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Home My WebLink About20150148.tiff 861 MEMORANDUM G O U N T-Y TO: Clerk to the Board DATE: February 2, 2015 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda RE: Bid# B1400218 Agreement for Construction Services with WL Contractors for the WCR 60.5/47 Traffic Signal. Attached are two duplicate, original agreements. Please return one signed original back to Public Works. RECEIVED FES 03 2t.3 COMFY SIO S M-\Francie\AGENDA memos\AgendaMIkeeedell-2.tlocx 704,1, Ld)1•4; a) aonakft.ot AggcadA /19-1. t-lit.)(S...04-064, f!-acts is Ea nom.. Dot —//— /� WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND WL CONTRACTORS WCR 60.5/47 TRAFFIC SIGNAL THIS AGREEMENT is made and entered into this_26th_day of_January,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_WL CONTRACTORS, [an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is_5920 Lamar Street,Arvada, CO 80003, hereinafter referred to as"Contractor". WHEREAS,WCR 60.5/47 TRAFFIC SIGNAL is in need of construction,(hereinafter referred to as "Project", and WHEREAS,in the interests of public health, safety and welfare, it is necessary to undertake this project, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required construction services at the cost specifically 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 the County's Request for Bid as set forth in Bid Request No. B 1400218. Exhibit A contains all the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response (submitted bid) 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. Contractor shall coordinate with the Weld County Director of Public Works or other designated supervisory personnel (the "Project Manager")to perform the services described in 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. BID NO B1400218 Page 22 3. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination: County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials (or services)become unsatisfactory to the County. If this Agreement is terminated by County,Contractor shall be compensated for,and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County;(2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice,but which had not yet been approved for payment;and (3)the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination,County shall take possession of all materials,equipment,tools and facilities owned by County which Contractor is using,by whatever method it deems expedient;and,Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE". Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification: Any amendments or modifications to this Agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly,no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 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,Contractor'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. 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 $231,921.00 which is the bid amount specifically 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 BID NO B1400218 Page 23 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 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. Contractor 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. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the services for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County, if any, shall forthwith be returned to County. 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 (end of the fiscal 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. 20-1-101 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. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. 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 the Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A)and provide proof thereof when requested to do so by County. 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. BID NO B1400218 Page 24 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. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver: Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. BID NO B1400218 Page 25 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 shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. 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. The Contractor/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 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 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 BID NO B1400218 Page 26 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 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 10/93 or equivalent, covering premises operations,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 project(s) general aggregate limit, ISO CG 2503 or equivalent additional insured-owners, lessees or Contractor's endorsement, ISO Form 2010 or equivalent, additional insured-owners,lessees or Contractor's 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 Contractor, including completed operations"and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $500,000 errors and omissions; $5,000 Medical payments one person • Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduce 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; BID NO B1400218 Page 27 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 the County, 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. Additional Insured: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverage, 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage. 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. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: N/A 14. Non-Assignment: Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records: To the extent required by law, the Contractor agrees that any duly authorized representative of County,including the County Auditor,shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three (3)years from the date of the last payment received from County. BID NO B1400218 Page 28 16. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices: County may designate,prior to commencement of work,its project representative ("County Representative")who shall make,within the scope of his or her authority,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,Director of Weld County Department of Public Works, or his designee. Likewise, Contractor shall designate, prior to commencement of work, its project representative ("Contractor Representative") who shall make, within the scope of his or her authority, necessary and proper decisions with reference to the project. 18. Compliance with Law: Contractor shall strictly comply with all applicable Federal and State laws, rules and regulations in effect and hereby established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability: Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. 24-18-201 and 24-50-507: The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests.During the term of this Agreement,Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result,in County's sole discretion,in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule,practice or action nominates,recommends,supervises Contractor's operations,or authorizes funding to Contractor. 23. Severability: If any term or condition of this Agreement shall be held to be invalid,illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. BID NO B1400218 Page 29 24. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 27. Choice of Law/Jurisdiction: Colorado law,and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. 8-17.5-101: Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall 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 program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not knowingly employ or subcontract 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(a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed,(b)shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103, 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,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 BID NO B1400218 Page 30 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,and(c)shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of the Contract. 29. Official Engineering Publications: Contractor acknowledges and agrees that the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M&S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Compliance with Davis-Bacon Wage Rates: N/A 31. Attorneys Fees/Legal Costs: In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 33. 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 referenced Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO 61400218 Page 31 f SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have approved this Agreement this 26th day of January, 2015. CONT CTOR: By• ,r Date Q Name: -17)y 1 y [AJ KI r Title: PrE5i WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: Barbara Kirkme er, Chair EB 1 1 2015 Weld County Clerk tot $:o � 1 BY• - `{ Deputy Cl: k to the APPROVED AS TO FUNDING: APPROVED AS TO _ STANCE: -aal,a1A0 Controller Di o • 'ublic Wor artment APPROVED • FORM: Directo e f General Services County A y BtD NO B1400218 Page 32 BID REQUEST NO. B1400218 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR WCR 60.5/47 TRAFFIC SIGNAL F tr r a — et I it ,„., 4 Prtgt . DECEMBER. 2014 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 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 to Bid 3 Instructions to Bidders 4-12 Bid Proposal 13-14 *Bid Schedule and Signature Page 15-17 'Bid Bond 18-19 *IRS Form W-9 20 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. `Notice of Award 21 *Contract Agreement 22-32 *Performance Bond 33-34 *Labor and Materials Payment Bond 35-36 Notice to Proceed 37 Change Order 38 Certificate of Substantial Completion 39 Lien Waiver 40 Notice of Acceptance 41 WELD COUNTY PROJECT SPECIAL PROVISIONS: Special Provisions Index 1-2 Project Special Provisions 3-26 Standard Special Provisions 27-51 APPENDIX: WCR 60.5/47 Traffic Signal Plans prepared by Atkins(5 sheets) BID NO B1400218 Page 2 REQUEST NO No. B1400218 BOARD OF WELD COUNTY COMMISSIONERS, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 12/10/2014(Advertisement Date) PAGES 1 -12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: "WCR 60.5/47 TRAFFIC SIGNAL" The project in general consists of construction of a traffic signal as part of the ongoing Weld County Parkway Project. This project is not subject to Federal or State contract requirements. A mandatory pre-bid conference will be held on Tuesday. December 30 at 2:00 PM,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 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: Thursday, January 8, 2015, 10:00 AM. (Weld County Purchasing Time Clock). 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed services. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinglndex.html located under Current Request for Bids. Weld County Government has joined 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. E-mail. E-mailed bids are preferred. Bids may be e-mailed to: bids(c3weldaov.com. E-mailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An e-mail confirmation will be sent when we receive your 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. 3. Mail or Hand Delivery. Mailed 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. BID NO B1400218 Page 3 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 title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the 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 in 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 herein. 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 the bidder in preparing the bi 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions,CDOT,Standard Specifications for Road and Bridge Construction, Section 101. Familiarization With the Work: Before submitting a 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 BID NO B1400218 Page 4 Document holder of record. Because of the time required to publish and deliver, 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 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. The Owner intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The Owner 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 Owner prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor&Materials Payment Bond and Certificate of Insurance within ten(10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County 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 Owner may reject all Bids or call for other Bids. The Owner,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 Bid Request contained herein (including, but not limited to, product specifications and scope of services),the successful bidder's response,and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract,which if BID NO B1400218 Page 5 required, has been made part of this Bid Request. 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. 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 govemmental 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 Owner, 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, sa�-ry, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: The general conditions, nature and location of the site where the work is to be performed. The character,quality,and quantity of surface and subsurface materials,water,structures and utilities to be encountered. The character of construction equipment and facilities needed for performance of the work. The 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 Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8- 17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) BID NO B1400218 Page 6 otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq.,Weld County may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Contractor. 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 this 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 this 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 this Contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of 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. 24-72-210, 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 made 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,expressed or implied,to bind Weld County to any agreement,liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. BID NO 81400218 Page 7 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 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 expressed 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 the 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 the County may result in the 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 the County,and shall continue through and until the 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 for 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 subcontract 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 BID NO B1400218 Page 8 the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agent, employees and subcontractors. Q. Warranty: The successful bidder 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. The successful bidder 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, the successful bidder is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which the successful bidder must correct any failures or deficiencies. This warranty shall commence on the date of County's final acceptance of the Project. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any other interest therein or claim thereunder,without the prior written approval of the 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 and 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 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 the 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. BID NO B1400218 Page 9 U. Compliance with Davis-Bacon Wage Rates: N/A. 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 of Weld County Public Works,or b formal resolution of the been specifically approved by the Directory P Y PP Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 10. INSURANCE REQUIREMENTS General Requirements: 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 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 coverage. 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 BID NO B1400218 Page 10 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 indemnity applies. In consideration of the award of this contract,the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of 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 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, 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 project(s)general aggregate limit, ISO CG 2503 or equivalent additional insured- owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent,additional insured-owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent,the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County , its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by,or on behalf of the Successful bidder,including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $500,000 errors and omissions; $5,000 Medical payments one person BID NO 81400218 Page 11 y 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: If any aggregate limit is reduce 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. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by the County, 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. Additional Insured: For general liability,excess/umbrella liability, pollution legal liability,liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverage, 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage. 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. A provider of Professional Services (as defined in the Bid or RFP)shall provide the following coverage: N/A BID NO B1400218 Page 12 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: WCR 60.5/47 TRAFFIC SIGNAL PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to fumish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications,for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub-Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application,the State of Colorado Department of Revenue shall issue to a Bidder or Sub-Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114,CRS,and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty(60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor& Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor&Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. BID NO B1400218 Page 13 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds,the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. ICI All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures;the words will control. All mathematics will be checked and the correct total used for determining the low bidder. BID NO B1400218 Page 14 W U a re ce ag Q J HO ac H U) U) 49 U) S U) U) U) U) (1) U) U) U) U) S W N in U a 2 w ag co H J a 20 O U) U) (1) EA U) U) U) U) S U) S U) U) U) U) 2 W i- i- IX 3yu) O WIX 0 O 3 a H z 0 >- I- O H N N" N- V co Cam') N r r O CO co N V r w Q O) 0 m O I- a QQ Q Q Q Q Q q QQ 2 J J J J J J W 6 J W W W W W W 0 E Lt 2 O _ w _ ❑ Q O U ❑ U ❑ I- a_ H Z W Z W 2 re o a' o N w i_ g co H03 l- M N N P } W m W F N F H N O CO w O 2 a a 0 0 0 0 _N N_ < 0 M V W Z z zzzzO O 0 0 F H (n ~ M N N 0 0 0 0 (V V 0 0 Z W J 0 WZ Z Z < < < < C x LQi LL Z W a O U U U U a a (D J J O ❑ -J E W O C)) ( K 2 n 2 2 K X Z Z P z Z U Q Q 0 U 0 0 c' N "' C0 0 m p 0 (A 0 0 J J J J cc N W W U fn ❑ ❑ ❑ W W W W XO O Q U U Cr U 9 m LT- J_ J_ U U U U m m Z Z LL LL W W LL d' d' Z Z Z Z D O s J Fx CC LL H H cc ❑ ❑ N N CO CO a a W O O O co C') f+) Co) C7 co co C7 V V V V H 2 0 0 0 CD (o CD CO CD CO 0 CO CO CD CO CO W _ U H O 0 ag o 6 J J O O Q O O O F 6 6. O ° r N I- S S S S S S S S N O O r U Kcn a 0 0 to r- -I O 0 O 0 6 7 O r N 0 O r -O W O WO H 0 U ` c c c Q, 3 O (012w7)7 0 CC U O N O L O d = 4 0 I- L W O Z I- 3 o c i_ a) I— F I- CO - co Q N r r O r r r .— O o p a c v 3 Q Q 4 (i E O j W W W (/J J J LL lL +3 sas 0 I- ID H To re ce z o Z Q Q a wti 0. ¢ ¢ 0 0 0. 17 22W , C 0 I- I- (O 2 La al la 0 0 _U O CO CO o LL LL o Z U = o cm n > U O O v f E 213 ~ J J 2 - > W 2 aJ 0 Z J 0 a 0 U D 1 I 7 C —J J F I- O m W Q Q U 0 as _ z 7 0 0 H O_ N (O (n -1 W ° ~e. O OUz U Q Q CI 0 IU-i 0 a H n LULU O o zCT)z z CO2 W W IZ — CU CC F 0 0, 00 0 O O � m a 0 B W O R V V V in CD CC Q C F 2 Co (O (O ti) W CO LLk LL R 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 9 9 P and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: 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 Bid Request No. B1400218. 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) ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE# FAX E-MAIL TAX ID# SIGNATURE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. BID NO B1400218 Page 17 BID BOND WCR 60.5/47 TRAFFIC SIGNAL 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 WCR 60.5/47 TRAFFIC SIGNAL 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 B1400218 Page 18 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 B1400218 Page 19 Fen„ W.9 Request for Taxpayer Give form to the (Ries.October 2007) Identification Number and Certification requester.Do not Cropaamvra at into tto>Gvy send to the IRS. infernal Rw•oa.SMYx• Neme(u shown on your income tea ret m) a. Business runs.if deferent horn atwv• ----._.t • Check appropriate box:Li IrdividuaU6ol.propri.tor Li Corporation L Partnership _ Exempt ❑ landed liability company Enter the tax daseihcation(Dsdaer&piano entity.Ceuxporatwn.Pspertnerdspl• may.• r-t I Otter iN.ollruct7.t -b Address(manb.r.street.end apt or suite no) j Requester's rume and address(optional) GHy,Oat..and Z V code Loot account number*here(optimal' Min Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid sorrel Mainly rssmber backup withholding For individuals,this is your social security number(6SN).However,for a resident alien.sole proprietor,or Disregarded entity,sae the Pert I instructions on page 3.For other entities.n to ---_your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.K the account is in more than one)tame,see the chart on page 4 for guidelines on whose Employer leentificotion nienber number to enter EZIEEM—aertificatIon Under penalties of penury.I certify that 1 The number shown out this form is my correct taxpayer Identification number for I am waiting for a number to be issued to me).and 2. I am not subject to backup withholding because:(a)I em 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(c)the IRS has notified me that I am no longer subtract to backup withholding.and 3. 1 am a U S.citizen or other U.S.person(defined below). Certification instructions.You nest cross out Ram 2 above if you have been notified by the IRS that you are currently aubiect to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions.rent 2 does not apply For mortgage interest paid.acquisition or abandonment of secured property.cancellation of debt.contributions to an individual retirement arrangement(IRA),and generally.payments other than interest and dividends.you are not required to sign the Certification.but you must provide your correct TIN.See the instructions on pegs 4. Sign bpnear.of Here u.s.per.an O. Deis► General Instructions Definition of a U.S. person. For federal tax purposes. you are considered a U.S.person if you are: Section references are to the Internal Revenue Code unless a Art individual who is a U.S.citizen or U.S resident alien, otherwise noted e A partnership.corporation.company.or association created or Purpose of Form organized in the United States or under the laws of the United A person who is requred to file an information return with the States. IRS must obtain your correct taxpayer Identification number(TIN) •An estate(other than a foreign estate) or to report.far example,income paid to you.real estate e A domestic trust(as defined in Regulations section transactions.mortgage interest you paid.acquisition or 301.7701-7). abandonment of secured property,cancellation of debt,or Specisd rules for partnerships.Partnerships that conduct a contributions you made to an IRA trade or business in the United States are generally requved to Use Form W-9 only if you are a U.S person(including a pay a withholding tax on any foreign partners'share of income resident alien),to provide your correct TIN to the person from such business Further.in certain cases where a Form W-9 requesting K(the requester)and,when applicable.to: has not been received.a partnership is requred to presume that 1 Certify that the TIN you are giving is correct(or you are a partner Is a foreign person,and pay the withholding tax. waiting for a number to be issued). Therefore.if you are a U.S. person that is a partner in a 2.Certify that you are not SubJACi to backup withholding.or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3 Claim exemption from backup withholding K you are a U.S status and avoid withholding on your share or partnership exempt payee If applicable,you are also Certifying that as a income U.S.person, you allocable share of arty partnership income from The person who gives Form W-9 to the partnership for a U S trade Cr business is not subject to the withholding tax on purposes of establishing is U.S.status and avoiding withholding foreign partners' share of effectively connected Income cn its allocable share of net income from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade of business in the United States is in the request your TIN, you must use the requester's form if n rs following cases: substantially similar to this Form W-9 a The U.S owner of a disregarded entity and not the entity, Cat.No. 10231X Form W-9(Rev.10-2007) BID NO B1400218 Page 20 NOTICE OF AWARD WCR 60.5/47 TRAFFIC SIGNAL To: Project Description: The project in general consists of construction of a traffic signal, as part of the ongoing Weld County Parkway Project. This project is not subject to Federal or State contract requirements. 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 ten(10)calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten(10)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 Michael Bedell, 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 81400218 Page 21 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND CONTRACTOR(SAMPLE) WCR 60.5/47 TRAFFIC SIGNAL 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_CONTRACTOR,[an individual], [a limited liability partnership] [a limited liability company] [a corporation]whose address is_ hereinafter referred to as "Contractor". WHEREAS,WCR 60.5/47 TRAFFIC SIGNAL is in need of construction,(hereinafter referred to as"Project", and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake this project, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required construction services at the cost specifically 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 the County's Request for Bid as set forth in Bid Request No. B1400218. Exhibit A contains all the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response(submitted bid) 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. Contractor shall coordinate with the Weld County Director of Public Works or other designated supervisory personnel (the "Project Manager")to perform the services described in 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. BID NO B1400218 Page 22 3. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County,and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination: County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice. Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County,Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County;(2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice,but which had not yet been approved for payment;and (3)the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination,County shall take possession of all materials,equipment,tools and facilities owned by County which Contractor is using,by whatever method it deems expedient;and,Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE". Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification: Any amendments or modifications to this Agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly,no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 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,Contractor'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. 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 amount specifically 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 BID NO B1400218 Page 23 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 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. Contractor 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. lf, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the services for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s)to County. Upon termination or expiration ofthis Agreement,unexpended funds advanced by County, if any, shall forthwith be returned to County. 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 (end of the fiscal 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.20-1-101 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 ofthis 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. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. 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 the Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A)and provide proof thereof when requested to do so by County. 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 ofthis 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. BID NO B1400218 Page 24 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. 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 ofresponsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied,to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. BID NO B1400218 Page 25 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,retum 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 shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. 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. The Contractor/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 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 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 BID NO 81400218 Page 26 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 III Insurance covering all of 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 10/93 or equivalent,covering premises operations,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 project(s) general aggregate limit, ISO CG 2503 or equivalent additional insured-owners, lessees or Contractor's endorsement, ISO Form 2010 or equivalent,additional insured-owners,lessees or Contractor's 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 Contractor, including completed operations"and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $500,000 errors and omissions; $5,000 Medical payments one person Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere,for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduce 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; BID NO B1400218 Page 27 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 the County, 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. Additional Insured: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverage, 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 insured under its policies or shall ensure that all subcontractors maintain the required coverage. 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. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: N/A 14. Non-Assienment: Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder,without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records: To the extent required by law,the Contractor agrees that any duly authorized representative of County,including the County Auditor,shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three (3)years from the date of the last payment received from County. BID NO 61400218 Page 28 16. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices: County may designate,prior to commencement of work,its project representative ("County Representative")who shall make,within the scope of his or her authority,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,Director of Weld County Department of Public Works, or his designee. Likewise, Contractor shall designate, prior to commencement of work, its project representative ("Contractor Representative") who shall make, within the scope of his or her authority, necessary and proper decisions with reference to the project. 18. Compliance with Law: Contractor shall strictly comply with all applicable Federal and State laws, rules and regulations in effect and hereby established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability: Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. 24-18-201 and 24-50-507: The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests.During the term of this Agreement,Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates,recommends,supervises Contractor's operations,or authorizes funding to Contractor. 23. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. BID NO 81400218 Page 29 24. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 27. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. 8-17.5-101: Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall 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 program established pursuant to CRS §8-17.5-I02(5)(c),Contractor shall not knowingly employ or subcontract 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(a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed,(b)shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103, 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, 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 BID NO 81400218 Page 30 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,and(c)shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of the Contract. 29. Official Engineering Publications: Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M&S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications.Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Compliance with Davis-Bacon Wage Rates: N/A 31. Attorneys Fees/Legal Costs: In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 33. 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 referenced Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. BID NO B1400218 Page 31 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have approved this Agreement this _day of , 2015. CONTRACTOR: By: Date: Name: Title: WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY• Deputy Clerk to the Board APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Director of Public Works Department APPROVED AS TO FORM: Director of General Services County Attorney BID NO B1400218 Page 32 PERFORMANCE BOND WCR 60.5/47 TRAFFIC SIGNAL KNOW ALL MEN BY THE PRESENTS; that (Name and 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: WCR 60.5/47 TRAFFIC SIGNAL, Bid No. B1400218 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. 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. BID NO B1400218 Page 33 PERFORMANCE BOND WCR 60.5/47 TRAFFIC SIGNAL 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 B1400218 Page 34 LABOR & MATERIALS PAYMENT BOND WCR 60.5/47 TRAFFIC SIGNAL KNOW ALL MEN BY THE PRESENTS; that (Name and Address) ,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: WCR 60.5/47 TRAFFIC SIGNAL, Bid No. B1400218 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. 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. BID NO B1400218 Page 35 LABOR& MATERIALS PAYMENT BOND WCR 60.5/47 TRAFFIC SIGNAL 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 B1400218 Page 36 NOTICE TO PROCEED WCR 60.5/47 TRAFFIC SIGNAL To: Date: Name of Project: WCR 60.5/47 TRAFFIC SIGNAL described in the Invitation for Bids, Bid No. B1400218. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore Weld County, Colorado, Owner By Michael Bedell, P.E., Project Manger ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015. By Title BID NO B1400218 Page 37 CHANGE ORDER NO. (EXAMPLE) WCR 60.5/47 TRAFFIC SIGNAL Date: Project: WCR 60.5/47 TRAFFIC SIGNAL, described in the Bid No. B1400218. Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Michael Bedell, P.E. Senior Engineer County Engineer: Date: Don Dunker, P.E. County Engineer APPROVALS: Contractor: Date: Owner: Date: Barbara Kirkmeyer(BOCC Chair) BID NO B1400218 Page 38 CERTIFICATE OF SUBSTANTIAL COMPLETION WCR 60.5/47 TRAFFIC SIGNAL Owner's Project No: B1400218 Engineer's Project No: GR-20 Project: WCR 60.5/47 TRAFFIC SIGNAL, described in the Bid No. B1400218 Contractor: Contract For: WCR 60.5/47 TRAFFIC SIGNAL Contract Dated: This Certificate of Substantial Completion applies to all Work under the Contract Documents except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 7 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 B1400218 Page 39 LIEN WAIVER (GENERAL CONTRACTOR) WCR 60.6/47 TRAFFIC SIGNAL TO: Weld County Public Works Attn: Michael Bedell, 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: WCR 60.5/47 TRAFFIC SIGNAL, described in the Bid No. B1400218 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 B1400218 Page 40 NOTICE OF FINAL ACCEPTANCE WCR 60.5/47 TRAFFIC SIGNAL TO: Date: RE: WCR 60.5/47 TRAFFIC SIGNAL, described in the Bid No. B1400218. 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. Weld County, Colorado, Owner By: Michael Bedell, P.E., Project Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015. By Title BID NO B1400218 Page 41 EXHIBIT B BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O"Street Greeley, Colorado 80632 Attention: Trevor Jiricek, Director of General Services Bid Proposal for: WCR 60.5/47 TRAFFIC SIGNAL PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications,for the Work above indicated for the monies indicated below which includes all State,County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub-Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application,the State of Colorado Department of Revenue shall issue to a Bidder or Sub-Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is fora purpose stated in Section 39-26-114,CRS,and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work,so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local,state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent(5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor& Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor&Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. BID NO B1400218 Page 13 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds,the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures;the words will control. All mathematics will be checked and the correct total used for determining the low bidder. BID NO 81400218 Page 14 a a et, 31 Ii, uult 8f at 8i at 8( 91 81 al 8 , 81 a !J c/C—.i ,9 (d� Eat {Okr Q O p 8 N� I cC j f y 4 79 a . 6 k) V' 4 rb eb c' '� — 0 m N E9 a 69 a a EPr 4) a a a a 09 E9 E9 a m cil84, 08 t wt a n CO 8; 8( 81' 8t'40 * w ii) 8. g g & $ i cam co a a a a a a a a a a a a a to a a T R �+ nT 4 3 s v 46 't�''ar Q V% 9 Q G F- a J�$ % t cr Vg k S •� s etcr> h C r�` .EitZ 5 8 $ $ k j I O 'f7'S ` iv` ' d V�= r 0 F r. 14)- N e G7 a v - co — m �r a co m a .- d QQ QQ QQ 2 J J J J J J L1i W J ¢ Q C W W Q W W W W W E C z a LU Q Z LO EE W z 2W LU O UI w CO U t COr CU r it y H CO I- E. I- I- 0 > W m 0 S 2 > > = 5 - z z LI UU a 2 000000 cv cZI < O o a w z z Z Z z H 1- - m w0 o- - 0 0 0 0 N to. 0 0 z a .4 J 2 z C C < C 'c x 0 0 ts1 V' coi J 0 0 J m q Ow _ d x N K W igggT- z o 0 0 0 a a W - N W ai W O 0 0 0 W W W w 0 0 a 0 0 x v m UI U r V U co m Z Z LL if o- L1 LL Q Q z z z z > ≥ c j a a H a 0 0 N N m m a a. S J H F ti ? H W • O 4 Cl C) M C1 Cl M M C) "4- 4t t 'Tr v t. Z in In CO co cD to e0 Co c0 c01 c0 c0 c0 cG co i i i; I,' I §( 81 \ SI f § / § o / -J 2 ± & & $ \ \ m a w / ,, J & s a ® - - - ® e - - ■ E @ a. y r \ o 8 \ a 7 \ tn) \ G 2 $ a. § -0 $ : \ & / a a 4 _ e to e _ _ I *- ,/ f 9 4\$ o ( 4v a < V% - = rat � 4 r� % a8 ° \ m [A �/ \$ 7 s /� 0 # ) / �. II }a m )8 ) 3 / 01 a.b S'il }; VP 2l / E -01±3 f v� tr = if �2 » e s Cr /3 R f4 _ c [ a , / a ■ ` - ` - - C « t w 5 a © S § § C k § ° I- 2 & 7 z / ! - ` $ § e el 2 2 \ ~ / e w w / § 2 - m ) W , EE 2 ( o9 co } § a ( 0 \ \ § \ \ _\ § z z ® ) § z \ \ ) § 3 \ § L d 9 0 0 U Cl § 2 ® ) k F ) W ` - / \ \ 0 k 00 ( } U. § / § •Z f ! { \ § ) / 1 r • 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: The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets ail of the conditions,specifications and special provisions set forth in the Bid Request No. B1400218. 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 II 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 A.' L Cn.'),Irf t-1 c 4-O/- r T, RY To;,,' (.4_/,,,kie-^ . Pr. c, :,AE -A (Please print) f ADDRESS 512i L-arncxr Si- r tc.F DATE Dl--017 dot≤ CITY, STATE, ZIP CODE A r.i ct,1-.1 (-.0 Y C. .3 / TELEPHONE# 30 - 2 - 7`f 17. - FAX 34s - ,-/ Zt- 1ti3'1 E-MAIL h......., k l<' e.hri,",-.1c !-C,,,-.).-, TAX ID# ?`1 10 /'-1 O' SIGNATUR‹A _ WELD COUNTY IS EXEMPT FR I M COLOR• . SALES TAXES. THE CERTIFICATE OF EXEMPTION MBER IS #98-03 1-0000. VL1a y/► .e 1-Rt.l.)r W;A i- BI II O 81400218 Page 17 Form w..9 Request for Taxpayer Give Form to the (Rev.December 2011) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) W L Contractors Inc N Business name/disregarded entity name,if different from above d a Check appropriate box for federal tax classification: o O Individual/sole proprietor O C Corporation ❑� S Corporation O Partnership ❑Trust/estate a &o i imited liability company.Enter the tax classification(C=C corporation,S-S corporation,P=partnership)".► ❑Exempt payee o ❑ P Y rP -P hP) ae ❑ Other(see instructions)► 4 Address(number,street,and apt.or suite no.) Requester's name and address(optional) 0 a 5920 Lamar St s City,state,and ZIP code CO Arvada CO 80003 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line 1 Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a , 7)N on page 3. Note,If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 8 4 - 1 0 4 4 0 4 7 GM 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(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than in est and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of f /��l l /5 Here U.S.person latCl i '� Date to !/ General Instructions Note.If a requester gives you lo other than Form W-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. •A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting It(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding • tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a • • 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No.10231X Form W-9(Rev.12-2011) BID BOND WCR 60.6147 TRAFFIC SIGNAL KNOW ALL MEN BY THESE PRESENTS,that W.L. Contractors. Inc. as Principal,and Liberty Mutual Insurance Company as Surety,are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Bid Amount — Dollars ($ 5%of Bid Amount), lawful money of the United States of America, for the payment of which aura 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,Thal whereas the Prindpal has submitted the accompanying Bid dated .ecb^,)c r ,2015 for the WCR 60.5/47TRAFFIC SIGNAL as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the pdndpal deposit with the Owner either a certified check equivalent to not lass than live 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 penally 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(or 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 penally,then this obligation shall be void and of no effect,otherwise to remain In full force end effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 5th day of January ,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 W.L. Contractors,Inc. Address 5920 Lamar Street AT S!: / / Arvada.CO 80003 By: . A "_�_ 64 k‘ fit. Surely Liberty Mutual Insurance Company TT,.. :� Address 14123 Denver West P Parrkkway_ By: garkien, O 80401, By:L ennif . och,Attome -in-fact BID NO B1400218 Page 18 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Poem of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No.6497192 American Fire and Casually Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWNALL PERSONS BY THESE PRESENTS: That American Fired Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmericen Insurance Company II is a corporation duly organized under the laws of the State of Indiana(herein collectively called the•Compatesq,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew W.Denlinoer;Fred R.Lautenbach:Jennifer E.Koch:Sharon L.Dlsterlic all of the city of Littleton ,state of CO each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and delver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of March , 2014 , >, co American Fire and Casualty Company v • .. The Ohio Casualty Insurance Company . Liberty Mutual Insurance Company c West rican Insurance Company •N at a a) ay: /fix T il STATE OF PENNSYLVANIA es David M.Cate A{ Secretary a m COUNTY OF MONTGOMERY C e0) On this 24th day of March 20 4 before me personalty appeared David M Carey,who acknowledged himseff to be the Assistant Secretary of American Fire and V t- 0 tit Casualty Company.Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, N p A execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by baron as aduy authorised officere a> IN WITNESS WHEREOF,I have Wentstdwibetrmyneme and affixed My W adal seal at Plymouth Mining,Pennsylvania,on the day and year first above written. 0 O. c s y;g ,L( L ,114) co ` - Teresa Pastella Notary Public C r m do • of o„d, a m c co This Power of Attorney is made end executedpursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance alp Company, air mp y,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effort reading as follows: C OS of at O ARTICLE IV-OFFICERS-Section 12.Power of Attorney Any officer orotherofficial of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c ice'„m, to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, al Q c acknowledge and delver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeysin-fact,subject to the limitations set forth in their respective v E y^ powers of attorney,shall have kill power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ru G gis executed,such instruments shall be as binding as if signed by the President end attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >a" r the provisions of this article maybe revoked at any time by the Board,the Chairman.the President or by the officer or officers granting such power or authority. •g p.N C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.My officer of the Company authorized for that purpose in writing by the chairman or the president, E > m and subject to such Imitations as the chairman or the president may press be,shall appoint such etomeys-n-fact,as may be necessary to act in behalf of the Company to make,execute, ..Pl., Z 7 seal,acknowledge and delver as surety any and ell undertakings,bonds.recognizances and other surely obligations. Such attorneys-in-fact subject to the irritations set forth in their t eQ Z U respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. Wien so so executed such instruments shall be as binding as if signed by the president and attested by the secretary. G Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-In- ~— fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and delver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I.Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and VVest American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full true and correct copy of the Power of Attorney executed by said Companies,is in full force aid effect and has not been revoked. I IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this S I-h day of dal-Wary ,20_] . • Gregory W.Davenport,Assistant Secretary LMS_12e73 122013 129 of 250 WELD COUNTY ROAD 60 %3 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT SPECIAL PROVISIONS WELD COUNTY ROAD 60'/z @ WCR 47 TRAFFIC SIGNAL The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. These special provisions are in addition to the special provisions for the Weld County Parkway project that has already been awarded. Date Pilo Index of Project Special Provisions November 11,2014 1 Index of Standard Special Provisions November 11,2014 2 Notice to Bidders November 11,2014 3 Commencement and Completion of Work . November 11,2014 4 Revision of Section 101 —Definition of Terms November 11,2014 5 Revision of Section 613—Electrical Conduit-General November 11,2014 6 Revision of Section 614—Fire Preemption Unit&Timer November 11,2014 7-13 Revision of Section 614—Radar Detection System November 11,2014 14-21 Force Account Items November 11,2014 22 Traffic Control Plan—General November 11,2014 23-24 Utilities November 11,2014 25-26 1 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 COLORADO DEPARTMENT OF TRANSPORTATION WELD COUNTY ROAD 60''A TRAFFIC SIGNAL STANDARD SPECIAL PROVISIONS Date No.of Pages 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-Supplier List (January 30,2014) 1 Revision of Section 107—Warning Lights for Work Vehicles and Equipment (January 30,2014) 1 Revision of Section 107—Responsibility for Damage Claims, (February 3,2011) 1 Insurance Types,and Coverage Limits Revision of Section 108—Critical Path Method (August 19, 2011) 1 Revision of Section 108—Liquidated Damages (May 2, 2013) 1 Revision of Section 108—Subletting of Contract (January 31,2013) 1 Revisions of Section 109—Compensation for Compensable Delays (May 5,2011) 1 Revision of Section 109—Measurement of Quantities (February 3,2011) 1 Revision of Section 601 —Concrete Batching (February 3,2011) 1 Revision of Section 601 —Concrete Finishing (February 3,2011) 1 Revision of Section 601 —Concrete Form and Falsework Removal (July 28, 2011) 2 Revision of Section 601 —Concrete Slump Acceptance (July 29, 2011) 1 Revision of Sections 613 and 715—LED Roadway Luminaire (January 30,2014) 5 Revision of Section 630—Construction Zone Traffic Control (February 17,2012) 1 Revision of Section 630—Retroreflective Sign Sheeting (May 8, 2014) 1 Revision of Section 630—Signs and Barricades (January 31,2013) 1 Revision of Section 712—Water for Mixing or Curing Concrete (February 3,2011) 1 it 2 WELD COUNTY ROAD 60 IA TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 NOTICE TO BIDDERS Pursuant to subsections 102.04 and 102.05,it is recommended that bidders on this project review the work site and plan details with an authorized representative. Prospective bidders shall contact the following listed authorized representative at least 12 hours in advance of the time they wish to go over the project. Project Engineer- Mike Bedell Don Dunker Weld County Weld County Office: 970-356-4000 ext. 3706 Office: 970-356-4000 ext. 3749 Cell: 970-301-0780 Cell: 970-397-6288 The above referenced individual is the only representative with authority to provide any information,clarification, or interpretation regarding the plans, specifications,and any other contract documents or requirements. A mandatory pre bid conference will be held prior to the bid opening. Bids will be accepted only from pre- qualified bidders who attend the mandatory pre-bid conference. Questions received from bidders along with responses will be posted on the Weld County web site listed below as they become available. http://www.co.weld.co.us/Departments/Purchasing/CurrentRequests/Bids/Proposals.html If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods,phasing, scheduling, or other aspects of construction of the project,the Project Engineer will direct the n the County's designated representative directly to address the question or clarification. The bidder to contact tY P� P County will keep the bidder's innovation confidential and will not share this information with other bidders. The County representative will determine whether questions are innovative or proprietary in nature. If the County representative determines that a question does not warrant confidentiality,the bidder may withdraw the question. P If the bidder withdraws the question,the County representative will not answer the question and the question will not be documented on the County web site. If the bidder does not withdraw the question,the question will be answered, and both the question and County answer will be posted on the web site. If the County representative agrees that a question warrants confidentiality,the County representative will answer the question,and keep both question and answer confidential.The County will keep a record of both question and answer in their confidential file. Questions and answers shall be used for reference only and shall not be considered part of the Contract. 3 WELD COUNTY ROAD 60 %2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 COMMENCEMENT AND COMPLETION OF WORK Once the Contractor has received the"Notice to Proceed"letter,the Contractor shall coordinate the timing of the work under the Contract with the existing Weld County Parkway roadway contractor. The WCR 60.5 traffic signal work shall be completed during the proposed closure and detour of WCR 60.5 to construct the newly proposed intersection of the Weld County Parkway and WCR 60.5. During this 60 calendar day maximum length of closure,the WCR 60.5 traffic will be detoured around the intersection construction along WCR 47. It is estimated the work will occur in the Spring/Summer of 2015. The phasing of all work shall be coordinated with the contractor for the Weld County Parkway. Contractor should assume the possibility of multiple mobilizations to complete the work. Signal contractor will have 48 hours after roadway embankment is in place to trench conduit installations before the placement of the aggregate base and pavement. Boring conduit,Caisson construction and signal pole installations shall be completed after the concrete pavement is in place and when sufficient pavement strength has been established to withstand the equipment loads. Any damage by the signal contractor to embankments,pavement, curbs,erosion control,etc. shall be the responsibility of the signal contractor to repair. Salient features to be shown on the Contractor's progress schedule are: 1) Mobilization 2) Utility Coordination 3) Drilled Caissons 4) Electric Conduit 5) Wiring 6) Traffic Poles, Signal Faces, Fire Preemption Detection System 7) Cabinet System 8) Controller 9) Signing 4 WELD COUNTY ROAD 60 %2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the Work embraced under this contract shall consist of the"Colorado Department of Transportation,Standard Specifications for Road and Bridge Construction"dated 2011. The"City of Greely Detail"mentioned on the signing and striping plan refers to the City of Greeley Streets Design Criteria and Construction Specifications Manual, Revised January 2008, or the latest edition. The Manual can be downloaded from the City of Greeley web site. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions follows: Subsection 101.28: "Department"shall mean Weld County Subsection 101.29: "Chief Engineer"shall mean Weld County Public Works Director or designated representative Subsection 101.76: "State"shall mean Weld County(where applicable) The sections shown on the following pages are revisions to the Technical Specifications for this project. 5 WELD COUNTY ROAD 60 % TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 REVISION OF SECTION 613 ELECTRICAL CONDUIT-GENERAL Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.07 shall include the following: All conduit installed under the paved roadway shall be installed by Horizontal Direction Boring,or as directed by the Engineer. All underground conduit shall be Schedule 80 PVC or Schedule 80 HDPE when directionally bored. All conduit bends including factor installed bends, shall not have a bend radius less than six times the inside diameter of the conduit. All excavations required for the installations of conduit or cable shall be performed in such a manner as to avoid unnecessary damage to streets, landscaping and other improvements. Off-street trenches shall not be excavated wider than necessary for the installation of the electrical appurtenances. Excavation shall not be performed until immediately before installing of conduits. The material from the excavation shall be placed in a location that will not cause damage or obstruction to vehicular or pedestrian traffic or interfere with surface drainage. Off-street trenches shall be backfilled with the same material that was removed and shall be compacted and shaped to match the surrounding surface. Any in-street trenches will be saw cut and shall be flow-filled. Wheel cuts will not be allowed. All surface materials which is disturbed by trenching and back filling operation shall be restored in kind equal to or exceeding the original condition. All empty conduit runs shall have a#12 A.W.G. solid copper conductor placed inside for locating purposes. In addition, a pull rope shall be left in each conduit after installation. Locating conductor,pull rope, and tape will not be measured and paid separately, but shall be included in the unit price for conduit. Conduit shall always enter a pull box,hand-hole,or any type structure from the direction of the run only. Subsection 613.10 shall include the following: Flow fill will not be paid for separately but included in the cost of the electrical conduit. All conduit installed under the paved roadway shall be installed by Horizontal Direction Boring,or as directed by the Engineer. 6 WELD COUNTY ROAD 60 ''A TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 1 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER Subsection 614.01 of the Standard Specification is hereby revised to include the following: I. SYSTEM DESCRIPTION The required priority control system will employ data-encoded infrared communication to identify the presence of designated priority or probe vehicles. A record of system users by vehicle classification and identification number shall be created. In priority vehicle mode, the data-encoded communication will request the traffic signal controller to advance to and/or hold a desired traffic signal display selected from phases normally available. In probe vehicle mode, no traffic signal priority is requested—only a record of the probe vehicle's presence is generated. The priority control system will consist of a matched system of data-encoded emitters, infrared detectors, detector cable, phase selectors and system software. The emitter will generate an infrared, data-encoded signal. The data-encoded signal will be detected and recognized by the infrared detectors at or near the intersection over a line of sight path of up to 2,500 feet (762m) under clear atmospheric conditions. The phase selector will process the electrical signal from the detector to ensure that the communication(I) is a valid base frequency, (2) is correctly data encoded,and(3) is within user-settable range. If these conditions are met, the phase selector will generate a priority control request(i.e. a green light)for the approaching priority vehicles, or record the presence of approaching probe vehicles by classification and identification number. The system will require no action from the vehicle operator other than to turn the emitter on.The system will operate on a first-come, first-served basis. Higher priority (Command) requests will override lower priority (Advantage) request. The system will interface with most traffic signal controllers and will not compromise normal operation or existing safety provisions. II. MATCHED SYSTEM COMPONENTS The required priority control, data-encoded, infrared communications system will be comprised of five basic matched components: data-encoded emitter, infrared detector, detector cable, phase selector and system software. In addition, a card rack and an electromechanical interface card shall be available if required. To ensure system integrity, operation and compatibility, all components will be from the same manufacturer. The system will offer compatibility with most signal controllers, e.g., electromechanical, NEMA (National Electrical Manufacturers Association), 170. Interfacing to an electromechanical controller may require the use of an interface card. A. Infrared Detector. The detector will change the infrared signal to an electrical signal. It will be located at or near the intersection. It will send the electrical signal,via the detector cable,to the phase selector. B. Detector Cable. The detector cable will carry the electrical signal from the detector to the phase selector. C. Phase Selector. The phase selector will accommodate data-encoded communication and will validate, identify,classify and record the signal from the detector. It will be located within the controller cabinet at the intersection. It will request the controller to provide priority to the requesting vehicle and/or record presence of a probe vehicle. 7 WELD COUNTY ROAD 60 '/Y TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 2 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER D. System Software. The system software will be a Windows 95 compliant program. It supports system configuration and gathering of operational information. E. Card Rack. The card rack will provide simplified installation of a phase selector into controller cabinets that do not already have a suitable card rack. F. Electromechanical Card. The electromechanical card shall provide electrical interface between the phase selector and electromechanical-type traffic controllers. III.SYSTEM COMPONENT SPECIFICATIONS A. Infrared Detector I. The required detector will be a lightweight, weatherproof device capable of sensing and transforming pulsed infrared energy into electrical signals for use by the phase selection equipment. 2. The infrared detector will be designed for mounting at or near an intersection on mast arms, pedestals,pipes or span wires. 3. Each infrared detector will be supplied with mounting hardware to accommodate installation on mast arms. Additional hardware shall be available for span wire installations. 4. The infrared detector design shall include adjustable tubes to enable their reorientation for span wire mounting without disassembly of the unit. 5. The detector will accept infrared signals from one or two directions and will provide single or dual electrical output signal(s). 6. The infrared detector will be available in three configurations: a. Uni-directional with one output channel b. Bi-directional with one output channel. c. Bi-directional with two output channels. 7. The detector will allow aiming of the two infrared sensing inputs for skewed approaches or slight curves. 8. The infrared detector will have a built-in terminal block to simplify wiring connections. 9. The infrared detector will receive power from the phase selector and will have internal voltage regulation to operate from 18 to 37 volts DC. 10. The infrared detector will respond to a clear lens data-encoded emitter at a distance of 2,500 feet (762m) under clear atmospheric conditions. If the emitter is configured with a visible light filter, the detector will respond at a distance of 1800 feet (549m) under clear atmospheric conditions. The noted distances shall be comparable day and night. 8 WELD COUNTY ROAD 60 %TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 3 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER 11. The infrared detector will deliver the necessary electrical signal to the phase selector via a detector cable up to 1,000 feet(305m) in length. B. Detector Cable 1. The detector cable shall deliver sufficient power from the phase selector to the infrared detector and will deliver the necessary quality signal from the detector to the phase selector over a non- spliced distance of 1,000 feet(305m). 2. The cable will be of durable construction to satisfy the following installation methods: a. Direct burial. b. Conduit and mast arm pull. c. Exposed overhead(supported by messenger wire). 3. The outside diameter of the detector cable will not exceed 0.3 inches(7.62mm) 4. The insulation rating of the detector cable will be 600 volts minimum. 5. The temperature rating of the detector cable will be+158 F (+70 C)minimum. 6. The conductors will be shielded with aluminized polyester and have an AWG #20(7x28)stranded and individually tinned drain wire to provide signal integrity and transient protection. 7. The shield wrapping will have a 20% overlap to ensure shield integrity following conduit and mast arm pulls. 8. The detector cable will have four conductors of AWG #20 (7x28) stranded, individually tinned copper,color-coded insulation as follows: a. Orange for delivery of detector power(+). b. Drain wire for detector power return(-). c. Yellow for detector signal #1. d. Blue for detector signal#2 or ground,depending on model. 9. The Characteristic impedance of the detector cable shall be:0.6ohms/1000'; 14.3uF/1000' C. Phase Selector 1. The phase selector,designed to be installed in the traffic controller cabinet, will accommodate data encoded signals and is intended for use directly with numerous controllers. These include California/New York Type 170 controllers with compatible software, NEMA controller, or other controllers along with the system card rack and suitable system interface equipment and controller software. 2. The phase selector will be in the plug-in, two or four channel, multiple-priority device intended to be installed directly into a card rack located within the controller cabinet. 3. The phase selector will be powered from 115 volt(95 volts AC to 135 volts AC), 60Hz mains and will contain an internal,regulated power supply that supports up to twelve infrared detectors. 9 WELD COUNTY ROAD 60 %z TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 4 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER 4. Programming the phase selector and retrieving the data stored in it will be accomplished using an IBM PC compatible computer and the system interface software. The connection can be made either directly, via the computer's communication (COM) port, or remotely via a modem. The communication port on the phase selector will be an RS232 interface located on the front and back of the unit. 5. The phase selector will have the capability of storing up to 1000 of the most recent priority control calls, probe frequency passages, or unauthorized vehicle occurrences. When the log is full, the phase selector will drop the oldest entry to accommodate the new entry. The phase selector will store the record in nonvolatile memory and will retain the record if power terminates. Each record entry will include ten points of information about the priority call,as follows: a. Classification: Indicates the type of vehicle. b. Identification number: Indicates the unique ID number of the vehicle. c. Priority level: Indicates whether Command or Advantage priority, or Probe frequency is requested by the vehicle. d. Direction: Channel A, B,C,or D; Indicates the vehicle's direction of travel. e. Call duration: Indicates the total time in seconds the priority status is active. f. Final greens at end of call: Indicates which phases are green. g. Duration of final greens: Indicates the total time of priority greens. h. Time and date call ended: Indicates the time a priority status ended; provided in second, minute, hour,date, month,and year. i. Maximum signal intensity: Indicates the strongest signal intensity measured by the phase selector during call. j. Priority output active: indicates if the phase selector requested priority from the controller for the call. 6. The phase selector will include several control timers that will limit or modify the duration of a priority control condition, by channel, and can be programmed from an IBM PC-compatible computer. The control timers will be as follows: a. MAX CALL TIME: Will set the maximum time a channel is allowed to be active. It will be settable from 120 to 65,535 seconds in one-second increments. Its factory default must be the maximum time. b. CALL HOLD TIME: Will set the time a call is held on a channel after the priority signal is no longer being received. It will be settable from one to 255 seconds in one-second increments. Its factory default must be six seconds. c. CALL DELAY TIME: Will set the time a call must be recognized before the phase selector activates the corresponding output. It will be settable from zero to 255 seconds in one- second increments. Its factory default must be zero seconds. 7. The phase selector's default values shall be re-settable by the operator using an IBM PC- compatible computer,or manually using switches located on its front. 8. The phase selector will be capable of three levels of discrimination of data-encoded infrared signals,as follows: a. Verification of the presence of the base infrared signal of either 14.03509Hz + 0.01773Hz for Command priority, 9.63855Hz + 0.00836Hz for Advantage priority or 11.25873Hz + 0.01141 Hz for Probe frequency. b. Validation of the infrared signal data-encoded pulses. 10 WELD COUNTY ROAD 60 %3 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 5 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER c. Determination of when the vehicle is within the prescribed range. 9. The phase selector's card edge connector will include primary infrared detector inputs and power outputs. Two additional detector inputs per channel will be provided on a front panel connector. 10. The phase selector will include on opto-isolated NPN output per channel that provides the following electrical signal to the appropriate pin on the card edge connector: a. 6.25Hz+0.1 Hz 50%on/duty square wave in response to an Advantage priority call. b. A steady ON in response to a Command priority call. 11. The phase selector will accommodate three methods for setting intensity thresholds(emitter range) for high and low priority signals: a. Using a data-encoded emitter with range-setting capability. b. Using any encoded emitter by manipulating the front panel switches. c. Inputting the range requirements via the communication port. 12. The phase selector will have a solid state POWER ON LED indicator that flashes to indicate unit diagnostic mode and illuminates steadily to indicate proper operation. 13. The phase selector will have internal diagnostics to test for proper operation. If a fault is detected, the phase selector will use the front panel LED indicators to display fault information. 14. The phase selector will have a Command (High) and Advantage (Low) solid state LED indicator for each channel to display active calls. 15. The phase selector will have a test switch for each channel to test proper operation of Command or Advantage priority. 16. The phase selector will properly identify a Command priority call with the presence of 10 Advantage priority data-encoded emitter signals being received simultaneously on the same channel. 17. The phase selector will have write-on pads to allow identification of the phase and channel. 18. The phase selector shall provide one isolated confirmation light control output per channel. These outputs are user configurable through software for a variety of confirmation light sequences. 19. The NEMA model of the phase selector shall have outputs for the control of NEMA controllers that lack internal preemption capability. This function shall be accomplished through the use of Manual Control Enable, Interval Advance,and Phase Omit options. 20. The phase selector shall have the capability of recording the presence of a vehicle transmitting at the specified Probe frequency. The phase selector shall at no time attempt to modify the intersection operation in response to the Probe frequency. 21. The phase selector shall have the capability of providing Advantage priority in a mode where the output to the controller is gated or controlled by timing relationships within the controller cycle. 11 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 6 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER 22. The phase selector shall have the capability to assign a relative priority to a call request within Command or Advantage priority.This assignment is based on the received vehicle class. 23. The phase selector shall have the capability to discriminate between individual ID codes, and allow or deny a call output to the controller based on this information. 24. The phase selector shall have the capability to log call requests by unauthorized vehicles. 25. The phase selector shall have the ability to command an emitter to relay a received code to the next intersection. 26. The phase selector shall have the capability of functionally testing connected detector circuits and indicating via front panel LEDs non-functional detector circuits. 27. The phase selector shall incorporate a precision real time clock synchronized to the utility AC power line frequency. 28. An auxiliary interface panel shall be available to facilitate interconnections between the phase selector and traffic cabinet wiring. D. Card Rack 1. The required card rack will provide simplified installation of a phase selector into controller cabinets that do not already have a suitable card rack. 2. The card rack will be factory wired to one connector, located behind the card slot, and a terminal block located next to the phase selector slot, on the front of the card rack. 3. The card rack connector on the front will provide for all connections to the traffic controller. 4. The card rack will provide labeled terminal blocks for connecting the primary infrared detectors to a phase selector. E. Interface Card for Electromechanical Controllers I. The required interface card for electromechanical controllers will provide electrical and logic interface between the phase selector and an electromechanical-type controller. 2. The inputs to the interface card for electromechanical controllers will be connected to the outputs of the phase selector. 3. The outputs of the interface card for electromechanical controllers will be connected to the Hand Control Switch or Police Panel where the dial motor and its self-generated solenoid advance pulses are disconnected from the cam/solenoid assembly and replaced by pulses generated by the action of the Hand Control Switch in the electromechanical-type controller. 12 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 7 REVISION OF SECTION 614 FIRE PREEMPTION UNIT& TIMER 4. The interface card for electromechanical controllers will decode the outputs of the phase selector(s) and advance the controller to the phase that is set for that channel by sensing the traffic controller signal indications. 5. The interface card for electromechanical controllers will have one input to disable the interface card. 6. The interface card for electromechanical controller will include the following switches: a. Channel 1 Green Time: 16-position rotary switch; Controls timing between advance pulses in seconds, when in Phase 1 green. b. Channel 2 Green Time: 16-position rotary switch; Controls timing between advance pulses in seconds,when in Phase 2 green. c. Channel 3 Green Time: 16-position rotary switch; Controls timing between advance pulses in seconds,when in Phase 3 green. d. Channel 4 Green Time: 16-position rotary switch; Controls timing between advance pulses in seconds, when in Phase 4 green. The following components will be needed: 1 EA - Four Channel Phase Selector(Model# 754) 1 EA - Bi-directional Optical Detector(Model #722) 1 EA—Uni-directional Optical Detector(Model #711) Subsection 614.13 of the Standard Specifications is hereby revised to include the following: METHOD OF MEASUREMENT Fire Preemption Unit and Timer shall be measured as one each per intersection direction and shall include the cable, connections, mounting hardware, installation and all other material or work necessary to complete this item. Subsection 614.14 of the Standard Specifications is hereby revised to include the following: BASIS OF PAYMENT Fire Preemption Unit and Timer will be paid for as one each per intersection direction as listed in the bidding documents. Pav Item Pay Unit Fire Preemption Unit and Timer Each 13 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 1 REVISION OF SECTION 614 RADAR DETECTION SYSTEM Subsection 614.08 (m), Intersection Detection System (Radar) is hereby added to the Standard Specification and shall include the following: DESCRIPTION General—This specification sets forth the minimum requirements for a system that detects vehicles on a roadway using aboveground radar presence detector(RPD)equivalent to the Wavetronix SmartSensorTM Matrix. An RPD detects vehicles by transmitting electromagnetic radar signals through the air.The signals bounce off vehicles in their paths and part of the signal is returned to the RPD. The returned signals are then processed to determine traffic parameters. RPDs are not affected by normal weather and environmental conditions such as rain,wind, snow,dust, etc. They also do not require cleaning and can maintain performance over a wide range of ambient temperatures. System Hardware—The radar detection system shall consist of four radar presence detectors at the approach to each leg of the intersection. Each detector shall include all hardware required for power and communication to the traffic signal controller. System Software—The system shall have a method of auto-configuration and manual configuration. The RPD graphical interface shall operate on the Windows operating system and shall include software that displays all configured lanes and the current traffic pattern using a graphical traffic representation. FUNCTIONAL CAPABILITIES Sensor Outputs-The RPD shall present real-time presence data in 10 lanes.The RPD shall support a minimum of 16 zones and a minimum of 16 channels. The RPD shall support user-selectable zone to channel mapping. The RPD shall use AND logic to trigger channels when all selected zones are active. The RPD shall use OR logic to combine multiple zones to a channel output,and shall have channel output extend and delay functionality. The RPD algorithms shall mitigate detections from wrong way or cross traffic.The RPD system shall have fail-safe mode capabilities for contact closure outputs if communication is lost. Detectable Area-The RPD shall be able to detect and report presence in lanes with boundaries as close as 6 ft. (1.8 m)from the base of the pole on which the RPD is mounted.The RPD shall be able to detect and report presence in lanes located within the 140 ft.(42.7 m)arc from the base of the pole on which the RPD is mounted. The RPD shall be able to detect and report presence for vehicles within a 90 degree field of view. The RPD shall be able to detect and report presence in up to 10 lanes. Operating Conditions-The RPD shall maintain accurate performance in all weather conditions, including rain, freezing rain,snow,wind,dust, fog and changes in temperature and light, including direct light on sensor at dawn and dusk. RPD operation shall continue in rain up to I in. (2.5 cm)per hour. The RPD shall be capable of continuous operation over an ambient temperature range of-40°F to 165.2°F(-40°C to 74°C). The RPD shall be capable of continuous operation over a relative humidity range of 5%to 95%(non-condensing). 14 WELD COUNTY ROAD 60 '/z TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 2 REVISION OF SECTION 614 RADAR DETECTION SYSTEM SYSTEM HARDWARE Preassembled Backplate-For each approach to be detected,one RPD corner radar shall be used. Each RPD shall have a traffic cabinet preassembled backplate with the following: •AC/DC power conversion •Surge protection •Terminal blocks for cable landing •Communication connection points The preassembled backplate for the RPD shall be a cabinet side mount or rack mount. Contact Closure Input file Cards-The RPD shall use contact closure input file cards with 2 or 4 channel capabilities.The contact closure input file cards for the RPD shall be compatible with industry standard detector racks. Physical Properties-The RPD shall not exceed 4.2 lbs. (1.9 kg) in weight.The RPD shall not exceed 13.2 in. by 10.6 in. by 3.3 in.(33.5 cm x 26.9 cm x 8.4 cm) in its physical dimensions.All external parts of the RPD shall be ultraviolet-resistant, corrosion-resistant,and protected from fungus growth and moisture deterioration. Enclosure-The RPD shall be enclosed in a Lexan EXL polycarbonate. The enclosure shall be classified"fl" outdoor weatherability in accordance with UL 746C.The RPD shall be classified as watertight according to the NEMA 250 standard. The RPD enclosure shall conform to test criteria set forth in the NEMA 250 standard for type 4X enclosures. Test results shall be provided for each of the following type 4X criteria: • External icing(NEMA 250 clause 5.6) • Hose-down(NEMA 250 clause 5.7) •4X corrosion protection(NEMA 250 clause 5.10) • Gasket(NEMA 250 clause 5.14) The RPD shall be able to withstand a drop of up to 5 ft. (1.5 m)without compromising its functional and structural integrity. The RPD enclosure shall include a connector that meets the MIL-C-26482 specification. The MIL-C-26482 connector shall provide contacts for all data and power connections. Electrical -The The RPD shall consume less than 10 W.The RPD shall operate with a DC input between 10 VDC and 28 VDC.The RPD shall have onboard surge protection. Communication Ports-The RPD shall have two communication ports,and both ports shall communicate independently and simultaneously. Two independent communication ports allow one port to be used for configuration, verification and traffic monitoring without interrupting communications on the dedicated data port. The communication ports shall support a 9600 bps baud rate.The RPD shall support the upload of new firmware into the RPD's non-volatile memory over either communication port.The RPD shall support the user configuration of the following: • Response delay • Push Port 15 WELD COUNTY ROAD 60 'A TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 3 REVISION OF SECTION 614 RADAR DETECTION SYSTEM RADAR DESIGN The RPD shall be designed with a matrix of 16 radars. The matrix of 16 radars enables the sensor to provide detection over a large area and to discriminate lanes. Frequency Stability—The circuitry shall be void of any manual tuning elements that could lead to human error and degraded performance over time. All transmit modulated signals shall be generated by means of digital circuitry,such as a direct digital synthesizer,that is referenced to a frequency source that is at least 50 parts per million(ppm)stable over the specified temperature range, and ages less than 6 ppm per year. Any upconversion of a digitally generated modulated signal shall preserve the phase stability and frequency stability inherent in the digitally generated signal. This specification ensures that, during operation, the RPD strictly conforms to FCC requirements and that the radar signal quality is maintained for precise algorithmic quality. Analog and microwave components within an RPD have characteristics that change with temperature variations and age. If the output transmit signal is not referenced to a stable frequency source, then the RPD is likely to experience unacceptable frequency variations which may cause it to transmit out of its FCC allocated band and thus will be non- y compliant with FCC regulations. 1 The RPD shall not rely on temperature compensation circuitry to maintain transmit frequency stability. Temperature-based compensation techniques have been shown to be insufficient to ensure transmit frequency stability. One reason this type of technique is not sufficient is that it does not compensate for frequency a variations due to component aging. t , The bandwidth of the transmit signal of the RPD shall not vary by more than 1% under all specified operating conditions and over the expected life of the RPD. The bandwidth of an RPD directly affects the measured range of a vehicle.A change in bandwidth causes a direct error in the measured range, i.e., a 5%change in bandwidth would cause a range error of 10 ft. (3 m) for a vehicle at 200 ft. (61 m). If the bandwidth changes by more than 1%due to seasonal temperature variations and component aging, then the RPD will need to be frequently reconfigured to maintain the specified accuracy. Antenna Design—The RPD antennas shall be designed on printed circuit boards. Printed circuit board antennas eliminate the need for RF connectors and cabling that result in decreased reliability. Printed circuit antennas are less prone to physical damage due to their extremely low mass. The vertical beam width of the RPD at the 6 dB points of the two-way pattern shall be 65 degrees or greater. The antennas shall cover a 90 degree horizontal field of view. The sidelobes in the RPD two-way antenna pattern shall be-40 dB or less. Low sidelobes ensure that the performance from the antenna beam widths is fully achieved. 16 WELD COUNTY ROAD 60 V2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 4 REVISION OF SECTION 614 RADAR DETECTION SYSTEM Resolution—The RPD shall transmit a signal with a bandwidth of at least 245 MHz. The bandwidth of the transmit signal translates directly into radar resolution, which contributes directly to detection performance. For example, an RPD that transmits at a low bandwidth will have low radar resolution, which could cause it to count a single vehicle as two vehicles in adjacent lanes. As another example of the adverse effects of low radar resolution, the response from a sign or other radar target in the roadway may spill over into the lanes of travel and desensitize the radar. In order to achieve the specified detection accuracy in a variety of conditions, the unwindowed radar resolution cannot be larger than 2 ft. (0.6 m) at the half-power level, which requires a bandwidth of 240 MHz. The high radar resolution reduces the problem of vehicle responses getting drowned out by brighter vehicles in adjacent lanes and improves performance for moving and stopped vehicles near roadway targets. RF Channels—The RPD shall provide at least 8 RF channels so that multiple units can be mounted in the same vicinity without causing interference between them. Verification—The RPD shall have a self-test that is used to verify correct hardware functionality. The RPD shall have a diagnostics mode to verify correct system functionality. Testing—Each RPD shall be certified by the Federal Communications Commission(FCC) under CFR 47, part 15, section 15.249 as an intentional radiator.The FCC certification shall be displayed on an external label on each RPD according to the rules set forth by the FCC. The RPD shall comply with FCC regulations under all specified operating conditions and over the expected life of the RPD. The RPD shall comply with the applicable standards stated in the NEMA TS 2-2003 standard.Third party test results shall be made available for each of the following tests: • Shock pulses of 10 g, 11 ms half sine wave • Vibration of 0.5 g up to 30 Hz • 300 V positive/negative pulses applied at one pulse per second at minimum and maximum DC supply voltage •Cold temperature storage at-49°F(-45°C)for 24 hours • High temperature storage at I85°F(85°C)for 24 hours • Low temp, low DC supply voltage at-29.2°F(-34°C)and 10.8 VDC • Low temp, high DC supply voltage at-29.2°F(-34°C)and 26.5 VDC • High temp, high DC supply voltage at 165.2°F(74°C)and 26.5 VDC • High temp, low DC supply voltage at 165.2°F (74°C)and 10.8 VDC Manufacturing—The RPD shall be manufactured and assembled in the USA. The internal electronics of the RPD shall utilize automation for surface mount assembly, and shall comply with the requirements set forth in IPC-A- 610C Class 2,Acceptability of Electronic Assemblies. The RPD shall undergo a rigorous sequence of operational testing to ensure product functionality and reliability. Testing shall include the following: • Functionality testing of all internal sub-assemblies • Unit level burn-in testing of 48 hours' duration or greater • Final unit functionality testing prior to shipment Test results and all associated data for the above testing shall be provided for each purchased RPD by serial number, upon request. 17 WELD COUNTY ROAD 60 '1 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 5 REVISION OF SECTION 614 RADAR DETECTION SYSTEM CONFIGURATION Auto-configuration-The RPD shall have a method for automatically defining traffic lanes,stop bars and zones without requiring user intervention.This auto-configuration process shall execute on a processor internal to the RPD and shall not require an external PC or other processor.The auto-configuration process shall work under normal intersection operation and may require several cycles to complete. Manual Configuration-The auto-configuration method shall not prohibit the ability of the user to manually adjust the RPD configuration.The RPD shall support the configuring of lanes, stop bars and detection zones in 1-ft. (0.3-m)increments. When lanes have variable widths or have variable spacing(e.g. gore between lanes),precise resolution is necessary. Windows®Mobile-based Software-The RPD shall include graphical user interface software that displays all configured lanes and the current traffic pattern using a graphical traffic representation.A visual representation of traffic patterns allows an installer to quickly associate specific detections with corresponding vehicles, and it facilitates verification of RPD performance. The RPD shall include the ability to do counting and pulsed channels.The graphical interface shall operate on Windows Mobile, Windows XP,Windows Vista and Windows 7 in the .NET framework. The software shall support the following functionality: •Operate over a TCP/IP connection •Give the operator the ability to save/back up the RPD configuration to a file or load/restore the RPD configuration from a file •Allow the backed-up sensor configurations to be viewed and edited • Provide zone and channel actuation display • Provide a virtual connection option so that the software can be used without connecting to an actual sensor • Local or remote sensor firmware upgradability WARRANTY Warranty—The RPD shall be warranted free from material and workmanship defects for a period of two years from date of shipment. MAINTENANCE AND SUPPORT Maintenance—The RPD shall not require cleaning or adjustment to maintain performance. The RPD shall not rely on battery backup to store configuration information,thus eliminating any need for battery replacement. Once the RPD is calibrated, it shall not require recalibration to maintain performance unless the roadway configuration changes. The mean time between failures shall be 10 years,which is estimated based on manufacturing techniques. Support—The RPD manufacturer shall provide both training and technical support services. Training-The manufacturer-provided training shall be sufficient to fully train installers and operators in the installation,configuration,and use of the RPD to ensure accurate RPD performance. The manufacturer- provided training shall consist of comprehensive classroom labs and hands-on, in-the-field, installation and configuration training. 18 WELD COUNTY ROAD 60 %z TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 6 REVISION OF SECTION 614 RADAR DETECTION SYSTEM Classroom lab training shall involve presentations outlining and defining the RPD, its functions,and the procedures for proper operation. These presentations shall be followed by hands-on labs in which trainees shall practice using the equipment to calibrate and configure a virtual RPD.To facilitate the classroom presentation and handson labs,the manufacturer-provided training shall include the following items: • Knowledgeable trainer or trainers thoroughly familiar with the RPD and its processes • Presentation materials, including visual aids, printed manuals and other handout materials for each student •Computer files, including video and raw data,to facilitate the virtual configuration of the RPD • Laptop computers or Windows CE handheld devices with the necessary software, and all necessary cables, connectors, etc. • All other equipment necessary to facilitate the virtual configuration of the RPD Field training shall provide each trainee with the hands-on opportunity to install and configure the RPD at roadside. Training shall be such that each trainee will mount and align the RPD correctly. Technical Assistance-Manufacturer-provided technical support shall be available according to contractual agreements,and a technical representative shall be available to assist with the physical installation,alignment, and auto-configuration of each supplied RPD. Technical support shall be provided thereafter to assist with troubleshooting,maintenance,or replacement of RPDs should such services be required. Documentation-RPD documentation shall include an instructional training guide and a comprehensive user guide as well as an installer quick-reference guide and a user quick-reference guide. The RPD manufacturer shall supply the following documentation and test results at the time of the bid submittal: • FCC CFR 47 certification(frequency compliance) •CE certification • 1ED 6100-4-5 class 4 test report(surge) INSTALLATION REQUIREMENTS This item shall govern the installation of an aboveground radar presence detector(RPD)equivalent to the Wavetronix SmartSensor Matrix. RPDs can provide accurate, consistent,and reliable presence detections provided they are installed properly. The requirements in this specification are intended to ensure proper RPD installation. Mounting Assembly-The RPD shall be mounted directly onto a mounting assembly fastened to a mast arm, pole or other solid structure. The RPD mounting assembly shall provide the necessary degrees of rotation to ensure proper installation.The RPD mounting assembly shall be constructed of weather-resistant materials and shall be able to support a 20-lb. (9.1-kg) load. Mounting Location-The RPD shall be mounted at a height that is within the manufacturer's recommended mounting heights. The RPD shall be mounted at an offset from the first lane that is consistent with the RPD's minimum offset. The RPD shall be mounted so that at least 20 feet along the farthest lane to be monitored is within the field view of the RPD. The RPD shall be mounted with its cable connector down and shall be tilted so that the RPD is aimed at the center of the lanes to be monitored. Typically, the RPD is tilted off of vertical by 20- 30 degrees. 19 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 7 REVISION OF SECTION 614 RADAR DETECTION SYSTEM The RPD shall be mounted on a vertical signal pole or on the horizontal mast arm. The RPD shall be mounted so that its field of view is not occluded by poles, signs or other structures. RPDs that are mounted within 20 ft. (6.1 m)of each other or that are monitoring the same intersection shall be configured to operate on different RF channels regardless of the pointing direction of the RPDs. It is recommended that the manufacturer be consulted to verify final RPD placement if the RPD is to be mounted near large planar surfaces(sound barrier, building, parked vehicles,etc.)that run parallel to the monitored roadway. Cabling-The cable end connector shall meet the MILC-26482 specification and shall be designed to interface with the appropriate MIL-C-26482 connector. The connector backshell shall be an environmentally sealed shell that offers excellent immersion capability. All conductors that interface with the connector shall be encased in a single jacket,and the outer diameter of this jacket shall be within the backshell's cable O.D. range to ensure proper sealing. The backshell shall have a strain relief with enough strength to support the cable slack under extreme weather conditions. Recommended connectors are Cannon's KPT series,and recommended backshells are Glenair Series 37 cable sealing backshells. The cable shall be the Orion Wire Combo-2204-2002-PVCGY or an equivalent cable that conforms to the following specifications: •The RS-485 conductors shall be a twisted pair. •The RS-485 conductors shall have nominal capacitance conductor to conductor of less than 40 pF/ft at 1 kHz. • The RS-485 conductors shall have nominal conductor DC resistance of less than 16.7 ohms/1000 ft. (304.8 m)at 68°F (20°C). • The power conductors shall be one twisted pair with nominal conductor DC resistance of less than 11.5 ohms/1000 ft. (304.8 m) at 68°F(20°C). • Each wire bundle or the entire cable shall be shielded with an aluminum/mylar shield with a drain wire. The cable shall be terminated only on the two farthest ends of the cable. The cable length shall not exceed 2000 ft(609.6 m) for the operational baud rate of RS-485 communications(9.6 Kbps). If 12 VDC is being supplied for the RPD then the cable length shall not exceed 110 ft. (33.5 m). If 24 VDC is being supplied for the RPD then the cable length shall not exceed 600 ft. (182.9 m). Both communication and power conductors can be bundled together in the same cable as long as the abovementioned conditions are met. In Cabinet Interface Equipment-The RPD shall be installed using the SmartSensor Matrix Preassembled Traffic Cabinet Backplate or an equivalent that provides input power surge suppression, sensor cable surge suppression, AC to DC power conversion(if necessary),and terminal blocks. The surge protection devices shall meet or exceed the EN 61000-4-5 Class 4 specifications. Power Supply- If needed,the RPD shall be installed using the ClickTM 202, Click 204 or an equivalent AC to DC power converter that meets the following specifications: • The power converter shall be power rated at 48 W for temperatures less than 140°F (60°C)with a 5%power decrease for each degree increase up to 158°F (70°C). • The power converter shall operate in the temperature range of to-29.2°F to 165.2°F (-34°C to 74°C). • The power converter shall operate in the humidity range of 5%to 95%at 77°F(25°C)non-condensing. • The power converter shall accept an input voltage of 85 to 264 VAC or 120 to 370 VDC. •The power converter shall operate at an input frequency of 47 Hz to 63 Hz. •The power converter shall produce an output voltage of 24 VDC±4%. 20 WELD COUNTY ROAD 60 '/3 TRAFFIC SIGNAL November 11,2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 8 REVISION OF SECTION 614 RADAR DETECTION SYSTEM •The power converter shall withstand a voltage across its input and output of 3 kV. The power converter shall withstand a voltage across its input and ground of 1.5 kV. • The power converter shall conform to safety standards UL 60950-1 and EN 60950-1 and be certified and tested to meet the limited power source requirement according to clause 2.5. Its output current shall be limited to a maximum current of 4A both under normal and single fault condition; with double/reinforced insulation between its input and output circuits. •The power converter shall conform to EMC standards EN 55022 Class B and EN 61000-3-2, 3. • In brown-out conditions(i.e. <85 VAC input),the output voltage of the power converter shall be less than 1 VDC. •The terminal blocks shall be color-coded insulation displacement terminal blocks. • The terminal blocks shall be prewired to the other in-cabinet equipment so that no wiring other than cable terminations,connecting input power and connecting input file cards shall be required during installation. Input File Cards-The Click 114, Click 112 or an equivalent that meets the following specifications shall be used. •The input file cards shall be compatible with 170,2070,NEMA TS 1, and NEMA TS 2 style input racks. •The input file card shall translate data packets from the RPD into contact closure outputs. • The input file card shall support presence detection. •The input file card shall receive data packets over an RS-485 bus at a baud rate of 9600 bps. •The input file card shall autobaud and auto-detect an RPD over wired and wireless communication channels that have a maximum latency of 500 ms. • The input file card shall comply with the NEMA TS 2-1998 Traffic Controller Assemblies with NTCIP Requirements(Section 2.8 specification). METHOD OF MEASUREMENT Subsection 614.13 of the Standard Specifications is hereby revised to include the following: Paragraph added: No separate measurement and payment for RPD, power converter, mounting brackets, wiring, software or any other materials or labor necessary to provide a fully functional radar detection system will be made. BASIS OF PAYMENT Payment will be full compensation for all work necessary to complete this item. Payment will be made under: Pay Item Pay Unit Intersection Detection System(Radar) Each 21 WELD COUNTY ROAD 60 ''TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Division's estimate for force account items included in the Contract.The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at$5,000 or less,that must be performed by a licensed journeyman in order to comply with federal, state, or local codes,may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Quantity Amount F/A Electric Service 1 F.A. $10,000.00 F/A Minor Contract Revisions 1 F.A. $20,000.00 Force Account Descriptions: F/A Electric Service—This force account shall be used to compensate utility companies and third parties only. The contractor shall be responsible for coordination with the local power company to provide electrical service to the signal system. F/A Minor Contract Revisions—This force account shall be used to compensate the contractor for unforeseen work items which may become necessary to complete the project. The Project Engineer, Project Inspector,and the contractor shall agree upon compensation amounts prior to any additional work item being constructed. 22 WELD COUNTY ROAD 60 %z TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 1 TRAFFIC CONTROL PLAN-GENERAL The key elements of the Contractor's method of handling traffic (MHT)are outlined in subsection 630.08. The components of the Traffic Control Plan for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (2) Standard Plan S-630-1,Traffic Controls for Highway Construction. (3) Schedule of Construction Traffic Control Devices and Construction Traffic Control Plans included in the plans for this project. (4) Tabulation of Traffic Control Devices This project includes restrictions to work times and days that affect traffic during peak traffic times and days, holidays, holiday evenings,holiday weekends,and other circumstances as described in this special provision. Wherever other laws,ordinances, regulations,or orders are more restrictive,they shall take precedence over these requirements. All lane closures shall be subject to the approval of the Engineer. Each lane closure request shall be made at least 48 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized continuously for the purpose for which they were set up. The Contractor shall coordinate and cooperate fully with the Department, utility owners,and other contractors,to assure adequate and proper traffic control is provided at all times. The Contractor shall coordinate and cooperate fully with any others providing traffic control for other operations to assure that work or traffic control devices do not interfere with the free flow of traffic except as allowed by the Traffic Control Plan. Excavations or holes shall be filled in or fenced at the Engineers direction when unattended. During non- construction periods(nights,weekends, holidays, etc.),all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic,as detailed in the Contractor's MHT. Special Traffic Control Plan Requirements. The Contactor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety,access,or the flow of traffic. The Contractor shall not have construction equipment nor materials in the lanes open to traffic nor parked or stored within the clear zone adjacent to active lanes of travel at any time. Materials or equipment stored within the right-of-way outside of the clear zone shall be as designated by the Contractor and approved by the Engineer.The Contractor's and employee's vehicles shall be parked in a safe place away from active traffic and shall not directly access roadways except at designated locations. If required,the Contractor shall provide suitable transportation to and from work sites for personnel. The Contractor shall provide speed reduction signage during construction operations when trucks are scheduled on site. The Contractor shall schedule trucks to the site in off-peak hours, if possible, and limit trucks entering and exiting the shoulder. 23 WELD COUNTY ROAD 60 'h TRAFFIC SIGNAL November 11, 2014 WCR 601/2 AT WCR 47 PROJECT NO.: GR-20 2 TRAFFIC CONTROL PLAN—GENERAL Work performed and material placed that interferes with traffic during the times and in the locations that the roadway is specified to remain open will not be paid for unless the work is directed by the Engineer to be done during those times. RESTRICTED WORK TIMES FOR DETOURS The proposed Weld County Parkway and WCR 60.5 intersection will be constructed using a proposed closure and detour of WCR 60.5 east of WCR 47. The maximum length of closure and detour is 60 calendar days to complete this work. The traffic signal contractor shall schedule their work to take place during this same time period. CONSTRUCTION The Contractor shall submit an MHT,all appropriate Traffic Control Supervisor and Flagger documentation to the Engineer prior to approval of the setting any traffic control device. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project, including any additional traffic/pedestrian control. During the construction of this project,traffic shall use the present traveled roadway. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless otherwise approved by the Engineer. All personnel vehicle parking is prohibited where it conflicts with safety,access or flow of traffic. The Contractor shall Maintain open communication with the Project Engineer about all aspects of the daily and weekly work schedule. All construction traffic control devices including signs installed as part of this project shall be installed,as stated in the Traffic Plans and CDOT's M& S Standards. Construction signing shall be removed unless work is in progress or devices have been left on the job site.This work shall be included in the price of the traffic control devices. All portable signs shall be removed at the end of each working day, and shall not block or impede other existing traffic control devices,or sidewalks for pedestrians, disabled persons or bicycles. The Contractor shall equip its construction vehicles with flashing amber lights. Flashing lights on vehicles shall be visible from all directions. The Contractor shall maintain access to all roadways, side streets,walkways, bike paths and driveways at all times unless otherwise directed by the Engineer. The Contractor shall maintain continuous access through the project for pedestrians, bicycles and disabled persons. When the existing access route is disrupted by construction or construction related activities,a temporary access shall be provided.All pedestrian access shall be delineated through the work area using proper channelizing devices. Traffic control devices shall not be stored on project site. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. 24 WELD COUNTY ROAD 60 V2 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 1 UTILITIES The following table includes contacts that can assist in locating private owned facilities. Please note CDOT is now affiliated with UNCC. For additional assistance,call 303-365-7312. UTILITY OWNER/ADDRESS CONTACT/EMAIL PHONE/FAX Poudre Valley REA(Electric) Bryant Pangrac 970-282-6433 7649 REA Pkwy BPangrac@PVRea.com Fort Collins,CO 80258 XCEL Energy,(Synergetic) Kevin Chamberlain 970-663-9973 200 E.7th St,Suite 300 Kevin.Chamberlain@xcelenergy.com Loveland,CO 80537 Century Link(Qwest) Carson Ortega 970-392-4837 2505 1s`Ave Carson.Ortega@gwest.com Greeley,CO 80631 U.S. Sprint/Ericsson Services Richard Wolf 720-318-9428 9800 E. Easter Ave,Unit 160 Richard.Wolf@Ericsson.com Englewood,CO 80112 Central Weld Water District Stan Linker 970-352-1284 2235 2"d Ave Stan@CWCWD.com Greeley,CO 80631 North Weld Water District Greg Carroll 970-356-3020 32825 CR 39 GregC@NWCWD.org Lucerne,CO 80646 Atmos Energy Jerry Adams 970-304-2075 3026 4th Ave. Jerry.Adams@Atmosenergy.com Greeley,CO 80631 DCP Midstream Lewis Hagenlock 970-378-6351 1324 North 7'h Ave LDHagenlock@DCPmidstream.com Greeley,CO 80631 Kerr-McGee/Andarko Tim Bates 303-655-4352 635 7th Ave. Tim.Bates@Andarko.com Brighton,CO 80601 XCEL Energy Dean Gebhardt 970-225-7851 4200 South Country Rd 15H AIan.D.Gebhardt@xcelenergy.com Loveland,CO 80537 Kinder Morgan Gas(CIG) Stephen Bacon 719-520-4713 P.O. Box 1087 Steve Bacon@Kindermorgan.com Colorado Springs,CO 80944 Noble Energy Sean Casper 970-785-5058 804 Grand Ave. SCasper@Nobleenergyinc.com Platteville,CO 80651 Petroleum Development Corp.(PDC) Mark Alessi 970-420-1661 1775 Sherman Street#3000 MAlessi@PETD.com Denver,CO 80203 Merit Energy Company Mark Alessi 970-420-1661 [Bought by PDC] MAlessi@PETD.com 25 WELD COUNTY ROAD 60 '/2 TRAFFIC SIGNAL November 11, 2014 WCR 60 1/2 AT WCR 47 PROJECT NO.: GR-20 2 UTILITIES UTILITY OWNER/ADDRESS CONTACT/EMAIL PHONE/FAX Monago Operating(Pipeline) 970-356-0878 12 Dos Rios Greeley,CO 80634-950 Front Range Pipeline Tana Compton 720-399-5690 8591 Prairie Trail Drive,Suite C600 TanaCompton@summitresourcesland.com Englewood,CO 80112 Ogilvy Ditch Company Don Wacker 970-371-5322 822 7th Street,STE 760 Greeley,CO 80631 The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.11 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. Also, in accordance with the plans and specifications, and as directed by the Engineer,the Contractor shall keep each utility owner advised of any work being done to its facility, so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. GENERAL: 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 (8-1-1)or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The locations of utility facilities as shown on the plan sheets, and herein described,were obtained from the best available information. The Contractor shall coordinate the work with the owners of the utilities impacted by the work.Coordination with utility owners includes, but is not limited to, staking construction features,providing and periodically updating an accurate construction schedule which includes all utility work elements, providing written notification of upcoming required utility work elements as the construction schedule indicates,allowing the expected number of working days for utilities to complete necessary relocation work, conducting necessary utility coordination meetings,and all other necessary accommodations as directed by the Project Engineer. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the utility owner. Prior to excavating or performing any earthwork operations,the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction.The Contractor shall modify construction plans to avoid existing underground facilities as needed, and as approved by the Engineer. The Contractor shall provide traffic control for any utility work expected to be coordinated with construction,as directed by the Project Engineer. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. 26 February 3, 2011 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature(including corporate title)on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106.13, delete the second paragraph and replace it with the following: The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature(including corporate title)on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. October 31, 2013 1 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re-sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer,the Department will then re-sample and re-test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. January 30, 2014 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. { 1 p5 y6 January 30, 2014 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b)shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified. February 3, 2011 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107.15(c)and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. 1 August 19, 2011 REVISION OF SECTION 108 CRITICAL PATH METHOD Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Bar Chart or Initial Schedule shall be submitted at least 10 working days prior to the start of the work. The Engineers review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer In subsection 108.03(c), delete the third paragraph. May 2, 2013 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 January 31, 2013 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract.The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as"specialty items" may be performed by subcontract. The cost of"specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. • May 5, 2011 • REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109.10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond, insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c)for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1)or(5)above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items(1)through (7)as compensation for items for which no specific allowance is provided, including profit and home office overhead. February 3, 2011 1 REVISION OF SECTION 109 MEASUREMENT OF QUANTITIES Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01, delete the 171h 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. February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete(13)and (17)and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601of the Standard Specifications are hereby revised for this project as follows: In subsection 601.12(a)delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP)to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable, work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP. The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a)delete the fourth paragraph. July 28, 2011 1 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.09, delete(h)and replace with the following: (h)Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless specified in the plans, forms shall remain in place for members that resist dead load bending until concrete has reached a compressive strength of at least 80 percent of the required 28 day strength, 0.80f c. Forms for columns shall remain in place until concrete has reached a compressive strength of at least 1,000 psi. Forms for sides of beams, walls or other members that do not resist dead load bending shall remain in place until concrete has reached a compressive strength of at least 500 psi. Forms and supports for cast-in-place concrete box culverts(CBCs)shall not be removed until the concrete compressive strength exceeds 0.6 f,,for CBCs with spans up to and including 12 feet, and 0.67 c for CBCs with spans exceeding 12 feet but not larger than 20 feet. Forms for CBCs with spans larger than 20 feet shall not be removed until after all concrete has been placed in all spans and has attained a compressive strength of at least 0.80f c. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre-pour conference, the Contractor shall submit the method of determining the structure's strength and the location where information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters,the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meter and wire. . At a minimum a maturity meter will be placed at the mid-span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the forms can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove forms. When field operations are controlled by information cylinder tests or maturity meter, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to have the required compressive strength. Forms for median barrier, railing or curbs, may be removed at the convenience of the Contractor after the concrete has hardened. All forms shall be removed except permanent steel bridge deck forms and forms used to support hollow abutments or hollow piers when no permanent access is available into the cells. When permanent access is provided into box girders, all interior forms and loose material shall be removed, and the inside of box girders shall be cleaned. July 28, 2011 2 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL In subsection 601.11, delete (e) and replace with the following: (e)Falsework Removal. Unless specified in the plans or specifications, falsework shall remain in place until concrete has attained a minimum compressive strength of 0.80f c. Falsework supporting any span of a simple span bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has attained a compressive strength of at least 0.80f c. Falsework supporting any span of a continuous or rigid frame bridge shall not be released until after all concrete, excluding concrete above the bridge deck, has been placed in all spans and has attained the compressive strength of at least 0.80f c. Falsework for arch bridges shall be removed uniformly and gradually, beginning at the crown, to permit the arch to take its load slowly and evenly. Falsework supporting overhangs and deck slabs between girders shall not be released until the deck concrete has attained a compressive strength of at least 0.80f c. Falsework for pier caps which will support steel or precast concrete girders shall not be released until the concrete has attained a compressive strength of at least 0.80f c. Girders shall not be erected onto such pier caps until the concrete in the cap has attained the compressive strength of at least 0.80fc. Falsework for cast-in-place prestressed portions of structures shall not be released until after the pre-stressing steel has been tensioned. Concrete compressive strength shall be determined using information concrete cylinders or by maturity meters. At the pre-pour conference, the Contractor shall submit the method of determining the structure's strength and the location that information cylinders will be taken or maturity meters placed. If information cylinders are used they shall be cast by the Contractor and cured in the same manner as the structure. A set of information cylinders shall be taken for each concrete placement on the structure. A set of information cylinders shall be taken for any load of concrete that is being placed at the mid-span of beams and at support locations and other locations as directed by the Engineer. Casting of the information cylinders will be witnessed by the Engineer. The information cylinders shall remain in the molds and cured in the same manner as the structure until they are tested in the laboratory by the Engineer. Compressive strength shall be determined using the compressive strength of at least two information cylinders. The Contractor shall be responsible for protecting the information cylinders from damage. Prior to placement of concrete whose strength will be determined with maturity meters, the Contractor shall provide the Engineer a report of maturity relationships in accordance with CP 69. The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. At a minimum a maturity meter will be placed at the mid-span of beams and at support locations. Placement shall be as directed by the Engineer. For structures with multiple sets of information cylinders or maturity meters, the lowest compressive strength shall determine when the falsework can be removed. Acceptance cylinders shall not be used for determining compressive strength to remove falsework. July 29, 2011 • REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1. When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17 (b), 601.17 (d) and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time, that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design, the load can be adjusted with a water reducer, or by adding water(if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch, the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 PAY FACTORS Percent Total Air Strength Deviations Below Below From Pay Specified Pay Specified Specified Factor Strength(psi) Factor Strength(psi) Air (Percent) I <4500 psi (Percent) ] ≥4500 psi (Percent) Concrete] Concrete] 0.0-0.2 98 1-100 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0,7-0.8 84 301-400 84 301-400 0.9-1.0 75 401-500 75 401-500 Over 1.0 Reject _ Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject _ Over 1000 • January 30, 2014 1 REVISION OF SECTIONS 613 AND 715 LED ROADWAY LUMINAIRE Sections 613 and 715 of the Standard Specifications are hereby revised for this project as follows: In subsection 613.02, delete(e)and replace with the following: (e) Luminaire. A complete luminaire includes the housing, lens, Light Emitting Diode(LED) luminaire, luminaire housing, driver or power generator, slip-fitting clamp or approved manufacturer mounting, all necessary internal wiring, and photoelectric control. Luminaires shall operate at either 120 VAC, 60 Hz or 277 VAC, 60 Hz. Luminaires shall meet electrical utility company requirements. In subsection 613.02(i), delete(4), (6), (7)and (8)and replace with the following: (4) Luminaire manufacturer'sproduct information including data in Illuminating Engineering Society of North America(IESNA)format, IESNA photometric distribution type for vertical and lateral distribution (example: B2- UO-G1, Type III), and a photograph or line drawing (6) Luminaire Lumen Range (7) LED Driver or Power Supply (8) Lighting Control Centers and Photoelectric Control Devices Subsection 613.02 shall include the following: (j) LED Luminaire Warranty. The Contractor shall ensure that the LED Roadway Luminaire has a minimum warranty of 10 years for all parts, materials and shipping required to repair or replace the luminaire. The Contractor shall provide the manufacturer's warranty to the Engineer prior to installing the luminaire. The warranty shall cover all failures including: (1) Failure in luminaire housing,wiring, connections, drivers and photoelectric control devices. (2) More than 10 percent decrease in lumen output (3) Significant change in color The warranty shall begin upon the date the Contractor receives the luminaire. The bill of lading shall be provided to the Engineer prior to final payment of the lighting. (k) Technical Support. During the warranty period, technical support shall be available from the manufacturer via telephone within 24 hours of the time the call is made from the Contractor, and this support shall be made available from factory certified personnel or factory certified installers at no additional charge to the Department. In subsection 613.06, delete the first paragraph and replace with the following: 613.06 Luminaires and Lamps. Roadway Luminaires shall be mounted on the mast arm by a slip-fitter clamp or other approved device. Luminaires shall be adjusted vertically and horizontally to provide the required orientation and maximum light distribution on the roadway and to meet Illuminating Engineering Society of North America (IESNA)TM-15 uplight rating of U0. In subsection 613.06, delete the fourth paragraph and replace with the following: Luminaires of the specified type and lumen output shall be installed as shown on the plans. The type and lumen output shall be marked on each luminaire or pole in accordance American National Standards Institute (ANSI) specifications.ANSI approved tags shall be provided and installed by the Contractor. January 30, 2014 2 REVISION OF SECTIONS 613 AND 715 LED ROADWAY LUMINAIRE Subsection 613.12 shall include the following: Pay Item Pay Unit Luminaire(LED) (_Lumens) Each In subsection 715.04(a), delete 2. and 4. and replace with the following: 2. Optical Chamber. The luminaire distribution shall be equal to or less than an Illuminating Engineering Society of North America(IES)TM15-11 Backlight Uplight and Glare(BUG) ratings listed below in Table 715-1 based on initial lumens or Light Loss Factor(LLF) = 1.0. Roadway luminaires with a U value greater than U0 shall not be accepted. The optical chamber shall be completely sealed from the housing, or the housing shall be completely sealed. A seamless one piece memory-retentive gasket shall seal the optical chamber or housing against the luminaire lens door. All wires entering the optical chamber shall be gasketed at their point of entry. Socket mountings, rivets used in the construction or support of the reflector system, and all other penetrations into the optical chamber shall be completely sealed. The optical chamber shall be water tight when the luminaire door is closed. Table 715-1 BACKLIGHT, UPLIGHT AND GLARE (BUG)VALUES Luminaire Minimum Initial Backlight (B) Uplight(U) Glare(G) Mounting Luminaire Rating Rating Rating Location Lumen Range Maximum Maximum Maximum Non median- Less than 5,000 B2 U0 G1 mounted 5,000-22,000 B3 U0 G2 Above 22,000* B3 U0 G3 Median-mounted Less than 5,000 B3 U0 G1 5,000-22,000 B4 U0 G2 Above 22,000* B4 U0 G3 *By special application only. 4. Electrical Components. All components shall be Underwriters Laboratory(UL) listed for wet locations or by an Occupational Safety& Health Administration Nationally Recognized Testing Laboratories (OSHA NRTL). Luminaires shall operate from 120 to 277 VAC as specified on the plans or adaptable to the type of power distribution system to be used. All internal wiring and quick disconnects shall be rated for at least 600 VAC and insulated for 302°F. The dimmable driver shall be easily removable from the luminaire housing without the use of tools. The following components shall be in accordance with corresponding sections of ANSI C136.37: (1) Wiring and grounding. (2) Terminal blocks for incoming AC lines. (3) Photocontrol receptacle. (4) Latching and hinging January 30, 2014 3 REVISION OF SECTIONS 613 AND 715 LED ROADWAY LUMINAIRE In subsection 715.04, delete(b)through (e)and replace with the following: (b) Roadway Luminaires. Roadway luminaires shall be LED type with integral driver, fiat lens, aluminum housing, and be UL Listed for wet locations.All luminaires for the project shall be the same type and design unless the plans specify otherwise. (1) The luminaire and all components shall be UL or Intertek Testing Services(ETL) listed for Wet Location and shall have minimum Ingress Protection Rating of IP66. (2) Light source shall be comprised of LED modules connected to a non-integrated driver and ready for connection to a production line luminaire. Luminaires utilizing integrated driver LED light sources, screw- based or panel retrofit products shall not be accepted. (3) The luminaire shall have a Type II or III distribution for non-median mounted luminaires, and Type II, Ill, IV or V for median mounted luminaires. (4) Transmissive optical components shall be applied in accordance with LED manufacturer's Original Equipment Manufacturer(OEM) design guidelines to ensure suitability for the environment in which the luminaire is installed. (5) Luminaires shall utilize an adjustable slipfitter-type mounting system for installation on 1.25-inch (1.66- inch o.d.)to 2-inch (2.375-inch o.d.)outside diameter pipe tenons. Slipfitter shall consist of a two-piece clamp and four 9/16-inch hex bolts. Slipfitter shall allow for a vertical tilt adjustment of±5 percent in order to mount luminaire plumb for a U0 rating. Luminaires shall be equipped with integrated leveling bubble. (6) Access to all internal parts requiring replacement shall not require tools(i.e. "tool-less entry"). (7) The luminaire housing shall be constructed of aluminum alloy. (8) Power Supply/Driver shall be provided in compliance with subsection 715.05(a). Driver must be internal and thermally separated from LED compartment. (9) Dimming photocell receptacle shall conform to(d)below. (10)Luminaire finish shall be corrosion resistant Super triglycidyl isocyanurate (TGIC) polyester powdercoat. Color shall be gray. (i) Powder coat: Super TGIC polyester powder coat 2.5 mil nominal thickness. (ii) Finish shall exceed a rating of 6 per ASTM D1654 after 1000hrs of testing per ASTM B117. (Di) The coating shall exhibit no greater than 30% reduction of gloss per ASTM D523, after 500 hours of QUV testing at ASTM G154 Cycle 6. (11)Effective Projected Area(EPA)for wind-loading calculations shall be no greater than 1.2 square feet. (12)Luminaire weight shall not exceed 45 pounds. (13)Luminaire shall be tested in accordance with IES LM79 and TM21 certifying photometric performance and rated life, respectively. LM79 (performance)and TM21 (predicted life at 55°C)testing shall both be for the same luminaire's operating drive current as specified. (14)Luminaire shall have a maximum Backlight rating as shown in Table 715-1, an Uplight rating of U0, and a maximum Glare rating as shown in Table 715-1. (15)Luminaire system efficacy shall be no less than 68 luminaire lumens per input watt. (16)Luminaire shall have an external label perANSI C136.15 and internal label per ANSI C136.22. January 30, 2014 4 REVISION OF SECTIONS 613 AND 715 LED ROADWAY LUMINAIRE (c) Light Sources. LED luminaires shall not be retrofit to existing luminaire housing; the Contractor shall replace housing along with the luminaire as a single unit. Light sources shall be compatible with dimmable drivers supplied with the luminaires in which they are to be installed.All light sources of a similar type shall be provided by the same manufacturer. LED light sources shall meet or exceed the following requirements: (1) CCT, CRI and Flux: (i) Correlated Color Temperature(CCT)—All LED light sources shall emit white light and have a CCT no less than 2700K nominal and no greater than 4000K nominal in accordance with ANSI C78.277. (ii) Color Rendering Index(CRI)—All LED light sources shall have a minimum Color Rendering Index(CRI) of 70 per the LM79 test results. (iii) Luminous Flux—LED light sources shall not exceed the junction temperature recommended by the LED manufacturer. Luminous flux differences between LEDs shall not exceed 10 percent. (2) LEDs shall have a minimum rated life of 70,000 hours per IES TM-21 at 55°C at the normal operating driver current for the specific luminaire. The lumen output shall be maintained at 70 percent of initial rated lumens (L70)or greater at the rated life of the luminaire. (3) LEDs shall be temperature rated for operation and storage within the range of-40°C to+50°C, and shall withstand low and high frequency vibration (ANSI C136.31 Vibration Level 3G)over the rated life of the light source. (4) Cooling System (i) Mechanical design of protruding external surfaces (e.g. heat sink fins)shall facilitate hose-down cleaning and discourage debris accumulation. (ii) The cooling system must be passive utilizing heat sinks, convection or conduction. (iii) Fans, diaphragms, pumps, or liquids shall not be acceptable. (d) Photocontrol Receptacle. Each roadway luminaire shall be furnished with a multi-contact twist-lock outdoor lighting dimming receptacle per ANSI C136.41. January 30, 2014 5 REVISION OF SECTIONS 613 AND 715 LED ROADWAY LUMINAIRE Delete subsection 715.05 and replace with the following: 715.05 LED Drivers. Led drivers shall conform to the following: (1) Dimming signal protocols are 0-10VDC or Digital Addressable Lighting Interface(DALI). (2) Operating voltage shall be 120/277-volt at 50/60 Hz, and shall operate normally with input voltage fluctuations of t10 percent, consistent with NEMA SSI-1-2010, Electronic Drivers for LED Devices, Arrays or Systems. (3) Minimum Power Factor(PF)shall be 0.90 at full input power and across specified voltage range. (4) Maximum Total Harmonic Distortion (THD)shall be 20 percent at full input power and across specified voltage range. (5) Factory-set drive current shall be 530mA or less unless approved by Engineer. If higher drive currents are proposed, the submittal must be accompanied with IES LM79 and TM21 test results for higher operating drive current. (6) Drivers shall be Restriction of Hazardous Substances(RoHS)compliant. (7) Rated case temperature shall conform to subsection 715.04 (c) 3. (8) All electronics of the power supply and the LEDs shall be protected from all electrical surges with an elevated electrical immunity rating, including but not limited to lightning strikes and stray current in rebar and concrete. Surge protection shall be integral to the LED power supply. (9) Luminaire, including driver, shall consume no more than 4 watts in the off state power. (10) Electrical immunity(including surge protection) (i) Luminaire shall meet the"Elevated" requirements per IEEE C62.41.2 -2002. Manufacturer shall indicate whether failure of the electrical immunity system can possibly result in disconnect of power to luminaire. (11) Electromagnetic interference: Shall comply with Federal Communications Commission (FCC)47 Code of Federal Regulations(CFR)part 15 non-consumer radio frequency interference (RFI) and/or electromagnetic interference(EMI) standards. February 17, 2012 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. May 8, 2014 REVISION OF SECTION 630 RETROREFLECTIVE SIGN SHEETING Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the sixth and seventh paragraphs, including Table 630-1, and replace them with the following: Retroreflective sheeting for all signs requiring an orange background shall be Type VI or Type Fluorescent. Retroreflective sheeting for all signs requiring a yellow background shall be Type Fluorescent. Table 630-1 RETROREFLECTIVE SHEETING TYPES Type VI Sheeting Type IV (Roll-up sign material) Type Fluorescent' Application Work Zone Work Zone Work Zone All Orange Construction X Signs Orange Construction Signs that are used only during X4 X daytime hours for short term or mobile operations Barricades(Temporary) X X Vertical Panels X X Flaggers Stop/Slow Paddle X X Drums2 X X Non-orange Fixed Support X signs with prefix"W" Special Warning Signs X STOP sign (R1-1) YIELD sign (R1-2) WRONG WAY sign (R5-1a) X DO NOT ENTER sign (R5-1) EXIT sign (E5-1a) DETOUR sign (M4-9) or X (M4-10) All other fixed support signs3 X X All other signs used only X X during working hours All other signs that are used only during daytime hours for X Xs X short term or mobile operations 1 Fluorescent Sheeting shall be of a brand that is on the CDOT Approved Products List. 2 Drum Sheeting shall be manufactured for flexible devices. 3 Fixed support signs are defined as all signs that must remain in use outside of working hours. They shall be mounted in accordance with Standard Plan S-630-1. 4 RS 24 only. 5 White only. January 31, 2013 REVISION OF SECTION 630 SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 712 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, vegetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requirements of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow, the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is en ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require en endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER COHTAGT Fred Lautenbach Lautenbach Insurance Agency, LLC ( ,NyEo Ertl (303)798-2534 IFAX odc.,�E13031798-2536 5721 S. Nevada Street ADpiuss,trod@lautenbachinsurance.coat Littleton, CO 80120 INSURER(/)AFFORDING COVERAGE NAIC Y INSURER A:Travelers Property Casualty Co. INSURED INSURER a:Liberty Mutual Insurance iW. L. Contractors, Inc. INSURER C: i 5920 Lamar Street INSURER D: i Arvada, CO 80003 INSURER I: I INMIRER F: COVERAGES CERTIFICATE NUMBER:2015 WC Certificate REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA TYPE OF INSURANCE AOOL SUER p�y EFF PpO(�L P LIR INSR WVD POLICY MUMMER =XI fMAVD UNITS GENERAL LJABIUTY EACH OCCURRENCE S 1,000,000 R TO X COMMERCIAL GENERAL LIABILI TV PREMISES t RENTED S 300,000 R N TEtenca! A 1 CLAIMS-MADE n OCCUR DT-CO-78904627-PRX-14 05/01/2014 05/01/2015 MED EXP(My one person) S 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE'_.IMIT APPLIES PER: PRODUCTS-COMP/OP AGO S 2,000,000 --7 POLICY 17 RCLocI , n S AUTOMOBILE LIABILITY 1 , COMBINED SINGLE LIMrT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALLO'MJED SCHEDULED DT-810-78904627-TZL-14 05/01/2014 05/01/2015 BODILY INJURY(Per accident) S AUTOS AUTOS PROPERTY DAMAGE X HIRED AUTOS x AUTOS ED IPM04011iM) 3 Hiniancrownd S 1,000,000 X UMBRELLA UAB --X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS UAB CLAIMS-MADE AGGREGATE S 5,000,000 OW IX IRETENTIONS 10,000 DTSM-CUP-78904627-TIL-14 05/01/201405/01/2015 3 A WORKERS COMPENSATION X I WO SYATU-I LOIN- ' ANO EMPLOYERS'LIABILITY I SORY LJJITS 1 ER ANY PROPRIETORIPARTNER/EXECVIVE n NIA E.L EACH ACCIDENT S 1,000,000 OFFIC(Mandatory MBERIn NH) EXCLUDED? I J DTR-us-9D562112-IND-13 01/01/2015 01/01/2016 , r {Mandatory In NH) E.L DISEASE•EA EMPLOYEE S 1 000 000 Ityyeti 0eea be under DESCRIPTION OF OPERATIONS blow ,EL DISEASE-POLICY LIMIT 5 1,000,000 B Installation Floater 01-CI-307344-6 01/01/201501/01/2016 Lvrrt: $1,000,000 Transit Limb $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schadula,t corn apace la nqulred) weld County is listed as Addiitonal Insured with regards to the General Liability. A Waiver of subrogation applies to all policies in favor of Weld County. Re: WCR 60.5/47 Traffic Signal W.L. Job No. 2382 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE O SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Board of County Commissioners 1150 "0" Street AUTHORIZED REPRESENTATIVE Greeley, CO 80631 Fred Lautenbach/JENN _ ACORD 25(2010105) O1988-2010 ACORD CORPORATION. All rights reserved. INS02S nnirml m Tir ar.riP 1 mama and Innn aro reniafarard marina of SCfPn MEMORANDUM 1861 ase Date: January 12 2015 COUNTY l To: Trevor Jiricek, Director of General Services From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1400218 BOCC Approval Date January 26,2015 Bids were received and opened on January 8, 2015 for contracted construction of the WCR 60.5/47 Traffic Signal Project. Three bids were received ranging from $231,921.00 to $272,222.00 with the lowest bid submitted by WL Contractors, Inc. from Arvada, Colorado. My Engineer's Estimate for this work was $318,441.00. This work is associated with the ongoing Weld County Parkway Project, and the County has been approved for a grant from DOLA in the amount of$130,000.00. The submitted bids have been reviewed for errors and completeness, and none were noticed. The bid tabulation has previously been submitted for your information. It is my recommendation to award the construction contract to WL Contractors, Inc. for a total amount of $231,921.00. WL Contractors is a general contractor which specializes in this type of work and is well-qualified for this project. This contractor has constructed many traffic signals and also maintains many of the traffic signals for various agencies in the area. If this bid is approved by the BOCC on January 26th, ordering of the traffic signal materials will take place soon thereafter. Construction of the traffic signal is currently anticipated to commence in April, 2015 and will take approximately two months to complete. ,20/S-ONE /-2U -/S EC, 0°72 WELD COUNTY PURCHASING 4' 'S6` 4. 1150 O Street Room #107, Greeley CO 80631 E-mail: mwaltersco.weld.co.us E-mail: reverettAco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 G p u N T Yc Fax: (970) 336-7226 DATE OF BID: JANUARY 8TH, 2015 REQUEST FOR: TRAFFIC SIGNAL WCR 60.5/47 PROJECT DEPARTMENT: PUBLIC WORKS DEPT BID NO: #61400218 PRESENT DATE: JANUARY 12TH , 2015 APPROVAL DATE: JANUARY 26TH, 2015 VENDOR TOTAL WL CONTRACTORS INC $231,921.00 5920 LAMAR STREET ARVADA CO 80003 STURGEON ELECTRIC COMPANY $247,800.00 12150 E. 112TH AVENUE HENDERSON CO 80640 TK CONSTRUCTION US, LLC $272,222.00 2478 PATTERSEN RD. #17 GRAND JUNCTION CO 81505 **ENGINEERING ESTIMATE - $318,441.00 ** Bids are being reviewed by the dept at this time** 2015-0148 I'/,9- C 0 O o ? o o c c 4 o c 0 c c C 0 0 0 0 0 c o 0 0 • 20 o N t ` < ` N d a on o N o c a a co c oo o o C c c o N I w �. 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