMING ` �—APPROXIMATE 100 YR ` • • • 4. + FLOODPLAIN LIMIT I I .`.+.`.`+SIVj``,'+ + • _ — __ — __ ST. FENCE '`'x```�`�•' SM —I — + I TIE TO EXIST. II.`�`��'.'. '�'.'. • TEMPORARY • • V � ' ' • • • • ,'C• CONSTRUCTION I INSTALL NEW FENCE TO I EASEMENT • • PRE—FLOOD CONDITION. PROTECT EXISTING I I MATCH EXISTING POST TREES I SM INSTALL NEW FENCE TO AND WIRE FENCE TO THE_ PRE-FLOOD CONDITION. /NORTH. (300 LF) ++h+` ` I I MATCH EXISTING POST 7_,------ C@ n I 4g25 • • AND WIRE FENCE TO THE r + + + + + + ``NORTH. (300 LF) I .„,....J I , , a + . . + + . . . . . / 4822 I nO� - ECL ECL E-LI i ^r ...-tiINGFIdsilt, .... II I I q EC �� i W 7oss'ac) `•``• . rC \\ 1 UNITS OF DISTURBANCE .`. +"+`4 a,a.`.` • LIMITS QF [.� \\ 1\ll\ / \�� I� + + + DISTURBANCE _ ra ST. no RIVER ILL I _ I I I MATCHLIN `t,Sg.tEFI' ` ti, SF I _ I _ / , {h�� APPROXIMATE LIMITS + tL`L _ r OF GROUTED BOULDERS I Et �/ 7C CL � 4az ,`, i / - -I ��/ / SM F� _,----11 Ec ---Cr 5 . . ifl � ` I JI _ _ \`\• ` • > F. \ L /-4820 482 ` SF INSTALL NEW 15" CMP. �\ \ '+ + ECL 4s23 - - 4. 4. 4. 4. 4.`,J�`4. .`. y,j- r , a TTRRETECT EXISTING + • . . . . • • • . . . . • . ..,...- . `-`-+-. .-.-. .-�` +SM++. . . . . ._> < . . . . . . . . . . . . . .` . . . . . // / I .• \ SM` .'.�.+90URH-SIDE-m :�` + .'.'.`�`.`.`.',',+`.`••••••••••••••�. ._ ,I / ,• •, , SM ® , PROTECT EXISTING ' + tEEDING/MI)LCS3Ub++ . • + • • '�+ + +`+„ ++ + :4. EC 24" CMP ,:i.`.`.+4%.+ + . a40.AC).+ . .`.`ter. . .`+ / 15" CPP_ REMOVE EXISTING 15" CMP. ` \ 4. +++ `. - 4g `+�. .`+ +` TOP OF PIPE=4832.2 .4..4. + �!•+� ` `+ / 4. SM `+�+ • a` . . ` .s SF ;,, / I • INSTALL NEW FENCE To o'.' .4,-4 •' ++ SEE SHEET 5 FOR LEGEND / PRE-FLOOD CONDITION. ```+`�++ -t + , `.` AND SOUTHERN ACCESS MAP. / MATCH EXISTING POST\� `• + Y+` / AND WIRE FENCE TO THE �` a + - + a 4 ...........• + ` tr. / SEE SHEET 16 FOR SEED MIX INORTH / PIPE7 SOUTH. (loo LF) '° — = + SM ` •```` DIROECTION +'+' ' • - ' ' ' / I .`'' ` - '_ PROTECT EXISTING SIGN o m25 50 / r X I 1 SF SCALE' ' SOUTHERN ACCESS I I � Computer File Information �� WELD COUNTY EM-BR 9.5-25A Project No./Code Lasaticn tMoiied JANUARY 2015 Initials: KDB ��(C(O� 1\ GESC PLAN POST PROJECT last Modified Gate: Initials: sn� „ PUBLIC WORKS DEPARTMENT 1111 H.STREET Full Path: Raw„nnn3weLa5s-, BR9_5_R5 Drop,nwg,ciNALSHEET SET ENGINEERING,INC. t T) r: - p. .. P.O.BOX 758 Designer: EDD e Dr p GREELEY,CO 80632-0758 Drawing File Name: 04-GESC PLAN-POST 3 Pho.a(3o0)zz,0802,3ax(303)221+o r� • - - PHONE:(970)356-4000 Detwiler: DDB L. Y FAX: (970)304-6497 Sheet Number 4 of 18 Micro Staten Ver. N/A Scale: AS NOTED Units: English Sheet Subset: Sheet Subset: I 41 I \ --- ' \---TT -- -i I I E e4,5a F +aa.ao \ %kAPPROXIMATE 25 YR �� , I" I I \ \ APPROXIMATE 100 YR �FLOODPLAIN LIMIT ----_- INLET CP \ FLOODPLAIN LIMIT FL 4840.0 FL 3.. L1--- ----------� r—� ,_ / I PROTECT EXISTING UTILITIES IN i I CONSTRUCTION AREA.000RDINATE -- rI /! ANAL UTILITY LOCATION WITH I I I'I �'" UTILITY OWNER PROTECT EXISTING I MN �-- I TREES RIM�4840.8� I i INV (E) 483'.5 15' PCP I TEMPORARY I _� - CONSTRUCTION . '_" �\` _ 1 e EASEMENT I /.. I CONTRACTOR SHALL REMOVE • —.. I I I AND RECONSTRUCT EXISTING .1 f•-- - —� / I I _ GROUTED BOULDERS. I I SOUTHERN LIMITS TO BE \\\ I I DETERMINED AFTERs. — �/y�coaa*r 0 p DEWATERING`\ SHEET..---J I I I I �c✓s�l ST. VRAIN RIVER / I `\ I I a _ I `LIMITS OF DISTURBANCE • • r ola � . I I ——— / c `LIMITS OF I .. —i—- RECONSTRUCTION n / I — I I O I 0 \ --t-------s% 18" RIPRAP WITH BEDDING I i--- —-- - \ . 6' WIDE X 3' DEEP X I I i__ �i .9 COLUMNS (TYP.) I I II ..• �'•• \ 19 CY/COLUMN O 0 �-—.— \ \i' .. ----------<-<:::::1\t. �� -- r APPROXIMATE OATS I I J —— OF BOULDERS EXISTING GROUTED I I / .....\----- \ -- 4825 ' // / / \—4.. ____ /I _ \z� /y ( ��--�4az ! 18` SOIL RIPRAP \\�S \ \ (1275 CY) � I \ PROTECT EXISTING --- /BEGIN TRAIL REPLACEMENT I \ ��\ I TREES AS2 / / MATCH EXISTING. I \ \ I -� ! 5, \ // / / o �" \• .1!'' CMP �� `� �� Fi EXCAVATION AND EMBANKMENT - 712 CY / / T.IP PIPEN4 2 PROTECT EXISTING 7.__.--___ \ /\ BARROW MATERIAL FOR EMBANKMENT 537 CY \\ 4' DRAINAGE PIPE ' � \ }' IMPORTED TOPSOIL -913 CY J / INSTALL 15' CMP. '.r \ \ , \ \ I i \ INSTALL CURTAIN WALL ALONG I --- TIT PIPE iai. \ / SOUTH ABUTMENT (8 CY) � I REMOVE EXISTING i INSTALL NEW CONCRETE TRAIL �.� (SEE SOUTH ABUTMENT SEE SHEET 1a` \ N` --_ TREE 4828 / PROTECTION DETAIL SHEET 15) I _ �� I� \f---___--------C -- / / / e Q _ _ 528 \ � PUMP GROUT INTO UNDERMINED AREAS ALONG / / LIMITS OF DISTURBANCE / �+. I 'y " EDGE OF EXISTING GROUTED BOULDERS PRIOR �_'`�� --- -- ------><TO BACKFILLING (17 CY) / / / -Iy ,- - - ��.- �� g829 / ,� END TRAIL REPLACEMENTS I/ / IMATCH EXISTING. - - NORTH A '' �- I-- i / I _,--2:=-; I 0 25 50 L _ APPROXIMATE LOCATION OF GAS UNE. . - t / CONTRACTOR SHALL POTHOLE UNE TO I DETERMINE ACTUAL LOCATION PRIOR TO SOUTHERN ACCESS SCALE:1=50' / I CONSTRUCTION IN AREA OF UNE SEE SHEET 5 x Computer File Information WELD COUNTY EM-BR 9.5-25A Project No./Code Creation Date: JANUARY2015 Initials: KDB 1[ Last Modified Date: Initials: ■l _,sn�_:; PUBLIC WORKS DEPARTMENT PLAN 1111 H.STREET Full Path: Rw„4003WEL352-, BR9_5_R5 Dropmw9,EINAL SHEET SET ENGINEERING,INC. t T1 �+ - p. . P.O.BOX 758 Designer: RDD brewing File Name: macaw 3 P(o.a,3D3i22;oaoz,3,,i3o3i22i4o 80 '3 r �,: G ,CO 80632-0758 Micro Station Ver. N/A Scale: AS NOTED Units: English 05L.<'7'' - AX: 970)3(970) 1-497 Sheet ec DDB FAX: (970)304-6497 Sheet Number 10 of 18 9 Subset: Sheet Subset: � y ' REMOVE EXISTING GROUTED RIPRAP " p UI IllVr -P ""KS " _ ALONG SHEET PILING FOR INSTALLATION — N=1307381.ob — — OF GROUTED BOULDERS F=314642 03 / \ EXISTING SHEET PILE I CONNECT GROUTED BOULDERS '� CUTOFF WALL TO EXISTING SHEET PILING. / ---------- / \ (SEE DETAIL SHEET 16) .L‘ r,...wt t • • I / L1Th1 \ Ii I i I I P I / I It I 1 I ---�-� �• �' C r 1 / 1 ` 4820 `GROUTED BOULDER \ \ 1 I' 7 // 1 ' • Vy�,�,\ RECONSTRUCTION \ 1 J APPROXIMATE LIMITS I 481 g I I (1000 sr) I / OF GROUTED BOULDER RECONSTRUCTION / \ _�j �) / TEMPORARY // 48th Iry N (' EASEMENT / TION I \ _/. 4817 I I f APPROXIMATEI LIMITS • OF EXISTING GROUTED 4816 F BOULDERS / i\ / .,//� / PROPOSED CONTOURS AT TOP OF ) ,I)) \ \ REPLACE SUBSURFACE DRAIN AS BOULDERS. ADJUST IN FIELD AS I /�/ L ! I / / t ' REQUIRED. TIE INTO EXISTING REQUIRED TO TIE TO EXISTING. / I ,) i I UNDAMAGED SUBSURFACE DRAIN 1 (410 LF) (SEE DETAIL SHEET 16) ' I 1 \ -F- / LIMITS OF DISTURBANCE CO ii RECONSTRUCT TOE DRAIN AS REQUIRED • \ N (337 CY) (SEE DETAIL SHEET 16) I \,I CP 1 N ✓ \ _ _ _ _ WELD COUNTY ,iii I , I 1 I ! / /)In HT 1 \ \ \• . ‘.... ) Computer File Information WELD COUNTY EM-BR 9.5-25A Project No./Code Creation Dale: JANUARY2015 Initials: KDB ICON _ • GROUTED DROP DETAIL •Last Modified Dale Initials: _ ,_yr,i PUBLIC WORKS DEPARTMENT CIS LLN I� 1111 H.STREET Full Path' c,PO4a13@E052 BRE 5 125 omP‘owp TI\AL SHEET SET LI GIHEE \II IC], I IC �f p. P.O.BOX 06 Designer: Drawing File Name: ii ceoureo PROP • GREELEY.CO 80632-0758 go� ',p`-� '� PHONE.(970)356-0000 Delailec Micro Station Ver: N/A Scale. AS NOTED Units. English _ WE(970)904-0487 Sheet Subset: Sheet Subset: Sheet Number 11 of 18 ITEM ITEM DESCRIPTION UNIT BID QUANTITY NO. 202 REMOVAL OF DEBRIS TN 50 203 UNCLASSIFIED EXCAVATION (Complete-In-Place) CY 712 203 BORROW MATERIAL(Complete-In-Place) CY 537 203 MUCK EXCAVATION CY 150 206 STRUCTURE BACKFILL(Flow-Fill) CY 8 207 TOPSOIL(4"Thick) CY 913 208 VEHICLE TRACKING PAD(North) EA 1 208 SILT FENCE LF 1151 208 EROSION CONTROL LOG (12-INCH) LF 815 208 CONCRETE WASHOUT STRUCTURE EA 2 208 STABILIZED STAGING AREA(North) SY 870 208 STABILIZED STAGING AREA(South) SY 754 208 STORM DRAIN INLET PROTECTION (All Types) LF 8 212 SEEDING (Native) AC 1.75 506 6" RIPRAP(Toe Drain)WITH BEDDING CY 175 506 18"RIPRAP WITH BEDDING CY 508 506 18"SOIL RIPRAP CY 1275 506 42"GROUTED BOULDERS SY 500 506 42"GROUTED BOULDERS(SALVAGED) SY 500 506 GROUT FILL ALONG EXISTING GROUTED BOULDERS CY 17 603 18 INCH CMP LF 37 605 REPLACE SUBSURFACE DRAIN PIPE (4"ADS N-12) LF 410 607 POST AND WIRE FENCE(MATCH EXISTING) LF 400 608 CONCRETE BIKEWAY SY 255 620 SANITARY FACILITIES EA 1 625 CONSTRUCTION SURVEYING AND STAKING LS 1 626 MOBILIZATION LS 1 630 CONSTRUCTION TRAFFIC SIGN (Panel Size A) EA 4 630 TRAFFIC CONES EA 15 630 FLAGGING HR 64 630 TRAFFIC CONTROL INSPECTION DAY 4 630 TRAFFIC CONTROLMANAGEMENT DAY 4 650 WATER CONTROL AND DEWATERING DAY 45 700 F/A MINOR CONTRACT ADJUSTMENTS F/A 1 Computer File Information WELD COUNTY EM—BR 9.5-25A Project No./Code creation Date: JANUARY 2015 Initials: KDB Last Modified Date: Initials: ICON ,ga�_.._ SUMMARY OF QUANTITIES PUBLIC WORKS DEWWIMENT Full Path: PAP\14003WEL352-1 BR95125 Drop\Dw\FINAL SHEET SET t i,i = % 1111H SIREEr 9 ENGINEERING,INC. 1 1 PO BOX 759 Designer: K DE ; : GREELEY,GO 896320758 Drawing File Name: 19-SUMMARY OF QUANTITIES a 303enem e r PrErEi 70135640]0 o"lxxto'eov F".t7oalzame T- - FAx. 1�o�sws47 Detailer: DDB co Sheel Number 17 of 18 Micro Station Vac. Ma Scale: AS NOTED Units: English Sheet Subset: Subset Sheets: E. PRE-BID MEETING MINUTES x,1861_ 24.5 T Project Name: EM-BR9.5-25A— Phase 2 Bid Request No: B1500059 Bid Date: March 4, 2015, 10:00 am GOUNTY INTRODUCTION AND ATTENDANCE ROSTER Introductions — See attached attendance roster DESCRIPTION OF PROJECT The project in general consists of permanent repairs at BR9.5-24.5A damaged in the 2013 flood. The project will consist of riprap removal and replacement, concrete trail replacement, abutment and pier protection, weep drains, dewatering, and river bank reconstruction. This project is a federal aid project and requires Davis-Bacon minimum wage rates and EEO compliance.. Property on the north side of the St Vrain River is private and the County has acquired a temporary construction easement for the work. Property to the south of the St Vrain is owned by the County and the Count is allowing access for the work. PROJECT ENGINEER Design plans were completed by ICON Engineering, Inc. Construction inspection is being provided by ICON Engineering, Inc. Project management and administration is being provided by Weld County staff. BIDDING REQUIREMENTS Instructions and forms are included in the bid documents including; bid form, bid signature page, bid bond, taxpayer identification, statement of qualifications, civil rights certification, equal employment opportunity certification, non-collusion affidavit, and Section 3 certifications. Bidders follow the e-mail or fax bid instructions described in the Invitation for Bids. CONTRACT TIME & LIQUIDATED DAMAGES All work shall be completed within 90 calendar days of the Notice to Proceed. Our estimated contract award date is March 10, 2015 and our estimated notice to proceed is March 23, 2014. The project time will start with the notice to proceed. Liquidated damages are according to CDOT Standard Specifications, section 108.08. Repairs to the grouted boulder drop structure will be the first portion of the project to be started. Work on the drop structure has to be complete prior to the spring runoff. The County will work with the Contractor during this period if high flows along the St Vrain River prevent the Contractor from working in the River bottom. The Contractor shall make every effort to continue the work along the river bottom as soon as possible. PROJECT SUBMITTAL BY CONTRACTOR 1) Traffic Control Plans 2) Right of Way Permits— Contact Amy Joseph at 970-304-6496 3) Stormwater Discharge Permits for disturbances of greater than 1 acre 4) Construction Schedule 5) Imported aggregates and soils testing data 6) Signing and striping materials data and certifications 7) CDOT forms, subcontracts, and certified payrolls 8) Others as requested by the Project Inspectors COORDINATION & PROTECTION OF EXISTING UTILITIES The Contractor shall be responsible for protection of existing utilities and improvements. There are existing utilities that run through the work area, and the Contractor is responsible for coordinating the all affected utility companies the locate and protect these utilities during construction. PROJECT PLANS AND SPECIAL PROVISIONS— CRITICAL ITEMS ❑ Table of contents: describes which forms are required for a complete bid submittal, and which forms are required prior to contract award. Bid schedule: fill out all 3 columns, unit price (written), unit price (numbers), and total price (numbers). Fill out receipt of addenda section, and signature section on page 12. n Davis Bacon minimum wage rates: certified weekly payrolls must be completed in a timely and accurate manner or progress payments may be withheld by County. ❑ Temporary construction easements have been obtained for the project BID OPENING March 4, 2015 at 10 A.M. (Weld County Purchasing Department) QUESTIONS/ANSWERS See Section A above. WELD COUNTY - MEETING ATTENDANCE - SHEET 1 EM-BR9.5-24.5A Permanent Purpose Pre-Bid Meeting - Project Repairs Phase 2 Date. February 18. 2015 Time 10 AM Place: Public Works Building COMPANY AND PHONE NUMBER AND NAME MAILING ADDRESS E-MAIL Weld County Public Works i 304-6496. ext 3741 Clay Kimmi, Senior Engineer P.O. Box 758 Greeley. CO 80632 ckimmi@co.weld.co us L, t li i-.l. iIAcI,. .1. L,'> `17 -L /7 -17 LQ�,.PI 1�It,eme), ICC .;f e/y (i, Ikt1�.k CC e._Ili llfku-.ik, l. : :t-_!r( t,,,_f, ,. ..t A,*) 1:- hi ;;1 1/4:; il - _ 1 ��i_r&) r1 [ /.., , i1 IJL'jc\_4 i<_(, t ) ,.b,_j (qv,� w LAM MIEZEZI5E5 INC. _ °I70. 53). S7610 Wan S"Yac eir In,_J c 14, isttmov4 90513:elylan Iducftrprses int.cowl Le. /-Agitel txcaui t',,s _ . 363- 5812-03aS U I, '7 [ 375tfLltrel44 (A),Well di- W(6 Gide A4'1-11an.Ieacc.LaKn . f_Ir, ,-/lit,,,,--. 7_,,,-,,n( -4,,, ,i. -,,,(« �1 � c : c': l)J G:c A c k\ �j l c Y tit°.,, d r, ctrl Se/ J 21 �(se-ei /$7 .,,(„ r FP-�.H g)14<n r.. .. ir .. r, l " , ail ain. co - ev , A- 9Xt) C �' 57 - 3_ V� '� � f� .it Si)._0 V c (j f ny%%t— C]KQNt,-�_1j4,�t. //k - r t. cctn.,<i2V r c 1h ti A+ LA::b l i c, i t-L_ - i A-S) v.)* wc,5 /0ALTh, .l; v,1 ._�)"a 14 .2 V S! ✓;tG- ; C.46, ti //ilci-,r1K,k5c2vc;l:J /rri;vt4(c,(0M C 7] 7?5 -/S e'/ � A i'1 49(/ , / S 5(cG /.4cvi/ rr r,< p1/i,; 0, 1: 9r' 7A/)- 5 Me/e-fit CA6/1..( c,y) WELD COUNTY - MEETING ATTENDANCE - SHEET 2 EM-BR9.5-24.5A Permanent Purpose Pre-Bid Meeting Project Repairs Phase 2 Date. February 18. 2015 Time: 10 AM Place. Public Works Building NAME COMPANY AND PHONE NUMBER AND MAILING ADDRESS — - _ E-MAIL lay v t e I�U nn Z I�I pC u,cXU n�am1 �aM 5l'oc k) i , /70 > S') �, lG / y - _ cIC'S 11Ir� elo.Ib , 6 } S � )Pe L°� l� C:4!$1��'L Id� � C. 71 T[.nt tc'czek.s f ruc, a- L.'ESL rest • r4 �(icC� l�G 3�� t (may,ZE2144j /; 2D 3Y6 g 3'3 �Ny DECAL-co f ALCO CNsTuc-frotf 303-651-//6' �O I X 8ZCJ LoNeimoNir CO B0S)Z TREUTe�`FAL.coco,+s7eucr,o,J.cOr+'1 \ �k L �it +1 Foy fxX 'f..4s.LL Mi,E..ccC Lk- ,�"4J`� -1t e4 , , 1IiC 4c act Ty Cow- _ • - C - 24.5 BID SCHEDULE: EM-BR9.5-25A-PHASE 2 202 REMOVAL OF DEBRIS TN 50 FilRR Gxlbl6n One onl $ 56.01 $ 2800.50 203 UNCLASSIFIED EXCAVATION(Complete-In-Place) CY 712 "'•Huns'—"I'"^" $ 5.79 $ 4122.48 203 BORROW MATERIAL(Complete-In-Place) CY 537 r'"""MI=41," " $ 26.44 $ 14198.28 203 MUCK EXCAVATION CY 150 n.n Min Tdn l..(S. $ 30.59 $ 4588.50 206 STRUCTURE BACKFILL(Flow-Fill) CY 8 S" "' '""Tweet) WanEn" $ 824.44 $ 6595.52 207 TOPSOIL(4"Thick) CY 913 ^'n Sim Dalian'"'"'Gnu $ 37.19 $ 33954.47 208 VEHICLE TRACKING PAD(North) EA 1 m%nod s..Wi.d sun.Manion,w" $ 1716.40 $ 1716.40 208 SILT FENCE LF 1151 Ow Odin B,,.i." $ 1-11 $ 1277.61 208 EROSION CONTROL LOG(12-INCH) LF 815 T..Ha"hen reu." $ 2.88 $ 2347.20 208 CONCRETE WASHOUT STRUCTURE EA 2 s,u.md Mpm 411 Man b.rats $ 688.09 $ 1376.18 208 STABILIZED STAGING AREA(North) SY 870 s,Ma,Tat.on" $ 6.12 $ 5324.40 208 STABILIZED STAGING AREA(South) SY 754 F"Who Iwo(pas $ 7.02 $ 5293.08 208 STORM DRAIN INLET PROTECTION(NI Types) LF 8 n"n two M Man Omit(nil $ 22.11 $ 176.88 212 SEEDING(Native) AC 1.75 H.nomad s.limbed Ltd.Man Ilan Po.(WI $ 4612.35 $ 8071.61 506 6"RIPRAP(Toe Drain)WITH BEDDING CY 175 Egan Tim Pollan Sail smS $ 83.66 $ 14640.50 506 18"RIPRAP WITH BEDDING CY 508 s."ns.w.MW.m.."." $ 77.16 $ 39197.28 506 18"SOIL RIPRAP CY 1275 T.9 FielHMnwu T..r." $ 48.64 $ 62016.00 506 42"GROUTED BOULDERS SY 500 mn.d.d NW Ith SMII frt.m T� $ 177.01 $ 88505.00 506 42"GROUTED BOULDERS(SALVAGED) SY 500 tali fne Bo°"'kg!M'T"" $ 45.61 $ 22805.00 506 GROUT FILL ALONG EXIST.GROUTED BOULDERS CY 17 Two BMA nm(WNW s....nfrail $ 231.70 $ 3938.90 603 18 INCH CMP LF 37 Tn"s.Man an o." $ 56.50 $ 2090.50 605 REPLACE SUBSURFACE DRAIN PIPE(4"ADS N-12 LF 410 Hr Min y".o H.m" $ 4.74 $ 1943.40 607 POST AND WIRE FENCE(MATCH EXISTING) LF 400 F,piMm.T.nn s." $ 8.20 $ 3280.00 608 CONCRETE BIKEWAY SY 255 Edit five Dollars Math Oat Ink $ 55.91 $ 14 Z AO 620 SANITARY FACILITIES EA 1 M.,Mm"d nth m Min mw.Wit $ 441.19 $ 441.19 625 CONSTRUCTION SURVEYING AND STAKING LS 1 TMe Timpani hit!floe MM••TR .h $ 3953.04 $ 3953.04 626 MOBILIZATION LS 1 Suttee T'on"d bo''WS s.".n No mwn Flit Tie n" $ 16874.55 $ 16874.55 630 CONSTRUCTION TRAFFIC SIGN(Panel Size A) EA 4 n"'Too Md""'"Foot Ink $ 32.94 $ 131.76 630 TRAFFIC CONES EA 15 s`"Mtn 1`Wit $ 7.06 $ 105.90 630 FLAGGING HR 64 T•enH!\r Man loth Ott l"" $ 29.41 $ 1882.24 630 TRAFFIC CONTROL INSPECTION DAY 4 Om 111•4114 Smith u.Haan NO'sent' $ 176.48 $ 705.92 630 TRAFFIC CONTROLMANAGEMENT DAY 4 s".Wi.d Sat!Far Man Smog Tin r." $ 764.73 $ 3058.92 650 WATER CONTROL AND DEWATERING DAY 45 Ow TH...d T.Wind t...n M.Man m.n m w" $ 1221.91 $ 54985.95 24.5 426,656.21 EM-BR9.5-25A- Phase 2—Total Bid (Dollars)$ BID NO#XXX-XXXXX Page 12 • NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance Testing • Construction Inspection RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitatio for Bids Drawings, Specifications and other Contract Documents. Ng Addendum No. t Date: Z 12-Mit- 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 Bid for Request No. #BI500059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein(including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid( ) may be awarded to more than one vendor. 1---4,(A1---4,(AFIR1---4,(A Gil ll ---, :l C_, BYts (Please print) BUSINESS //,, -) \ -ti.... ADDRESS�L. , b1 \k l y /� a ,DATEj-- \1---k\\� CITY, STATE, ZIP CODE t�1P 4 \V1 VA, l O ZC.�` > -Ad I'/ 1 TELEPHONE N - t V r?�i1'.�1 cm(c FA��1y TAX ID# !AI--+ 5 1 l� -A SIGNATURE C---"Th_ 0. E-MAIL M\YO4\211 6 I PK ' rL?n lnC,LOA" WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -10. BID NO#B1500059 Page 12 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#B1500059 Page 14 Fan, W-9 Request for Taxpayer Give Font.to en elev.Memel 2013) RaYeeter.Do not s nwahrenlolll.,reasay Identification Number and Certification send tote PA. Inland Remise Sense Name(as Sawn m yak income Mt Felten) hi Runes rwrrrNaregaded add r .i deflated tom tires M even \-11\(--- a pws:k aivwrrale lax W latex loxdrancalka Lxempbars pee lmeuaan): ❑bemdmjVade aaxeta HI C Capaaem ❑s Gowaabm _J PNM4151 4 I I Tent/estate I (seen Pram aide at owl [ I I noted totality camaan.Flea the Ira daavYati n r,x.arpaalxn.S-S ow wiaan,P-aaarslap). txeepem horn I AICA levering cola N amyl fo nOther(sea aancawale Adana,lumbar.street aN yI elc he.l Requester's line rd address IweraUa �� mote e City,stale and 7Ih note g - -(=>r'k Dn CO $Cf313 list arrant naawe(s)twee(R ravel ® Taxpayer Identification Number(TIN) Enter your TIN in the appronder box.The TN provided must match the name given on the"Name"line I&saki leorris%maveng I to avoid backup witMddmg.For individuals,this Is your social society number(SSN).However.for a resident alien sde rampager,a disregarded entity,see to Part I Insbuctae on page 3.For other - entaes,t is you employer identification number(EIN).II you do not have a number,sae How to get e TIN on page 3 Note.II the account as in more than ore name,see the then on page 4 for guidelines on whose l Employ1er identification nuriber number t0 enter. Li _ w l�`✓W 4 Part II Certification /�\ Under penalties of per uy.I tatty that'. I The number Sherri on this Ism is my correct taxpayer ldenmlcatlon ralrltba,(or I an waiting fore ntanber to be issued io ma).and 2 lain not subject to bedwp wtMddn9 because'(al I em exempt flan bedap wtlriddng,a(b)I have not been ratified by the Internal Revenue Seneca(IRS)that I am subject to badctp withholding as a result of a talkie to report all interest or dividends.or(c)the IRS has notified me that I am no longer stt(ect to backup withholding.and 3 I an a U.S.citizen or other V.S.person(Fanned below).and 4 The FATCA code(s)entered 0n this lam yf any)ndicitng that I an exempt from FATCA repotting is correct. Cenlllaton Instructions.You must roes out Item 2 above it you hen been notified by the IRS that you we currently Subilict to backup wlthholang because you have failed to report all lntelest and di Wane on yaw tax rattan.For real estate transactions,ten 2 does not apply For M0410111)44Ce� Interest peed.acquisition or snored abandonment ot property.can &tan d debt.catributi ns to an nONdua retirement arrangement(IRA).and generally,payments other tan interest dvldende.YOU are n iced to sign as cemfiation.but you must provide yds Cana TIN.Simi the tatucbae on page 3. sere Samson at Iyf//l S— Here Sa son of Wa. General Ions waiwidi g tax m kaarm pa.inw !& rEI vely taaneded manna.and Shim Mar are to the Interred Revenue Cale vim otwnmae mend. 4.Crabty that FATCA cakh(n fathead m this lam 01°10 nnlrava tint you air. . raept San the FATCA repalmg,is ccaren. FWoe deaalapmana.Ilw IRS les acatxd a lotto on ai5.gw as nlumaatar Ns.s you ale a U.S.pawatd a ragaslr unto you a lam oars arm F am about lam W t,al wwwxa.govlwa.bdamaxal about sly Weir drvdoptwea W-9 twecuiet your TN.you mtal ma the rarlmen is Ian,rt It a attrsluarly meeting I am W El(such es rdwaeon tatted after we release It)wit be posted molds:to ens lam W 9 or Pei Vega. betdaen el e U.S.person Fos WdetS tax WI SSW:,you se considered a U.S. Purpose of Form pram t You ere: A parson win a neared lore,an adarmma,ratan with ten n6 moan olden yea •Mnbnhal wnmaUb Obzenn U.S.resident Ann. rail lageyel xhthheatrnrnne.n(Rio hi Input l.fill exeh{ie.etcoow pad to •ApaUaealy.aaporebal.companly,is axa:utwh sealed a a spewed is Die you.peymenb made to you in settlement of payment card and god pasty network tlMud Sistn or eider lie lows of Vas lMINI Stamm. tranadwn.teal estate bansacbons.mortgage interest yam paid.acquatan a •M talatm ludic(tan a Mango eAald.or abandonment a mauled property.cnwatabm of debt,a coratttmbo m you made •A domestic (as defined in Regulations m sect 301.7701.1). la an nA Ilse form W 9 this,d voal vet'a U.6 person(urendaltl a raisin alma,lo Special rules for praerahpe.Patnrsisa mw conduct a trade a btsmes to ',inside your careful IIN to the person regmeay d an to aeste4 arid.yawn en United Staler ate tonevaty reamed to pay a vault eMng lax Linda maim applicable.to 1446 on any Inupl patina'dame of electively connear l taxable uwaane Man I.Cue*Mal Ow TN Vaal tie rN waling Ira a'WA," such bmemess,t mere,m cerlan cases where a 1 am W 4l h as non bean received. by gang m rxa es viii Mta the rules moor section 1446 raisers a patwdMp to presume thin a partner is a kh It bama4). Ia ergo pram,awl pay Ste aerbm 1446 en tusking tar.Theahse.t yap an,a 7.Canby that Yap air we rata-4410 baaup witatol aft.a It•4.iwgm'hill is a parkin at a prbaredep cadmning a bails it bane=n the J.blare exanptim Kan lrac104 vaetiddap it yam re a U.S.exempt payee.M United Stales.provide 1 am W 910 the partrwahp to calabash you U.S.Jaen yiev9.lr.you are alsommlytg that mat a U S.person.yon tamable Siam a and awed ahem 1446 wdenddrp on your shad a partnership ncome. Sly palrmly imanre 1 a a US NUe a buarama a not mined to the cal.Fk,.102391 Foot W-9 Pm a 9013) BID NO#B1500059 Page 15 STATEMENT OF QUALIFICATIONS AND'SUBCONTRACTORS DATE OF THIS STATEMENT: 1 \Q��l V\ 4 !�`` All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable,responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (� (Company or Firm): 1 v\ --nke - 1� 2. Permanent main office address: �y \} rite\ M US 5 3« Phone Number: cv7k0 Fax Number: _`` v d— 53 tX 3. Year Company was organized: l`�n 4. Number of years this Company has been engaged similar construction: �, INS Under what firm,company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? via. \G"1LC 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: CANON 1: k $ ' ( z-S L1/4 .—rte 3zo C RA\(ti\u,dslA zL t\\ $ �z,q . 3v 312Or) $ 6. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 0 Ir* 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. n „ „ 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. rf n BID NO#B1500059 Page 16 9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. Ir\eft 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three(3)of the most recent project,similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name,location,project superintendent,owner's representative and (i phone number, ‘I19 umber, date completed and contract amount for each project. • Project Name: a'\ V AkOt k,1 � 4" Location: Lny\A tik CO Supt: X31 Kb Owners Representative: f- \ O1 p raft Phone:3(5}) 1a Completion Date: rd Za\� I Contract Amount: 59(p1' LA.ck Project Name: C.Vetk TIAtl[lSn LU,kux , Location: A,kaQ,Y CCU Supt: NQ/'1 Ytt��E��2 Owner's Representative: 1 (�G1U � 441Pr Phone: 3 }1 3:Q3 Completion Date: 1e-h Contract Amount: CiWi n BID NO#B1500059 Page 17 Project Name: kWh o4 I Location: LI'tA. �� ,( 11 Supt: TcbukilY Owner's Representative: \t c. CQ1`\i,\A•e ,< Phone:-,zyY 1 k I Completion Date: N\Q((v\ �� Contract Amount: 41\ 1 hZ 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED,THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15%OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION °A)OF WORK Noel Thk yic C t-creA L —t"F,r (ON-rk oL s O 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. r N n 1 NAME TITLE YRS. EXP e nit T1'N MQQ .nom P zti Dian Scat a_r k-- r • w is (fit- 16. List all lawsuits previously filed against or currently pending against you,the Company or any officers of the Company. BID NO 0 B1500059 Page 18 . The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company,firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of l 1�I\oOrt�y'p\ , Q , 2015. 11/19SI . Bidder: L �1\ E1\4e y1 S -IX` Compan By. I' Signature Name: SA. c> 5 (Please Type) Title: NOTARY County of LOX1 ni-et I I ss. State of I0 1OYO`Cto1- _ (,LS 13'd ) being duly sworn, deposes and says that he is ?re.3 1 SP + of 1 1 f6-4--e- T" (Title) 1.- A ` 64'� in In5 , JJ1C • , and that the answers to the foregoing questions and all (Company Name) I statements therein contained are true and correct. Subscribed and sworn before me this 4 day of YYlafar) , 2015. DONNA BRADSHAW NOTARY PUBLIC ($n)OF COLORADO NOTARY ID 20104035960 COMMISSION EXPIRES JAN.06,2019 of-o5- a o IA Commission Expires Notary Public BID NO#B1500059 Page 19 SECTION 3 RESIDENT CERTIFICATION 24.5 Project Name: PROJECT: EM-BR9.5-25A—PHASE 2 Contract Number: To be assigned by DOLA at a later date. I qualify as a Section 3 resident because: ❑ I reside within the and County and my income is under 80%of area median income according to the income scale provided. O I am NOT a Section 3 Resident. L&M Enterprises,Inc. Company Name(print) Employee Name(prim Justus Bebe Signature s�t9�l Date )3 1C-'S Weld County 80%of Median Inc me by Family Size(Income Limits available at HUD.GOV: ❑tt `wtivw nude er.orglgortareataselshl/i:20t3tseiect Geography odr) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate County Income BID NO#61500059 Page 73 CERTIFICATIONS CIVIL RIGHTS 24.5 PROJECT: EM-BR9.5-25A—PHASE 2 The undersigned is fully aware that this contract is wholly or partially federally funded,and further,agrees to abide by the: Civil Rights Act of 1964,Title VI,as amended,that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation,denied program benefits, or subjected to discrimination. And,Civil Rights Act of 1968,Title VIII,as amended,will not discriminate in housing on the basis of Race,Color, Religion, Sex,or National Origin. And,Rehabilitation Act of 1973,Section 504,as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment,denied program benefits,subjected to discrimination under any program receiving federal funds; And,Housing and Community Development Act of 1974,Section 109,as amended,that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race,Color,National Origin, Sex,Age,and Handicap under any program or activity funded in whole or part under Title I(CDBG)of the Act. And,Age Discrimination Act of 1975,as amended,that no person shall be excluded from participation,denied program benefits,or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And,Americans with Disabilities Act of 1990, as amended,that there shall be no employment discrimination against"qualified individuals with disabilities." And,Executive Order 11063,that no person shall,on the basis of race,color,religion,sex,or national origin,be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of$10,000. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract,the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed,sex,color,national origin,familial status,religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE,state that all qualified applicants will receive consideration for employment without regard to race, creed, sex,color, national origin, familial status, religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. BID NO#B1500059 Page 63 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by the rules, regulations and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his/her books,records,and accounts by the GRANTEE'S Department of Housing and/or Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR'S non-compliance with any provision of this contract or with any of such rules,regulations or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12(a)through(f)in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provision will be binding upon each subcontractor or vendor.The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE'S Department of Housing and/or Community Development may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503(if contract$25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations,or orders of the Secretary issued pursuant to Section 503 of the Act,so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase BID NO k B1500059 Page 64 order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies,to the best of his or her knowledge and belief that: 1. The individual,sole proprietor,partnership,corporation,and/or association agrees to permit the County of Weld, State of Colorado Department of Local Affairs(DOLA),U.S.Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the"official State of Colorado Department of Local Affairs(DOLA)"Closeout"date of the grant or the resolution of all audit findings,whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded,and further,by submission of the bid or proposal that the individual or firm certifies that: 1. There is no substantial interest, as defined by Colorado Statutes, with any public official,employee,agency, commission,or committee with Weld County or DOLA. 2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee, agency, commission,or committee(including members of their immediate family)with Weld County that develops at any time during this contract will be immediately disclosed to Weld County and DOLA. ANTI-LOBBYING CERTIFICATION The undersigned certifies, to the best of his or her knowledge and belief that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any federal contract,grant,loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. BID NO#B1500059 Page 65 CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications(Civil Rights, Equal Employment Opportunity,Affirmative Action for Handicapped Workers-Section 503,Access to Records and Records Retention,Conflict of Interest,Lobbying)are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U. S.Code. Justus Bebo (typed name of official) signature o o ial BID NO#B1500059 Page 68 CONTRACTORfSUBCONTRACTOR CERTIFICATIONS 24.5 PROJECT: EM-BR9.5-2SA—PHASE 2 Grantee must require that prospective bidders complete and incorporate the following certifications as part of their bid submittal package. EQUAL EMPLOYMENT OPPORTUNITY-EXECUTIVE ORDER 11246 SECTION 3& SEGREGATED FACILITIES CERTIFICATION NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR BID NO#81500059 Page 67 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY 24.5 PROJECT: EM-BR9.5-251-PHASE 2 INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F.R. 12319-25).The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause;and,if so,whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such a report is submitted. CERTIFICATION BY BIDDER L&M Enterprises,Inc.PO Box W,Berthoud,CO 80513 NAME AND ADDRESS OF BIDDER(Include ZIP Code) 1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be completed in connection with such contract or subcontract. Yes No 3. Bidder has filled all compliance reports due under applicable instructions. x Yes No 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended. Yes x No Justus Bebo.President NAME AND TITLE OF SIGNER PI ase type) SIGNATURE DATE BID NO#81500059 Page 68 CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES 24.5 PROJECT: EM-BR9.5-25A—PHASE 2 Permanent Flood Repair Project Phase II 51500059 L&M Enterprises,Inc. Name of Contractor or Sub-Contractor Project Name and Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract if this is a Section 3 project. (b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Justus Betio,President Name and Title of Signer(Type of Print) ly/ � 03- 10- aoi5 igna ure �� Date BID NON 81500059 Page 69 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER 24.5 PROJECT: EM-BR9.5-25A-PHASE 2 State of 0,0!O rud0 County of La rt WWI" )ss. -Z-U4 US i.Ja-r e 11 being first duly sworn, deposes and says that: (1) He is P1'�2S1 ptc? of Lg"1 C.v\+'tpr sc,s IA C., ,the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees or parties in interest,including this affined,has in any way colluded,conspired,connived or agreed,directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices in the attached Bid or of any other Bidder,or to fix an overhead, profit or cost element of the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the(Local Public Agency)or any person interested in the proposed Contract;and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including is affined. (Signed)_ Tile President Subscribed and sworn to me this l rte By: � �J>"�LY aeu�- �� 20 Notary DONNA BRADSHAW Public NOTARY PUBLIC STATE OF COLORADO My Commission expires: Of— cis- doi NOTARY ID 20104036960 COMMISSION EXPIRES JAN.05,2019 BID NO#B1500059 Page 70 Section 3 Certifications 24.5 PROJECT: EM-BR9.5-35A-PHASE 2 This section should be included in all Section 3 covered contracts. The CDBG Program will notify those grantees who have Section 3 covered activities.Delete this section and the Section 3 forms if not applicable. THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS DOL4 will monitor compliance with such provisions and standards for Weld County. The successful bidder will be required to complete the following forms in order to comply. A brief explanation of the form and when the form is to be submitted to DOLA is listed below.Should you have any questions concerning Section 3 or the forms to be submitted. please feel free to contact the DOLA CDBG Program Coordinator. BID NO 0 61500059 Page 71 SECTION 3 BUSINESS SELF-CERTIFICATION This form is to be completed by the contractor if applicable,and submitted as a part of the bid package or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business concern. 24.5 Project Name: PROJECT: EM-BR9.5.25A—PHASE 2 Number: To be assigned by DOLA eta later date Contractor Name: L&M Enterprises,Inc. It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the employment and other economic opportunities generated by federal financial assistance for housing, economic and community development programs shall, to the greatest extent feasible, be directed toward low and very low income persons. particularly those who are the recipients of government assistance for housing. Does your business qualify as a Section 3 business? Yes " No To qualify as a Section 3 business, you must meet one or more of the following three criteria(please check all that apply as per 24 CFR, Subchapter B, Part 135.5): Is owned(51%or more)by Section 3 residents(defined below') Employs in permanent, full-time positions, at least 30%persons whom are currently Section 3 residents OR whom were Section 3 residents within three years of the date of first employment with the business Provides evidence of a commitment to subcontract in excess of 25%of the dollar award of all subcontracts to be awarded to businesses that meet one of the above definitions. • Section 3 residents are persons who either live in public housing or are at or below the following income qualifications(available from your Project Monitor or at HUD.GOV): nttp...'V lt:c.aer orq'porta datasets;ll'i!2013;selec: GeograR'w.ocr) COUNTY Type of 1 2 3 4 5 6 7 8 Household Person Person Person Person Person Person Person Person Weld Moderate Income I certify that the above information is accurate, and agree to provide records upon request for verification of my eligibility as a Section 3 business. �� _�re5td-eve Sig�r 3fure Title ,nslus Bebu 03- I b- a o!5' Name(printed) Date L&\1 Enterprise..Inc. (typed name of entity) (date) BID NON 81500059 Page 72 MEMORANDUM r86r Date: March 19, 2015 Cp U N?I� To: Trevor Jiricek, Director of General Services _ T From: Clay Kimmi, P.E. , Senior Engineer RE : Bid Request No. B1500059 BOCC Approval Date March 23, 2015 Bids were received and opened on March 4, 2015 for the contracted construction of permanent flood repairs at BR9.5-24.5A (I-25 Frontage Road and the St. Vrain River) within the St. Vrain Basin. Four bids were received ranging from $426,6.56. 12 to $773,475.23 with the lowest bid submitted by L&M Enterprises, Inc from Berthoud, Colorado. The Engineer's Estimate for this work was approximately $700,000. The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were apparent in the low bid. The bid tabulation has been submitted for your information. All required bid documents were submitted by the lowest bidder. All references provided by the lowest bidder were called. The references indicated that they had no issues with L&M Enterprises. This is a flood recovery project with FEMA paying for 75%, the State of Colorado paying 12.5%, and Weld County paying 12.5%. FEMA's share of the project is $319,992.09. The State' s share of the project is $53 ,332.02. Weld County's share of the project is $53 ,332.02. Weld County is applying for a CDBG-DR grant to recoup our share of the project. It is my recommendation to award the construction contract to L&M Enterpirses for a total amount not to exceed $426,656.12. ,2015- 0(.233 /61 c2,5 co-) 8Caay5 8 8 8 8 8 0 8 0 0 0 0 0 0 0 0 0 0 0 0 00 0 00 00 0 0 m8ui � � � � o � �o Q � � gm � a � ci � o0 80 0 004oae 1.1 .� N Q .� ."i M 01 N M O1 N N ni N 00 N 000 ti N CO M N Q N M ,_.i. N 0 0 N .-1 N 6 M .0 0 N N N N N N N N V1 N V} V1 N N N N N N V1. 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CO a. 0 10J In V In i u ;'n 1= u_ r= H 1p3 E N N E N N N N N N E 8 2 .D N N N N N N (OO (D t0 i0 (O (MO m 10 [�0 t0 10 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E-Mail: mwalters(a�co.weld.co.us ,:t6.1%,341861 - E-mail: reverettna co.weld.co.us 11 !, Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 VI tpuNTY DATE OF BID: MARCH 4, 2015 REQUEST FOR: PERMANENT FLOOD REPAIRS-AT BRIDGE 9.5/24.5A & ASSOCIATED DOWNSTREAM DROP STRUCTURE DEPARTMENT: PUBLIC WORKS DEPT BID NO: #B1500059 PRESENT DATE: MARCH 9TH, 2015 APPROVAL DATE: MARCH 23RD, 2015 VENDOR TOTAL L & M ENTERPRISES INC $426,656.21 PO BOX W BERTHOUD, CO 80513 OSMUN INC $572,067.16 PO BOX 1264 CRAIG, CO 81626 DEFALCO CONSTRUCTION COMPANY $609,032.89 PO BOX 820 LONGMONT, CO 80502 DIETZLER CONSTRUCTION CORPORATION $773,475.23 5027 CR 37 YODER, WYO PUBLIC WORKS IS REVIEWING THE BIDS AT THIS TIME. 2015-0633 Hello