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Home My WebLink About20150908.tiff �861 MEMORANDUM E�r �1 � "CO: Clerk to the Board DATE: April 30, 2015 FROM: Cameron Parrott, Public Works Department SUBJECT: BOCC Agenda Item Agreement for Construction Services with Scott Contracting, Inc.for the WCR 49/44 Intersection Improvements Project. Attached are two, duplicate original agreements. Please send one original signed agreement to Public Works. RECEIVED wan COUNTY COMM ON:.Cl M^Frantic\AGENDA memos\Agenda{ameronParroll doc O� do l r 02015-010$CI tC) (le-) I G O07 Z WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY& SCOTT CONTRACTING, INC. WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this (F day of MP� , 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 Scott Contracting, Inc. , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is 6880 S. Yosemite Ct., Ste 150, Centennial, CO. 80112 , hereinafter referred to as "Contractor". WHEREAS,the intersection of WCR 49 and WCR 44 is in need of improvement as a result of increased traffic, (hereinafter referred to as the"Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1500075". The RFB contains all of the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to BID NO#B1500075 Page 28 be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $4,202,986.15, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. BID NO#B1500075 Page 29 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law(C.R.S. 29-1-101 et. seq.) and the TABOR Amendment(Colorado Constitution, Article X. Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity. Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. BID NO*B1500075 81500075 Page 30 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, BID NO#B1500075 Page 31 agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500.000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions,collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations,blanket contractual liability,personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1)the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten(10)days and reinstate the aggregates required; Unlimited defense costs in excess of policy limits; 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 BID NO#B1500075 Page 32 vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Cameron Parrott, Senior Engineer. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five(5)days following delivery to the United States Postal Service,postage prepaid addressed BID NO tt B1500075 Page 33 to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below,where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Scott Contracting, Inc. Attn.: President,Lon Schumacher Address: 6880 S. Yosemite Court, Ste. 150 Address: Centennial, Colorado 80112 E-mail: lon@scottcontracting.com Facsimile: 303.279.0901 Wth copy to: Name: Barton Puryear Position:Corporate Counsel Addressfi880 S. Yosemite Court, Ste 150 Address:Centennial, Colorado 80112 E-mail: barton@scottcontracting.com Facsimile:303.279.0901 County: Name: Cameron Parrott, P.E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: cparrott@weldgov.com Facsimile: (970) 304-6497 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation. laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations. and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or BID NO#81500075 Page 34 degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties. Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so BID NO#B1500075 Page 35 terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. §24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor. it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. §24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications, Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M &S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. (Ogg A IN WITNESS NESS WHEREOF,the parties hereto have signed this Agreement this day of /N 2 . 2015. CONTRACTOR: Scott Contracti ng. Inc. By. `� / L Date: April 27, 2015 Name: Barton Puryear Title: Corporate Counsel BID NO#B1500075 Page 36 WELD COU TY: W. L ATTEST: frAido f. 4 BOARD OF COUNTY COMMISSIONERS Weld Coun y G-lerk to the Boar WELD COUNTY, COLORADO BY0 ../.4-1// 1 / -EA-- Deputy Jerk tote Board arbara Kirkmeyer, C air MAY I 20 lb 1Pf R0�ED A TO F DS 204.0, APPROVED AS TO NCE: .Q G rr\ Controller 61 : 1r1 ,i e 0 Ic I or Depar ment Head APPROV T r ...Y . A,,,, /kept 't0 County Attor Director of General Services BID NO#B1500075 Page 37 0,2D/5-6 9o!Ci) EXHIBIT I BID REQUEST NO. B1500075 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT Fri leAl Ull Yi4 COUNTY March 11, 2015 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. Weld County Public Works REMAINDER RETAINED Division of Engineering P.O. Box 758 ELECTRONICALLY IN TYLER. 1111 H Street Greeley, Colorado 80632 970-304-6496 RageI oY a31 BID NO#B1500075 Page 1 TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Invitation for Bids 3 Instructions to Bidders 4-13 *Bid Proposal 14-15 *Bid Schedule 16-20 *Bid Bond 21 -22 *IRS Form W-9 23 *Anti-Collusion Affidavit (CDOT Form #606) 24 *Bidders List (CDOT Form #1413) 25 *Anticipated DBE Participation Plan (CDOT Form #1414) 26 WELD COUNTY CONTRACT FORMS: *Low Bidder must submit these forms prior to Contract Award. *Notice of Award 27 *Agreement 28-37 *Performance Bond 38-39 *Labor and Materials Payment Bond 40-41 Notice to Proceed 42 Change Order 43-44 Certificate of Substantial Completion 45 Lien Waiver 46 Final Lien Waiver 47 Notice of Acceptance 48 CDOT REQUIRED CONTRACT FORMS: *Low Bidder must submit these forms to Weld County by 4:30 PM the day following the bid opening. Contractor's Performance Capability Statement (CDOT Form #605) 49 Assignment of Antitrust Claims (CDOT Form #621 ) 50 UDBE Commitment Confirmation (CDOT Form #1415) 51 -52 UDBE Good Faith Effort Documentation (CDOT Form #1416) 53-54 Required Provisions for Federal-Aid Construction Contracts (Form FHWA-1273) 55-68 WELD COUNTY PROJECT SPECIAL PROVISIONS: Project Special Provisions Index 69 Project Special Provisions 70-115 CDOT STANDARD SPECIAL PROVISIONS: Standard Special Provisions Index 116-117 Standard Special Provisions 118-223 Current Davis Bacon Minimum Wages Decision 224-230 On the Job Training 231 -233 Partnering Program 234 Special Construction Requirements, Fire Protection Plan 235-236 ADDITIONAL DOCUMENTS: Construction Plan Set Separate Document Subsurface Exploration and Pavement Design Report Separate Document BID NO # B1500075 Page 2 L _std sp• . REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 E cow\ -- Y DATE: MARCH 11 , 2015 (1St ADVERTISEMENT DATE) BID NUMBER: B1500075 DESCRIPTION : WCR 49/44 INTERSECTION IMPROVEMENT PROJECT MANDATORY PRE-BID CONFERENCE DATE: MARCH 18, 2015 BID OPENING DATE: APRIL 1 , 2015 DAVIS BACON DECISION NUMBER: CO150024 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 49/44 INTERSECTION IMPROVEMENT PROJECT The project in general consists of roadway widening and improvements to existing roadways. The project includes but is not limited to the following work items: excavation (38,655 CY), aggregate base course (20,042 TON), concrete pavement (31 ,070 SY), hot mix asphalt paving (8,248 TON ), erosion control, traffic control , construction surveying and other items. This project is a Federal Aid Project, Federal Aid Project No. SHO C030-052, 19063. The "UDBE" goal for this project has been established by CDOT to be 5.0%. The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid package. This form certified that the contractor/proposed subcontractors were in compliance with the Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR 1602.7); we will, however, no longer require certification. For additional information regarding these federal requirements, please refer to: http://www.eeoc.gov/stats/'obpat/elinstruct. html . A mandatory pre-bid conference will be held at 10 :00 a.m., on Wednesday, March 18th, 2015, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building , 1150 O Street Room #107 Greeley CO 80631 until: Wednesday, April 1St, 2015, 10:00 A.M. (Weld County Purchasing Time Clock). PAGES 1 - 13 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. BID NO # B1500075 Page 3 Bids shall include any and all charges for freight, delivery, containers, packaging , less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co. us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid De ivery to We d County — 3 methods: 1 . Email. Emailed bids are preferred . Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email : "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested , you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested , you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631 . Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing . Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing . When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished . All corrections or erasures shall be initialed by the person signing the bid . All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein . All designations and prices shall be fully and clearly set forth . All blank spaces in the bid forms shall be suitably filled in . Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award . Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded . Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1 . , entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. BID NO # B1500075 Page 4 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms Defined : Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction , Section 101 . Familiarization With the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed , local labor conditions and all local , state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued , and copies of each Addendum will be mailed or delivered to each Contract Document holder of record . Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid : Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid : Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified . Any electronic modification should not reveal the amended Bid price, but should provide only the addition , subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of General Services may at his sole discretion, release any Bid at any time. BID NO # B1500075 Page 5 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered . The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten ( 10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County and CDOT as additionally insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and , in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid , Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed . In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder s response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there-under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified , the Bidder shall include in his Bid the cost of all electrical , water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and pro-its on account of cash allowances named in the Bid Documents. BID NO # B1500075 Page 6 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination , satisfy himself of the following : Nature and location of the site where the Work is to be performed . Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C. R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed . If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C. R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C. R.S. §8-17.5-101 et seq. , County, may terminate this Agreement for breach , and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C. R.S. BID NO # B1500075 Page 7 § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C. R.S. § 24-76.5-101 , et seq. , and (c) shall produce one of the forms of identification required by C. R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted and otherwise made available. By acceptance of the bid , Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word , "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C. R.S. 24-72-201 , et seq . , with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq. , as applicable now or hereafter amended . D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied , to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established , including without limitation , laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void . G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. BID NO # B1500075 Page 8 H . Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin , sex, age, or disability in consideration for an award . J . Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill , training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid . L. Termination : County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M . Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. N . Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion . County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion , shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable BID NO # B1500075 Page 9 specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non-Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God , fires, strikes, war, flood , earthquakes or Governmental actions. R. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion , in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis-Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid . The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement BID NO # B1500075 Page 10 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period . The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M . Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non- payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention , County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self- insured retention . County reserves the right to require Successful bidder/Contract Professional to provide a bond , at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration , or types. The successful bidder/Contract Professional shall maintain , at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided , the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person , persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: BID NO # B1500075 Page 11 Workers Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form . Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard , personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured—owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured—owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1 ,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1 ,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1 ,000,000 for bodily injury per person , $1 ,000,000 for bodily injury for each accident, and $1 ,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned , hired, and non-owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following : i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii . Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision ; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional BID NO # B1500075 Page 12 liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided , a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion . Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and CDOT as additionally insured . Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder/Contract Professional . Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. BID NO # B1500075 Page 13 BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention : Trevor Jiricek, Director of General Services Bid Proposal for: WCR 49/44 INTERSECTION IMPROVEMENT PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead , taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub-Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub-Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid . Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated , unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, he must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award . BID NO # B1500075 Page 14 METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified regardless of the amount of the Bid . It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. For any discrepancy between words and figures; the words will control . All mathematics will be checked and the correct total used for determining the low bidder. GENERAL NOTE Buy America Certifications shall be provided prior to installation of any steel or iron products on this project. BID NO # B1500075 Page 15 ITEM BID SCHEDULE: UNIT BID UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION QUANTITY (DOLLARS) (DOLLARS) 201 Clearing and Grubbing LS 1 202 Removal of Pipe EACH 1 202 Removal of Asphalt Mat (Planing) SY 1 ,420 202 Removal of Asphalt Mat (Planing) SY 23,470 (Special) 202 Removal of Pavement Markings SF 12,931 202 Removal of Ground Sign EACH 16 202 Removal of Fence LF 14,362 203 Unclassified Excavation (Complete In CY 38,655 Place) 203 Muck Excavation (Contingency) CY 6,600 203 Proof Rolling HOUR 20 203 Blading HOUR 20 203 Potholing HOUR 60 207 Topsoil CY 2,671 207 Stockpile Topsoil CY 3,145 208 Erosion Log (12 Inch) LF 1 ,324 208 Silt Fence LF 2,962 208 Concrete Washout Structure EACH 2 208 Vehicle Tracking Pad EACH 4 208 Temporary Berm LF 2,000 209 Dust Palliative (Magnesium Chloride) GAL 47,000 BID NO # B1500075 Page 16 ITEM BID SCHEDULE: UNIT BID UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION QUANTITY (DOLLARS) (DOLLARS) 210 Reset Mailbox Structure EACH 1 210 Reset Gate EACH 1 212 Seeding (Native) ACRE 13.5 213 Mulching (Weed Free Hay) ACRE 13.5 213 Mulch Tackifier LB 1 ,350 216 Soil Retention Blanket (Straw/Coconut) SY 25,785 (Landlok CS2 or Equivalent) 216 Turf Reinforcement Mat (Class 2) SY 4,475 (Landlok 450 or Equivalent) 304 Aggregate Base Course (Class 6) TON 31 ,892 403 Hot Mix Asphalt (Grading S) (100) TON 3,167 (PG 64-22) 403 Hot Mix Asphalt (Grading S) (100) SY 8,374 (PG 64-22) 403 Hot Mix Asphalt (Grading SX) (100) TON 946 (PG 64-28) 412 Concrete Pavement (11 Inch) SY 31 ,070 412 Concrete Pavement (11 Inch)(Fast SY 3,000 Track) 420 Geotextile (Reinforcement) SY 9,900 506 Riprap (9 Inch) CY 24 603 18 Inch Reinforced Concrete Pipe LF 320 (Complete In Place) 603 30x19 Inch Reinforced Concrete Pipe LF 472 Elliptical (Complete In Place) 603 18 Inch Reinforced Concrete End EACH 6 Section 603 30x19 Inch Reinforced Concrete End EACH 10 Section Elliptical 607 Fence Barbed Wire with Metal Posts LF 13,974 (Special) BID NO # B1500075 Page 17 ITEM BID SCHEDULE: UNIT BID UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION QUANTITY (DOLLARS) (DOLLARS) 612 Delineator (Type I) EACH 51 612 Delineator (Type II) EACH 51 612 Delineator (Type III) EACH 10 614 Sign Panel (Class II) SF 192 614 Steel Sign Post (2.5x2.5 Inch Tubing) LF 251 614 Rumble Strip LF 48 620 Field Office (Class 2) EACH 1 620 Sanitary Facility EACH 2 621 Detour Pavement SY 8,133 625 Construction Surveying L S 1 626 Mobilization L S 1 627 Pavement Marking Paint (Waterborne) GAL 182 627 Epoxy Pavement Marking GAL 186 627 Preformed Thermoplastic Pavement SF 601 Marking (Word-Symbol) 627 Preformed Thermoplastic Pavement SF 96 Marking (Xwalk-Stop Line) 629 Survey Monument (Type 1A) EACH 1 630 Flagging HOUR 2,500 630 Traffic Control Inspection DAY 60 630 Traffic Control Management DAY 90 630 Barricade (Type 3 M-A) (Temporary) EACH 10 BID NO # B1500075 Page 18 ITEM BID SCHEDULE: UNIT BID UNIT PRICE TOTAL PRICE NO. ITEM DESCRIPTION QUANTITY (DOLLARS) (DOLLARS) 630 Construction Traffic Sign (Panel Size A) EACH 39 630 Construction Traffic Sign (Panel Size B) EACH 10 630 Portable Message Sign Panel EACH 4 630 Drum Channelizing Device EACH 149 630 Drum Channelizing Device (With Light) EACH 50 (Flashing) 630 Concrete Barrier (Temporary) LF 6,200 630 Traffic Cone EACH 100 630 Impact Attenuator (Temporary) EACH 2 • • 700 F/A Minor Contract Revisions F A 1 .0 $ 250,000.00 S 250,000.00 700 F/A Partnering F A 1 .0 $ 5,000.00 $ 5,000.00 700 F/A Fuel Cost Adjustment F A 1 .0 $ 5,000.00 S 5,000.00 700 F/A On-The-Job Trainee HOUR 640 $ 3.00 $ 1 ,920.00 700 F/A ESB Program F A 1 .0 $ 5,000.00 $ 5,000.00 700 F/A Erosion Control F A 1 .0 $ 20,000.00 $ 20,000.00 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS IN TOTAL BID AMOUNT. Total Bid (Dollars): a - - BID NO # B1500075 Page 19 ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109 — Fuel Cost Adjustment. To accept this standard special provision , the bidder must fill in an "X" next to the "YES" below. No Fuel Cost Adjustment will be made die to fuel cost changes for bidders who answer "NO". If neither line is marked , the Department will assume the bidder resects Fuel Cost Adjustments for this project. After the bids are submitted, bidders will not be given any other opportunity to accept or reject the adjustment. YES, I choose to accept Fuel Cost Adjustments for this project. NO, I choose NOT to accept Fuel Cost Adjustments for this project. NOTE: The following are items of work to be completed by Weld County: During Project Construction • Materials Quality Acceptance Testing • Construction Inspection • Erosion Control Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed . The undersigned, by his or her signature, hereby acknowledges and represents that: 1 . The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1500075 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 Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551 -0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 13. BID NO # B1500075 Page 20 BID BOND PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH , that whereas the Principal has submitted the accompanying Bid dated , 2015 for the WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT as set out in the accompanying Bid . WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him , that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified , or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 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 # B1500075 Page 21 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO # B1500075 Page 22 Form WIMO Request for Taxpayer Give Form to the (Rev.August 2013) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Name (as shown on you income tax return) • Business name/disregarded entity name, if different from above CV 15 a Check appropriate box for federal tax classification: Exemptions (see instructions): 0 ❑ IndividuaVsdc proprietor ❑ C Corporation ❑ S Corporation El Partnership [ [ Trust/estate a p Exempt payee code (if any) at t�ja Limited liability company. Enter the tax classification C=C corporation, S-S corporation, P artnersh" ►L] ( Po► P P iP) Exemption from FATCA reporting 0 code (if any) a e [r Other (see instructions)I, 0 F. Address (number, street, and apt. or suite no.) Requester's name and address(optional) i m City, state, and ZIP code 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 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 TIN 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. Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. person► Dale ► General Instructions withholding tax on foreign partners'share of effectively connected income, and 4. Certify that FATCA code(s)entered on this form (if any) indicating that you are Section references are to the Internal Revenue Code unless otherwise noted. exempt horn the FATCA reporting, is correct. Future developments. The IRS has created a page on IRS.gov to information Note. If you are a U.S. person and a requester gives you a form other than Form about Form W-9.at www.rrs.gov/w9. Information about any future developments W-9 to request your TIN, you must use the requester's form if it is substantially affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9. on that page. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. Purpose of Form person it you are: A person who is required to file an information return with the IRS must obtain your • individual who is a U.S. citizen or U.S. resident alien, correct taxpayer identification number (TIN) to report, for example, income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United Slates or under the laws of the United States, transactions, real estate transactions, mortgage interest you paid, acqusrtion or • An estate (other than a foreign estate). a abandonment of secured property, cancellation of debt, or contributions you made • A domestic trust (as defined in Regulations section 301.7701 �. to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien). to Special rules for partnerships. Partnerships that conduct a trade or txrsiness in provide your correct I IN to the person requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from such business. f urther, in certain cases where a I orm W-9 has not been received, 1. Certify that the TIN you are giving is correct (or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certrty that you are not subject to backup withholding, or U.S. person that is a partner in a partnership conducting a trade or business in the 3. Claim exemption from backup withholding it you are a U.S, exempt payee. N United States, provide f am W-9 to the partnership to establish your U.S. status applicable. you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on you share of partnership income. any partnership income horn a ll.S. trade or business is not subject to the Cat. No. 10231X Form W-9 (Rev. 8 2013) BID NO # B1500075 Page 23 COLORADO DEPARTMENT OF TRANSPORTATION Fart-rJErrrlr=r ANTI-COLLUSION AFFIDAVIT Lor:At. I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1 . The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 36. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom- petitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any Intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members. officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Gvnitactor's loin or company name by flair. Title 1 ?rid amino-does firm or company name (II loud verdure ) I ty [dale l Ole Sworn to before me this day of, 20 Notary Public My ccmtnrswon expires NOTE: This document must be signed in ink. CDOT Form 0606 1/02 BID NO # B1500075 Page 24 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name and Number Project Code Proposal Date Contractor Region Subcontractors/Suppliers/Vendors: The bidder must list all firms seeking to participate on the contract. This information is used by the Colorado Department of Transportation (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program . Failure to submit this form may result in the proposal being rejected. Work Proposed DBE Selected Firm Name Email (Select all that apply) (Y/N,) (Y/N) I certify that the information provided herein is true and correct to the best of my knowledge. Name Signature/Initials Title Date Work Proposed Categories: 11. Structural Steel and Steel Reinforcement 21. Clearing. Demolition. Excavation and 1. Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2. Flagging and Traffic Control 13. Landscape and Erosion Control 22. Engineering and Surveying Services 3. Trucking and Hauling 14. Bridge and Bridge Deck Construction 23. Public Relations and Involvement 4. Precast Concrete. Foundations. and 15. Asphalt Paving 24. Piles and Deep Foundations Footings 16. Road and Parking Lot Marking 25. Waste Management and Recycling 5. Concrete Paving. Flatwork and Repair 17. Chip Seal. Crack Seal. Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack Fill 27. Mechanical and HVAC 7. Signs, Signal Installation, and Guardrail 18. Bridge Painting and Coating 28. Tunnel Construction 8. Fencing 19. Stairway and Ornamental Metal 29. Profiling and Grinding 9. Buildings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 30. Environmental Health and Safety 10. Utility. Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us. CD0T Form #1413 01/14 BID NO # B1500075 Page 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project: Contact: Project Code: Phone: Date of Proposal: Email: Contract Goal: Preferred Contact Method: Region: DBE Commitments DBE Firm Name Work to Be Performed Commitment Eligible Amount Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder; you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the following: CDOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation, see the Standard Special Provision Disadvantaged Business Enterprise Requirements. Name Title Signature Date This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms©state.co.us. Civil Rights and Business Resource Center CDOT Form # 1414 01 /14 BID NO # B1500075 Page 26 NOTICE OF AWARD PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT To: Project Description : WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT The project in general consists of roadway widening and improvements to existing roadways. The project includes but is not limited to the following work items: excavation (38,655 CY), aggregate base course (20,042 TON), concrete pavement (31 ,070 SY), hot mix asphalt paving (8,248 TON), erosion control, traffic control, construction surveying and other items. The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of this Notice to you . If you fail to execute said Agreement and to furnish said Bonds within five (5) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 2015 Weld County, Colorado, Owner By: Cameron Parrott, P.E. , Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2015 By: Title: BID NO # B1500075 Page 27 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this day of , 2015, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, the intersection of WCR 49 and WCR 44 is in need of improvement as a result of increased traffic, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the improvements of this intersection , and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein , the parties hereto agree as follows: 1 . Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B ". The RFB contains all of the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Bid . The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with , the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training , diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion , the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to BID NO # B1500075 Page 28 be paid to the Contractor nor change any other term herein . 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and , Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered . 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding , in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein . County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. BID NO # B1500075 Page 29 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1 -101 et. seq . ) and the TABOR Amendment (Colorado Constitution , Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied , to bind County to any agreement, liability or understanding , except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion . County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection , in its reasonable discretion , shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition , all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information . Contractor agrees not to sell , assign , distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11 . Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. BID NO # B1500075 Page 30 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc. , generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied , to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M . Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested . Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond , at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein . The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall , without additional compensation , promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend , indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person , persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contractor in its construction methods or procedures; or in its provisions of the materials required herein , or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation , defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, BID NO # B1500075 Page 31 agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1 ) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as follows: $ 1 ,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1 ,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1 ,000,000 for bodily injury per person , $1 ,000,000 for bodily injury for each accident, and $1 ,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i . If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required ; ii . Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision ; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and BID NO # B1500075 Page 32 vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided , a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured . Waiver of Subrogation : For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional . Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received . 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God , fires, strikes, war, flood , earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Cameron Parrott, Senior Engineer. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed BID NO # B1500075 Page 33 to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Attn . : President, Address: Address: E-mail: Facsimile: With copy to: Name: Position : Address: Address: E-mail: Facsimile: County: Name: Cameron Parrott, P. E. Position: Senior Engineer Address: P.O. Box 758 Address: 1111 H Street, Greeley, CO. 80632-758 E-mail: cparrott@weldgov.com Facsimile: (970) 304-6497 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established , including without limitation , laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21 . Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C. R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or BID NO # B1500075 Page 34 degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board , committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid , illegal, or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied , of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq . , as applicable now or hereafter amended . 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation , execution , and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void . In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101 . Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C. R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed . If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Contractor shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to C. R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq. , County, may terminate this Agreement for breach , and if so BID NO # B1500075 Page 35 terminated , Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C. R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C. R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C. R.S. § 24-76.5-101 , et seq . , and (c) shall produce one of the forms of identification required by C. R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 30. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement. ) 31 . Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 32. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person . Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void . Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2015. CONTRACTOR: By: Date: Name: Title: BID NO # B1500075 Page 36 WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM : County Attorney Director of General Services BID NO # B1500075 Page 37 PERFORMANCE BOND (PAGE 1 OF 2) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B14- 00810. NOW THEREFORE, if the Contractor shall well , truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period , and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. BID NO # B1500075 Page 38 PERFORMANCE BOND (PAGE 2 OF 2) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied . IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 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 # B1500075 Page 39 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) , hereinafter called Contractor, and a (Corporation , Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2015, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void , ; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. BID NO # B1500075 Page 40 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied . IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original , this day of , 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 # B1500075 Page 41 NOTICE TO PROCEED PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT To: Date: Name of Project: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore By Cameron Parrott, P.E. , Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2015. By Title BID NO # B1500075 Page 42 CHANGE ORDER NO. (EXAMPLE) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT Date: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075 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: Cameron Parrott, P. E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: BID NO # B1500075 Page 43 WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller Elected Official or Department Head APPROVED AS TO FORM : County Attorney Director of General Services BID NO # B1500075 Page 44 CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT Owner's Project No: Engineer's Project No: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075. Contractor: Contract For: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075. 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 # B1500075 Page 45 LIEN WAIVER (GENERAL CONTRACTOR) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT TO: Weld County Public Works Attn : Cameron Parrott, P. E. , Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen : For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged , the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction , alteration , addition to or repair of the structures or improvements described in the Contract Documents as: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Invitation for Bids, Bid No. B1500075. 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 # B1500075 Page 46 FINAL LIEN WAIVER (SUBCONTRACTORS) PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT To All Whom It may Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2015, for and in consideration of the sum of (E) Dollars paid simultaneously herewith , the receipt whereof is hereby acknowledged by the undersigned , the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both . (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount actually received and equal to total amount of contract as adjusted . (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth ; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. BID NO # B1500075 Page 47 NOTICE OF ACCEPTANCE PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT TO: Date: RE: PROJECT: WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT described in the Bid No. B1500075. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted . Final payment will be made on or about . Final acceptance does not relieve the Contractor of the minimum one (1 ) year guarantee on all work and materials incorporated into this Project. Such guarantee shall begin on the date of this acceptance. By: Cameron Parrott, P. E. , Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of , 2015. By (Contractor) Title BID NO # B1500075 Page 48 COLORADO DEPARTMENT OF TRANSPORTATION Project # CONTRACTORS PERFORMANCE CAPABILITY STATEMENT 1 . List names of partnerships or joint ventures 11 none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to COOT. (Attach additional sheets if necessary.) a. Key personnel changes p none b. Key equipment changes fl none c. Fiscal capability changes (legal actions, etc.) 11 none d. Other changes that may effect the contractors ability to perform work. p none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name By Date Title 2nd Contractor's firm or company name (if joint venture) By Date Title CDOT Form ##605 1192 BID NO # B1500075 Page 49 '170.1EC;T NO COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder' 1 . Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1 ) Such third party that the antitrust claim has been assigned to CDOT. and (2) CDOT that such civil action is pending and of the date on which; in accordance with subparagraph a (1 ) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder 3. Further. Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor, b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing' (1 ) Such third party that the antitrust claim has been assigned to CDOT. and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b (1 ) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I. acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims Contractor's firm nr eempany name �. .. T Pt 2nd contractor's firm or company name. (If pint vertun:' ) T , COOT Form #621 12/91 BID NO # B1500075 Page 50 COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1 . This section must be completed by the Contractor. Project: Project Code: Bidder/Contractor: Phone: Contact Email: DBE Firm Name: DBE Phone: DBE Address: DBE Email: Commitment Details Commitment Eligible Category Work to be Performed DBE Work Code(s) Amount Participation Construction Trucking Supplies Services Total This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and accurate to the best of your knowledge. Bidder/Contractor Representative Title Signature Date SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary). This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered . Are you contracting directly with the Bidder/Contractor or with one of its subcontractors? If with a subcontractor, provide the firm name. Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. Do you intend to subcontract any portion of the work listed above? If yes, state to which firms, what work and the approximate amount. Include trucking subcontractors and owner-operators. Will you be providing trucking services on this project? If so, state how many of your own trucks and employees you will have on this project. Who within your firm will be supervising and responsible for your firm's work on this project? Will you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. Will you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the items. 1 of 2 CDOT Form # 1415 01/14 BID NO # B1500075 Page 51 This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and have the capacity to perform the work as stated. DBE Representative Title Signature Date See the DBE Standard Special provision for additional information on completing and submitting this form. Pre-award CDOT projects: Submit this form to the CDOT Civil Rights and Business Resource Center via fax to (303)757-9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Pre-award local agency projects: Submit this form to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. 2 of 2 CDOT Form # 1415 01/14 BID NO # B1500075 Page 52 COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1 . Contractor and Project Information Bidder: Project: Address: Project Code: Contact Name: Proposal Amount: Contact Phone: Contract Goal Percentage: Contact Email: Contract Goal Dollar Value: Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts. a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self-perform; how much and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number of DBEs per area. b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach to meeting the contract goal). Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/or communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors, modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2. c. If the eligible participation submitted on the Form 1414 was miscalculated, determined to be invalid, or otherwise did not meet the contract goal, provide your justification for such deficiencies and the remedies you have taken or intend to take to avoid the issue in the future. If you have obtained any additional commitments since submission of the bid, attach the Form 1415(s) and the reason why such commitments were not obtained prior to the proposal due date. Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE participation on this contract. If, at any time, CDOT has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, CDOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31 , Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General for criminal prosecution under 18 U.S.C. 1001 , which prohibits false statements in Federal program. By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached supporting documentation. I, -------, am t h e _ of_----------- Representative Name Title Company I have the authority to make this affidavit for and on behalf of my company. All information provided herein and attached as evidence of my company's good faith efforts is true and accurate to the best of my belief Signature Date Notarization: Must be completed by a licensed notary. County of State of _ SEAL Subscribed and sworn before me this -- day of Notary Signature -- Notary Address _ CDOT projects: Submit this form and all supporting documentation to the CDOT Civil Rights and Business Resource Center via fax to (303)757- 9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Local agency projects: Submit this form and all supporting documentation to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Page 1 of 2 CDOT Form #1416 01 BID NO # B1500075 Page 53 Subcontractor Quote Summary (Attach additional pages if necessary.) DBE Selected Subcontractor Work Type(s) Quote Amount Reason (Y/N) (Y/N) Page 2 of 2 CDOT Form #1416 01 BID NO # B1500075 Page 54 October 31 , 2013 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section I (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. BID NO # B1500075 Page 55 October 31 , 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1 , 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS withholding of progress payments, withholding of final I. General payment, termination of the contract, suspension / debarment II. Nondiscrimination or any other action determined to be appropriate by the III. Nonsegregated Facilities contracting agency and FHWA. IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act 4. Selection of Labor: During the performance of this contract, Provisions the contractor shall not use convict labor for any purpose VI. Subletting or Assigning the Contract within the limits of a construction project on a Federal-aid VII. Safety: Accident Prevention highway unless it is labor performed by convicts who are on VIII. False Statements Concerning Highway Projects parole, supervised release, or probation. The term Federal-aid IX. Implementation of Clean Air Act and Federal Water highway does not include roadways functionally classified as Pollution Control Act local roads or rural minor collectors. X. Compliance with Governmentwide Suspension and Debarment Requirements Xl. Certification Regarding Use of Contract Funds for II. NONDISCRIMINATION Lobbying The provisions of this section related to 23 CFR Part 230 are ATTACHMENTS applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The A. Employment and Materials Preference for Appalachian provisions of 23 CFR Part 230 are not applicable to material Development Highway System or Appalachian Local Access supply, engineering, or architectural service contracts. Road Contracts (included in Appalachian contracts only) In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, I. GENERAL 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI 1 . Form FHWA-1273 must be physically incorporated in each of the Civil Rights Act of 1964, as amended, and related construction contract funded under Title 23 (excluding regulations including 49 CFR Parts 21 , 26 and 27; and 23 CFR emergency contracts solely intended for debris removal). The Parts 200, 230, and 633. contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier The contractor and all subcontractors must comply with: the subcontracts (excluding purchase orders, rental agreements requirements of the Equal Opportunity Clause in 41 CFR 60- and other agreements for supplies or services). 1 .4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity The applicable requirements of Form FHWA-1273 are Construction Contract Specifications in 41 CFR 60-4.3. incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The Note: The U.S. Department of Labor has exclusive authority to prime contractor shall be responsible for compliance by any determine compliance with Executive Order 11246 and the subcontractor, lower-tier subcontractor or service provider. policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have Form FHWA-1273 must be included in all Federal-aid design- the authority and the responsibility to ensure compliance with build contracts, in all subcontracts and in lower tier Title 23 USC Section 140, the Rehabilitation Act of 1973, as subcontracts (excluding subcontracts for design services, amended (29 USC 794), and Title VI of the Civil Rights Act of purchase orders, rental agreements and other agreements for 1964, as amended, and related regulations including 49 CFR supplies or services). The design-builder shall be responsible Parts 21 , 26 and 27; and 23 CFR Parts 200, 230, and 633. for compliance by any subcontractor, lower-tier subcontractor or service provider. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Contracting agencies may reference Form FHWA-1273 in bid Department of Labor (US DOL) and FHWA requirements. proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not 1 . Equal Employment Opportunity: Equal employment referenced) in all contracts, subcontracts and lower-tier opportunity (EEO) requirements not to discriminate and to take subcontracts (excluding purchase orders, rental agreements affirmative action to assure equal opportunity as set forth and other agreements for supplies or services related to a under laws, executive orders, rules, regulations (28 CFR 35, construction contract). 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for BID NO # B1500075 Page 56 October 31 , 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS provisions prescribed herein, and imposed pursuant to 23 applicants for employment and potential employees. U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under e. The contractor's EEO policy and the procedures to this contract. The provisions of the Americans with Disabilities implement such policy will be brought to the attention of Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR employees by means of meetings, employee handbooks, or 35 and 29 CFR 1630 are incorporated by reference in this other appropriate means. contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific 4. Recruitment: When advertising for employees, the requirement activities of EEO: contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such a. The contractor will work with the contracting agency and advertisements will be placed in publications having a large the Federal Government to ensure that it has made every good circulation among minorities and women in the area from faith effort to provide equal opportunity with respect to all of its which the project work force would normally be derived. terms and conditions of employment and in their review of activities under the contract. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct b. The contractor will accept as its operating policy the recruitment through public and private employee referral following statement: sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of "It is the policy of this Company to assure that applicants potential minority group employees, and establish with such are employed, and that employees are treated during identified sources procedures whereby minority and women employment, without regard to their race, religion, sex, color, applicants may be referred to the contractor for employment national origin, age or disability. Such action shall include: consideration. employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or b. In the event the contractor has a valid bargaining other forms of compensation; and selection for training, agreement providing for exclusive hiring hall referrals, the including apprenticeship, pre-apprenticeship, and/or on-the- contractor is expected to observe the provisions of that job training." agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where 2. EEO Officer: The contractor will designate and make implementation of such an agreement has the effect of known to the contracting officers an EEO Officer who will have discriminating against minorities or women, or obligates the the responsibility for and must be capable of effectively contractor to do the same, such implementation violates administering and promoting an active EEO program and who Federal nondiscrimination provisions. must be assigned adequate authority and responsibility to do so. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. 3. Dissemination of Policy: All members of the contractor's Information and procedures with regard to referring such staff who are authorized to hire, supervise, promote, and applicants will be discussed with employees. discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully 5. Personnel Actions: Wages, working conditions, and cognizant of, and will implement, the contractor's EEO policy employee benefits shall be established and administered, and and contractual responsibilities to provide EEO in each grade personnel actions of every type, including hiring, upgrading, and classification of employment. To ensure that the above promotion, transfer, demotion, layoff, and termination, shall be agreement will be met, the following actions will be taken as a taken without regard to race, color, religion, sex, national minimum: origin, age or disability. The following procedures shall be followed: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then a. The contractor will conduct periodic inspections of project not less often than once every six months, at which time the sites to insure that working conditions and employee facilities contractor's EEO policy and its implementation will be do not indicate discriminatory treatment of project site reviewed and explained. The meetings will be conducted by personnel. the EEO Officer. b. The contractor will periodically evaluate the spread of b. All new supervisory or personnel office employees will be wages paid within each classification to determine any given a thorough indoctrination by the EEO Officer, covering all evidence of discriminatory wage practices. major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of c. All personnel who are engaged in direct recruitment for discrimination. Where evidence is found, the contractor will the project will be instructed by the EEO Officer in the promptly take corrective action. If the review indicates that the contractor's procedures for locating and hiring minorities and discrimination may extend beyond the actions reviewed, such women. corrective action shall include all affected persons. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, BID NO # B1500075 Page 57 October 31 , 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of d. In the event the union is unable to provide the contractor alleged discrimination made to the contractor in connection with a reasonable flow of referrals within the time limit set forth with its obligations under this contract, will attempt to resolve in the collective bargaining agreement, the contractor will, such complaints, and will take appropriate corrective action through independent recruitment efforts, fill the employment within a reasonable time. If the investigation indicates that the vacancies without regard to race, color, religion, sex, national discrimination may affect persons other than the complainant, origin, age or disability; making full efforts to obtain qualified such corrective action shall include such other persons. Upon and/or qualifiable minorities and women. The failure of a union completion of each investigation, the contractor will inform to provide sufficient referrals (even though it is obligated to every complainant of all of their avenues of appeal. provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the 6. Training and Promotion: requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations a. The contractor will assist in locating, qualifying, and pursuant to Executive Order 11246, as amended, and these increasing the skills of minorities and women who are special provisions, such contractor shall immediately notify the applicants for employment or current employees. Such efforts contracting agency. should be aimed at developing full journey level status employees in the type of trade or job classification involved. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar b. Consistent with the contractor's work force requirements with the requirements for and comply with the Americans with and as permissible under Federal and State regulations, the Disabilities Act and all rules and regulations established there contractor shall make full use of training programs, i.e., under. Employers must provide reasonable accommodation in apprenticeship, and on-the-job training programs for the all employment activities unless to do so would cause an geographical area of contract performance. In the event a undue hardship. special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the 9. Selection of Subcontractors, Procurement of Materials special provision. The contracting agency may reserve and Leasing of Equipment: The contractor shall not training positions for persons who receive welfare assistance discriminate on the grounds of race, color, religion, sex, in accordance with 23 U.S.C. 140(a). national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases c. The contractor will advise employees and applicants for of equipment. The contractor shall take all necessary and employment of available training programs and entrance reasonable steps to ensure nondiscrimination in the requirements for each. administration of this contract. d. The contractor will periodically review the training and a. The contractor shall notify all potential subcontractors and promotion potential of employees who are minorities and suppliers and lessors of their EEO obligations under this women and will encourage eligible employees to apply for contract. such training and promotion. b. The contractor will use good faith efforts to ensure 7. Unions: If the contractor relies in whole or in part upon subcontractor compliance with their EEO obligations. unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by 10. Assurance Required by 49 CFR 26.13(b): the contractor, either directly or through a contractor's association acting as agent, will include the procedures set a. The requirements of 49 CFR Part 26 and the State forth below: DOT's U.S. DOT-approved DBE program are incorporated by reference. a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed b. The contractor or subcontractor shall not toward qualifying more minorities and women for membership discriminate on the basis of race, color, national origin, or sex in the unions and increasing the skills of minorities and women in the performance of this contract. The contractor shall carry so that they may qualify for higher paying employment. out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the b. The contractor will use good faith efforts to incorporate an contractor to carry out these requirements is a material breach EEO clause into each union agreement to the end that such of this contract, which may result in the termination of this union will be contractually bound to refer applicants without contract or such other remedy as the contracting agency regard to their race, color, religion, sex, national origin, age or deems appropriate. disability. 11 . Records and Reports: The contractor shall keep such c. The contractor is to obtain information as to the referral records as necessary to document compliance with the EEO practices and policies of the labor union except that to the requirements. Such records shall be retained for a period of extent such information is within the exclusive possession of three years following the date of the final payment to the the labor union and such labor union refuses to furnish such contractor for all contract work and shall be available at information to the contractor, the contractor shall so certify to reasonable times and places for inspection by authorized the contracting agency and shall set forth what efforts have representatives of the contracting agency and the FHWA. been made to obtain such information. BID NO # B1500075 Page 58 October 31 , 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS a. The records kept by the contractor shall document the The following provisions are from the U.S. Department of following: Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- (1 ) The number and work hours of minority 1273 format and FHWA program requirements. and non-minority group members and women employed in each work classification on the project; 1 . Minimum wages (2) The progress and efforts being made in cooperation a. All laborers and mechanics employed or working upon with unions, when applicable, to increase employment the site of the work, will be paid unconditionally and not less opportunities for minorities and women; and often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are (3) The progress and efforts being made in locating, hiring, permitted by regulations issued by the Secretary of Labor training, qualifying, and upgrading minorities and women; under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents b. The contractors and subcontractors will submit an annual thereof) due at time of payment computed at rates not less report to the contracting agency each July for the duration of than those contained in the wage determination of the the project, indicating the number of minority, women, and Secretary of Labor which is attached hereto and made a part non-minority group employees currently engaged in each work hereof, regardless of any contractual relationship which may classification required by the contract work. This information is be alleged to exist between the contractor and such laborers to be reported on Form FHWA-1391 . The staffing data should and mechanics. represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job Contributions made or costs reasonably anticipated for bona training is being required by special provision, the contractor fide fringe benefits under section 1 (b)(2) of the Davis-Bacon will be required to collect and report training data. The Act on behalf of laborers or mechanics are considered wages employment data should reflect the work force on board during paid to such laborers or mechanics, subject to the provisions of all or any part of the last payroll period preceding the end of paragraph 1 .d. of this section; also, regular contributions made July. or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be III. NONSEGREGATED FACILITIES constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate This provision is applicable to all Federal-aid construction wage rate and fringe benefits on the wage determination for contracts and to all related construction subcontracts of the classification of work actually performed, without regard to $10,000 or more. skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification The contractor must ensure that facilities provided for may be compensated at the rate specified for each employees are provided in such a manner that segregation on classification for the time actually worked therein: Provided, the basis of race, color, religion, sex, or national origin cannot That the employer's payroll records accurately set forth the result. The contractor may neither require such segregated time spent in each classification in which work is performed. use by written or oral policies nor tolerate such use by The wage determination (including any additional classification employee custom. The contractor's obligation extends further and wage rates conformed under paragraph 1 .b. of this to ensure that its employees are not assigned to perform their section) and the Davis-Bacon poster (WH-1321 ) shall be services at any location, under the contractor's control, where posted at all times by the contractor and its subcontractors at the facilities are segregated. The term "facilities" includes the site of the work in a prominent and accessible place where waiting rooms, work areas, restaurants and other eating areas, it can be easily seen by the workers. time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, b. (1 ) The contracting officer shall require that any recreation or entertainment areas, transportation, and housing class of laborers or mechanics, including helpers, which is not provided for employees. The contractor shall provide separate listed in the wage determination and which is to be employed or single-user restrooms and necessary dressing or sleeping under the contract shall be classified in conformance with the areas to assure privacy between sexes. wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and requested is not performed by a classification in the wage determination; lower-tier subcontracts (regardless of subcontract size). The rmination; and requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. BID NO # B1500075 Page 59 October 31 , 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS (ii) The classification is utilized in the area by the Department of Labor, withhold or cause to be withheld from the construction industry; and contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, (iii) The proposed wage rate, including any bona fide which is held by the same prime contractor, so much of the fringe benefits, bears a reasonable relationship to the accrued payments or advances as may be considered wage rates contained in the wage determination. necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor (2) If the contractor and the laborers and mechanics to be or any subcontractor the full amount of wages required by the employed in the classification (if known), or their contract. In the event of failure to pay any laborer or representatives, and the contracting officer agree on the mechanic, including any apprentice, trainee, or helper, classification and wage rate (including the amount employed or working on the site of the work, all or part of the designated for fringe benefits where appropriate), a report of wages required by the contract, the contracting agency may, the action taken shall be sent by the contracting officer to the after written notice to the contractor, take such action as may Administrator of the Wage and Hour Division, Employment be necessary to cause the suspension of any further payment, Standards Administration, U.S. Department of Labor, advance, or guarantee of funds until such violations have Washington, DC 20210. The Administrator, or an authorized ceased. representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and 3. Payrolls and basic records so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is a. Payrolls and basic records relating thereto shall be necessary. maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers (3) In the event the contractor, the laborers or mechanics and mechanics working at the site of the work. Such records to be employed in the classification or their representatives, shall contain the name, address, and social security number of and the contracting officer do not agree on the proposed each such worker, his or her correct classification, hourly rates classification and wage rate (including the amount of wages paid (including rates of contributions or costs designated for fringe benefits, where appropriate), the anticipated for bona fide fringe benefits or cash equivalents contracting officer shall refer the questions, including the thereof of the types described in section 1 (b)(2)(B) of the views of all interested parties and the recommendation of the Davis-Bacon Act), daily and weekly number of hours worked, contracting officer, to the Wage and Hour Administrator for deductions made and actual wages paid. Whenever the determination. The Wage and Hour Administrator, or an Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that authorized representative, will issue a determination within the wages of any laborer or mechanic include the amount of 30 days of receipt and so advise the contracting officer or will any costs reasonably anticipated in providing benefits under a notify the contracting officer within the 30-day period that plan or program described in section 1 (b)(2)(B) of the Davis- additional time is necessary. Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, (4) The wage rate (including fringe benefits where that the plan or program is financially responsible, and that the appropriate) determined pursuant to paragraphs 1 .b.(2) or plan or program has been communicated in writing to the 1 .b.(3) of this section, shall be paid to all workers performing laborers or mechanics affected, and records which show the work in the classification under this contract from the first day costs anticipated or the actual cost incurred in providing such on which work is performed in the classification. benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the c. Whenever the minimum wage rate prescribed in the registration of apprenticeship programs and certification of contract for a class of laborers or mechanics includes a fringe trainee programs, the registration of the apprentices and benefit which is not expressed as an hourly rate, the contractor trainees, and the ratios and wage rates prescribed in the shall either pay the benefit as stated in the wage determination applicable programs. or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. b. (1 ) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls d. If the contractor does not make payments to a trustee or to the contracting agency. The payrolls submitted shall set other third person, the contractor may consider as part of the out accurately and completely all of the information required to wages of any laborer or mechanic the amount of any costs be maintained under 29 CFR 5.5(a)(3)(i), except that full social reasonably anticipated in providing bona fide fringe benefits security numbers and home addresses shall not be included under a plan or program, Provided, That the Secretary of Labor on weekly transmittals. Instead the payrolls shall only need to has found, upon the written request of the contractor, that the include an individually identifying number for each employee ( applicable standards of the Davis-Bacon Act have been met. e.g. , the last four digits of the employee's social security The Secretary of Labor may require the contractor to set aside number). The required weekly payroll information may be in a separate account assets for the meeting of obligations submitted in any form desired. Optional Form WH-347 is under the plan or program. available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the BID NO # B1500075 Page 60 October 31 , 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS records upon request or to make such records available may or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. be grounds for debarment action pursuant to 29 CFR 5.12. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, 4. Apprentices and trainees and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and a. Apprentices (programs of the USDOL). Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage Apprentices will be permitted to work at less than the requirements. It is not a violation of this section for a prime predetermined rate for the work they performed when they are contractor to require a subcontractor to provide addresses and employed pursuant to and individually registered in a bona fide social security numbers to the prime contractor for its own apprenticeship program registered with the U.S. Department of records, without weekly submission to the contracting agency.. Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with (2) Each payroll submitted shall be accompanied by a a State Apprenticeship Agency recognized by the Office, or if a "Statement of Compliance," signed by the contractor or person is employed in his or her first 90 days of probationary subcontractor or his or her agent who pays or supervises the employment as an apprentice in such an apprenticeship payment of the persons employed under the contract and shall program, who is not individually registered in the program, but certify the following: who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State (i) That the payroll for the payroll period contains the Apprenticeship Agency (where appropriate) to be eligible for information required to be provided under §5.5 (a)(3)(ii) of probationary employment as an apprentice. Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 The allowable ratio of apprentices to journeymen on the job CFR part 5, and that such information is correct and site in any craft classification shall not be greater than the ratio complete; permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an (ii) That each laborer or mechanic (including each apprentice wage rate, who is not registered or otherwise helper, apprentice, and trainee) employed on the contract employed as stated above, shall be paid not less than the during the payroll period has been paid the full weekly applicable wage rate on the wage determination for the wages earned, without rebate, either directly or indirectly, classification of work actually performed. In addition, any and that no deductions have been made either directly or apprentice performing work on the job site in excess of the indirectly from the full wages earned, other than ratio permitted under the registered program shall be paid not permissible deductions as set forth in Regulations, 29 CFR less than the applicable wage rate on the wage determination part 3; for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (iii) That each laborer or mechanic has been paid not less (expressed in percentages of the journeyman's hourly rate) than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, specified in the contractor's or subcontractor's registered as specified in the applicable wage determination program shall be observed. incorporated into the contract. Every apprentice must be paid at not less than the rate (3) The weekly submission of a properly executed specified in the registered program for the apprentice's level of certification set forth on the reverse side of Optional Form progress, expressed as a percentage of the journeymen hourly WH-347 shall satisfy the requirement for submission of the rate specified in the applicable wage determination. "Statement of Compliance" required by paragraph 3.b.(2) of Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the this section. apprenticeship program does not specify fringe benefits, (4) The falsification of any of the above certifications may apprentices must be paid the full amount of fringe benefits subject the contractor or subcontractor to civil or criminal listed on the wage determination for the applicable classification. prosecution under section 1001 of title 18 and section 231 of If the Administrator determines that a different title 31 of the United States Code. practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. c. The contractor or subcontractor shall make the records In the event the Office of Apprenticeship Training, Employer required under paragraph 3.a. of this section available for and Labor Services, or a State Apprenticeship Agency inspection, copying, or transcription by authorized recognized by the Office, withdraws approval of an representatives of the contracting agency, the State DOT, the apprenticeship program, the contractor will no longer be FHWA, or the Department of Labor, and shall permit such permitted to utilize apprentices at less than the applicable representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required BID NO # B1500075 Page 61 October 31 , 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable 5. Compliance with Copeland Act requirements. The program is approved. contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. b. Trainees (programs of the USDOL). 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the Except as provided in 29 CFR 5.16, trainees will not be subcontractors to include Form FHWA-1273 in any lower tier permitted to work at less than the predetermined rate for the subcontracts. The prime contractor shall be responsible for the work performed unless they are employed pursuant to and compliance by any subcontractor or lower tier subcontractor individually registered in a program which has received prior with all the contract clauses in 29 CFR 5.5. approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 7. Contract termination: debarment. A breach of the Administration. contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the subcontractor as provided in 29 CFR 5.12. Employment and Training Administration. 8. Compliance with Davis-Bacon and Related Act Every trainee must be paid at not less than the rate specified in requirements. All rulings and interpretations of the Davis- the approved program for the trainee's level of progress, Bacon and Related Acts contained in 29 CFR parts 1 , 3, and 5 expressed as a percentage of the journeyman hourly rate are herein incorporated by reference in this contract. specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the 9. Disputes concerning labor standards. Disputes arising trainee program. If the trainee program does not mention fringe out of the labor standards provisions of this contract shall not benefits, trainees shall be paid the full amount of fringe be subject to the general disputes clause of this contract. Such benefits listed on the wage determination unless the disputes shall be resolved in accordance with the procedures Administrator of the Wage and Hour Division determines that of the Department of Labor set forth in 29 CFR parts 5, 6, and there is an apprenticeship program associated with the 7. Disputes within the meaning of this clause include disputes corresponding journeyman wage rate on the wage between the contractor (or any of its subcontractors) and the determination which provides for less than full fringe benefits contracting agency, the U.S. Department of Labor, or the for apprentices. Any employee listed on the payroll at a trainee employees or their representatives. rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall 10. Certification of eligibility. be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. a. By entering into this contract, the contractor certifies that In addition, any trainee performing work on the job site in neither it (nor he or she) nor any person or firm who has an excess of the ratio permitted under the registered program interest in the contractor's firm is a person or firm ineligible to shall be paid not less than the applicable wage rate on the be awarded Government contracts by virtue of section 3(a) of wage determination for the work actually performed. the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). In the event the Employment and Training Administration b. No part of this contract shall be subcontracted to any person withdraws approval of a training program, the contractor will no or firm ineligible for award of a Government contract by virtue longer be permitted to utilize trainees at less than the of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). applicable predetermined rate for the work performed until an acceptable program is approved. c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 . c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 V. CONTRACT WORK HOURS AND SAFETY STANDARDS CFR part 30. ACT d. Apprentices and Trainees (programs of the U.S. DOT). The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the Apprentices and trainees working under apprenticeship and overtime provisions of the Contract Work Hours and Safety skill training programs which have been certified by the Standards Act. These clauses shall be inserted in addition to Secretary of Transportation as promoting EEO in connection the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. BID NO # B1500075 Page 62 October 31 , 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS used contract work amounting to not less than 30 percent (or a in this paragraph, the terms laborers and mechanics include watchmen and guards. greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be 1 . Overtime requirements. No contractor or subcontractor performed by subcontract and the amount of any such contracting for any part of the contract work which may require specialty items performed may be deducted from the total or involve the employment of laborers or mechanics shall original contract price before computing the amount of work require or permit any such laborer or mechanic in any required to be performed by the contractor's own organization workweek in which he or she is employed on such work to (23 CFR 635.116). work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less a. The term "perform work with its own organization" refers than one and one-half times the basic rate of pay for all hours to workers employed or leased by the prime contractor, and worked in excess of forty hours in such workweek. equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or 2. Violation; liability for unpaid wages; liquidated equipment of a subcontractor or lower tier subcontractor, damages. In the event of any violation of the clause set forth agents of the prime contractor, or any other assignees. The in paragraph (1 .) of this section, the contractor and any term may include payments for the costs of hiring leased subcontractor responsible therefor shall be liable for the unpaid employees from an employee leasing firm meeting all relevant wages. In addition, such contractor and subcontractor shall be Federal and State regulatory requirements. Leased liable to the United States (in the case of work done under employees may only be included in this term if the prime contract for the District of Columbia or a territory, to such contractor meets all of the following conditions: District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each (1 ) the prime contractor maintains control individual laborer or mechanic, including watchmen and over the supervision of the day-to-day activities of the leased guards, employed in violation of the clause set forth in employees; paragraph (1 .) of this section, in the sum of $10 for each (2) the prime contractor remains responsible for the quality calendar day on which such individual was required or of the work of the leased employees; permitted to work in excess of the standard workweek of forty (3) the prime contractor retains all power hours without payment of the overtime wages required by the to accept or exclude individual employees from work on the clause set forth in paragraph (1 .) of this section. project; and (4) the prime contractor remains ultimately responsible for 3. Withholding for unpaid wages and liquidated damages. the payment of predetermined minimum wages, the The FHWA or the contacting agency shall upon its own action submission of payrolls, statements of compliance and all or upon written request of an authorized representative of the other Federal regulatory requirements. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the b. "Specialty Items" shall be construed to be limited to work contractor or subcontractor under any such contract or any that requires highly specialized knowledge, abilities, or other Federal contract with the same prime contractor, or any equipment not ordinarily available in the type of contracting other federally-assisted contract subject to the Contract Work organizations qualified and expected to bid or propose on the Hours and Safety Standards Act, which is held by the same contract as a whole and in general are to be limited to minor prime contractor, such sums as may be determined to be components of the overall contract. necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as 2. The contract amount upon which the requirements set forth provided in the clause set forth in paragraph (2.) of this in paragraph (1 ) of Section VI is computed includes the cost of section. material and manufactured products which are to be purchased or produced by the contractor under the contract 4. Subcontracts. The contractor or subcontractor shall insert provisions. in any subcontracts the clauses set forth in paragraph (1 .) through (4.) of this section and also a clause requiring the 3. The contractor shall furnish (a) a competent superintendent subcontractors to include these clauses in any lower tier or supervisor who is employed by the firm, has full authority to subcontracts. The prime contractor shall be responsible for direct performance of the work in accordance with the contract compliance by any subcontractor or lower tier subcontractor requirements, and is in charge of all construction operations with the clauses set forth in paragraphs (1 .) through (4.) of this (regardless of who performs the work) and (b) such other of its section. own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the VI. SUBLETTING OR ASSIGNING THE CONTRACT contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the This provision is applicable to all Federal-aid construction contractor of any responsibility for the fulfillment of the contracts on the National Highway System. contract. Written consent will be given only after the contracting agency has assured that each subcontract is 1 . The contractor shall perform with its own organization BID NO # B1500075 Page 63 October 31 , 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions places where it is readily available to all persons concerned and requirements of the prime contract. with the project: 5. The 30% self-performance requirement of paragraph (1 ) is not applicable to design-build contracts; however, contracting 18 U.S.C. 1020 reads as follows: agencies may establish their own self-performance requirements. "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any VII. SAFETY: ACCIDENT PREVENTION false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to This provision is applicable to all Federal-aid construction be used, or the quantity or quality of the work performed or to contracts and to all related subcontracts. be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs 1 . In the performance of this contract the contractor shall of construction on any highway or related project submitted for comply with all applicable Federal, State, and local laws approval to the Secretary of Transportation; or governing safety, health, and sanitation (23 CFR 635). The Whoever knowingly makes any false statement, false contractor shall provide all safeguards, safety devices and representation, false report or false claim with respect to the protective equipment and take any other needed actions as it character, quality, quantity, or cost of any work performed or to determines, or as the contracting officer may determine, to be be performed, or materials furnished or to be furnished, in reasonably necessary to protect the life and health of connection with the construction of any highway or related employees on the job and the safety of the public and to project approved by the Secretary of Transportation; or protect property in connection with the performance of the work covered by the contract. Whoever knowingly makes any false statement or false 2. It is a condition of this contract, and shall be made a representation as to material fact in any statement, certificate, condition of each subcontract, which the contractor enters into or report submitted pursuant to provisions of the Federal-aid pursuant to this contract, that the contractor and any Roads Act approved July 1 , 1916, (39 Stat. 355), as amended subcontractor shall not permit any employee, in performance and supplemented; of the contract, to work in surroundings or under conditions Shall be fined under this title or imprisoned not more than 5 which are unsanitary, hazardous or dangerous to his/her years or both." health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Hours and Safety Standards Act (40 U.S.C. 3704). WATER POLLUTION CONTROL ACT 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract This provision is applicable to all Federal-aid construction that the Secretary of Labor or authorized representative contracts and to all related subcontracts. thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance By submission of this bid/proposal or the execution of this with the construction safety and health standards and to carry contract, or subcontract, as appropriate, the bidder, proposer, out the duties of the Secretary under Section 107 of the Federal-aid construction contractor, or subcontractor, as Contract Work Hours and Safety Standards Act (40 appropriate, will be deemed to have stipulated as follows: U.S.C.3704). 1 . That any person who is or will be utilized in the VIII. FALSE STATEMENTS CONCERNING HIGHWAY performance of this contract is not prohibited from receiving an PROJECTS award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. This provision is applicable to all Federal-aid construction 2. That the contractor agrees to include or cause to be contracts and to all related subcontracts. included the requirements of paragraph (1 ) of this Section X in every subcontract, and further agrees to take such action as In order to assure high quality and durable construction in the contracting agency may direct as a means of enforcing conformity with approved plans and specifications and a high such requirements. degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- X. CERTIFICATION REGARDING DEBARMENT, aid highway projects, it is essential that all persons concerned SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or This provision is applicable to all Federal-aid construction misrepresentation with respect to any facts related to the contracts, design-build contracts, subcontracts, lower-tier project is a violation of Federal law. To prevent any subcontracts, purchase orders, lease agreements, consultant misunderstanding regarding the seriousness of these and contracts or any other covered transaction requiring FHWA similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more BID NO # B1500075 Page 64 October 31 , 2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS approval or that is estimated to cost $25,000 or more — as into this covered transaction, without modification, in all lower defined in 2 CFR Parts 180 and 1200. tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a 1 . Instructions for Certification - First Tier Participants: certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or a. By signing and submitting this proposal, the prospective voluntarily excluded from the covered transaction, unless it first tier participant is providing the certification set out below. knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, b. The inability of a person to provide the certification set out debarred, or otherwise ineligible to participate in covered below will not necessarily result in denial of participation in this transactions. To verify the eligibility of its principals, as well as covered transaction. The prospective first tier participant shall the eligibility of any lower tier prospective participants, each submit an explanation of why it cannot provide the certification participant may, but is not required to, check the Excluded set out below. The certification or explanation will be Parties List System website (https://www.epls.gov/), which is considered in connection with the department or agency's compiled by the General Services Administration. determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c. The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph (f) of an erroneous certification, in addition to other remedies these instructions, if a participant in a covered transaction available to the Federal Government, the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to d. The prospective first tier participant shall provide other remedies available to the Federal Government, the immediate written notice to the contracting agency to whom department or agency may terminate this transaction for cause this proposal is submitted if any time the prospective first tier or default. participant learns that its certification was erroneous when * * * * * submitted or has become erroneous by reason of changed circumstances. 2. Certification Regarding Debarment, Suspension, Ineligibility e. The terms "covered transaction," "debarred," and Voluntary Exclusion — First Tier Participants: "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined a. The prospective first tier participant certifies to the best of in 2 CFR Parts 180 and 1200. "First Tier Covered its knowledge and belief, that it and its principals: Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such (1 ) Are not presently debarred, suspended, proposed for as the prime or general contract). "Lower Tier Covered debarment, declared ineligible, or voluntarily excluded from Transactions" refers to any covered transaction under a First participating in covered transactions by any Federal Tier Covered Transaction (such as subcontracts). "First Tier department or agency; Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal (2) Have not within a three-year period preceding this funds (such as the prime or general contractor). "Lower Tier proposal been convicted of or had a civil judgment rendered Participant" refers any participant who has entered into a against them for commission of fraud or a criminal offense in covered transaction with a First Tier Participant or other Lower connection with obtaining, attempting to obtain, or performing a Tier Participants (such as subcontractors and suppliers). public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust f. The prospective first tier participant agrees by submitting statutes or commission of embezzlement, theft, forgery, this proposal that, should the proposed covered transaction be bribery, falsification or destruction of records, making false entered into, it shall not knowingly enter into any lower tier statements, or receiving stolen property; covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from (3) Are not presently indicted for or otherwise criminally or participation in this covered transaction, unless authorized by civilly charged by a governmental entity (Federal, State or the department or agency entering into this transaction. local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled (4) Have not within a three-year period preceding this "Certification Regarding Debarment, Suspension, Ineligibility application/proposal had one or more public transactions and Voluntary Exclusion-Lower Tier Covered Transactions," (Federal, State or local) terminated for cause or default. provided by the department or contracting agency, entering BID NO # B1500075 Page 65 October 31 , 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification, such prospective transaction that is not debarred, suspended, ineligible, or participant shall attach an explanation to this proposal. voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is 2. Instructions for Certification - Lower Tier Participants: responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered (Applicable to all subcontracts, purchase orders and other transactions. To verify the eligibility of its principals, as well as lower tier transactions requiring prior FHWA approval or the eligibility of any lower tier prospective participants, each estimated to cost $25,000 or more - 2 CFR Parts 180 and participant may, but is not required to, check the Excluded 1200) Parties List System website (https://www.epls.qov/), which is compiled by the General Services Administration. a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render b. The certification in this clause is a material representation in good faith the certification required by this clause. The of fact upon which reliance was placed when this transaction knowledge and information of participant is not required to was entered into. If it is later determined that the prospective exceed that which is normally possessed by a prudent person lower tier participant knowingly rendered an erroneous in the ordinary course of business dealings. certification, in addition to other remedies available to the Federal Government, the department, or agency with which i. Except for transactions authorized under paragraph e of this transaction originated may pursue available remedies, these instructions, if a participant in a covered transaction including suspension and/or debarment. knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily c. The prospective lower tier participant shall provide excluded from participation in this transaction, in addition to immediate written notice to the person to which this proposal is other remedies available to the Federal Government, the submitted if at any time the prospective lower tier participant department or agency with which this transaction originated learns that its certification was erroneous by reason of may pursue available remedies, including suspension and/or changed circumstances. debarment. d. The terms "covered transaction," "debarred," * * * * * "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined Certification Regarding Debarment, Suspension, in 2 CFR Parts 180 and 1200. You may contact the person to Ineligibility and Voluntary Exclusion--Lower Tier which this proposal is submitted for assistance in obtaining a Participants: copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or 1 . The prospective lower tier participant certifies, by subgrantee of Federal funds and a participant (such as the submission of this proposal, that neither it nor its principals is prime or general contract). "Lower Tier Covered Transactions" presently debarred, suspended, proposed for debarment, refers to any covered transaction under a First Tier Covered declared ineligible, or voluntarily excluded from participating in Transaction (such as subcontracts). "First Tier Participant" covered transactions by any Federal department or agency. refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds 2. Where the prospective lower tier participant is unable to (such as the prime or general contractor). "Lower Tier certify to any of the statements in this certification, such Participant" refers any participant who has entered into a prospective participant shall attach an explanation to this covered transaction with a First Tier Participant or other Lower proposal. Tier Participants (such as subcontractors and suppliers). * * * * * e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered Xl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS transaction be entered into, it shall not knowingly enter into any FOR LOBBYING lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from This provision is applicable to all Federal-aid construction participation in this covered transaction, unless authorized by contracts and to all related subcontracts which exceed the department or agency with which this transaction $100,000 (49 CFR 20). originated. 1 . The prospective participant certifies, by signing and f. The prospective lower tier participant further agrees by submitting this bid or proposal, to the best of his or her submitting this proposal that it will include this clause titled knowledge and belief, that: "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," a. No Federal appropriated funds have been paid or will be without modification, in all lower tier covered transactions and paid, by or on behalf of the undersigned, to any person for in all solicitations for lower tier covered transactions exceeding influencing or attempting to influence an officer or employee of the $25,000 threshold. any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of g. A participant in a covered transaction may rely upon a BID NO # B1500075 Page 66 October 31 , 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. BID NO # B1500075 Page 67 October 31 , 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL-A1D CONSTRUCTION CONTRACTS contracting agency to provide a contractual preference for the ATTACHMENT A - EMPLOYMENT AND MATERIALS use of mineral resource materials native to the Appalachian PREFERENCE FOR APPALACHIAN DEVELOPMENT region. HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS 6. The contractor shall include the provisions of Sections 1 This provision is applicable to all Federal-aid projects funded through 4 of this Attachment A in every subcontract for work under the Appalachian Regional Development Act of 1965. which is, or reasonably may be, done as on-site work. 1 . During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the BID NO # B1500075 Page 68 PROJECT SPECIAL PROVISIONS WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS INDEX Date Page Notice to Bidders (December, 2014) 74 Commencement and Completion of Work (December, 2014) 75 Disadvantaged Business Enterprise (DBE) Contract Goal (December, 2014) 76 Revision of Section 101 — Definition of Terms (December, 2014) 77 Revision of Section 104 — Scope of Work (December, 2014 78 Revision of Section 105 — Conformity to the Contract and Roadway Smoothness (December, 2014) 79 Revision of Section 105 — Claims for Contract Adjustment (December, 2014) 80 Revision of Section 106 — Sampling and Testing of Portland Cement Concrete (December, 2014) 81 Paving Revision of Section 107 — Legal Relations and Public Responsibility (December, 2014) 82 Revision of Section 109 — Measurement and Payment (December, 2014) 83 Revision of Section 201 —Clearing and Grubbing (December, 2014) 84 Revision of Section 202 — Removal of Asphalt Mat (Planing) (December, 2014) 85-87 Revision of Section 202 — Reclaimed Asphalt Pavement Millings (December, 2014) 88 Revision of Section 203 — Excavation and Embankment (December, 2014) 89 Revision of Section 209 — Watering and Dust Palliatives (December, 2014) 90 Revision of Section 216 — Soil Retention Covering (December, 2014) 91 -97 Revision of Section 304 — Aggregate Base Course (December, 2014) 98 Revision of Section 401 — Plant Mix Pavements — General (December, 2014) 99 Revision of Section 403 — Hot Mix Asphalt (December 2014) 100-102 Revision of Section 403 — Hot Mix Asphalt Ticket Collection (December, 2014) 103 Revision of Section 411 — Bituminous Materials (December, 2014) 104 Revision of Section 412 — Tie Bar Inspections (December, 2014) 105 Revision of Section 412 — Concrete (December, 2014) 106 Revision of Sections 420 and 712 — Geotextile (Reinforcement) (December, 2014) 107-109 Revision of Section 603 — Reinforced Concrete Pipe (December, 2014) 110 Revision of Section 621 — Detour Pavement (December 2014) 111 -112 Revision of Section 625 — Construction Surveying (December, 2014) 113 Revision of Section 626 — Mobilization (December, 2014) 114 Revision of Section 630 — Portable Message Sign Panel (December, 2014) 115-116 Force Account Items (December, 2014) 117 Traffic Control Plan — General (December, 2014) 118 Utilities Coordination (December, 2014) 119 BID NO # B1500075 Page 69 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) of the Contractor's total bid . Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives. Cameron Parrott, P. E. Senior Engineer Don Dunker, P. E. County Engineer Weld County Public Works Department Weld County Public Works Department 1111 H Street 1111 H Street Greeley, CO 80632 Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3745 Office Phone: 970-304-6496, ext. 3749 The above referenced individuals are the only representatives with authority to provide any information, clarification , or interpretation regarding the plans, specifications, and any other contract documents or requirements. BID NO # B1500075 Page 70 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work within 120 calendar days unless the period for completion is extended otherwise by the County. Salient features to be shown on the Contractor's Progress Schedule are: 1 . ) Mobilization 2. ) Construction Surveying 3. ) Clearing and Grubbing 4. ) Excavation 5. ) Pipes Installations 6. ) Traffic Control 7. ) Detour Paving 8. ) Aggregate Base Course 9. ) Hot Mix Asphalt paving 10. ) Concrete paving 11 . ) Erosion Control Installations 12. ) Striping 13. ) Signage 14. ) Project Completion Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor. BID NO # B1500075 Page 71 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL This is a federally-assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal: Five Percent (5%) DBE participation BID NO # B1500075 Page 72 1 REVISION OF SECTION 101 DEFINITION OF TERMS Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction" dated 2011 . Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101 .28: "Department" shall mean the Weld County Public Works Department. Subsection 101 .29: "Chief Engineer" shall mean the Weld County Public Works Director or designated representative. Subsection 101 .37: "Inspector" shall mean an employee designated as such by the Weld County Public Works Department. Subsection 101 .58: "Region Transportation Director" shall mean Weld County Public Works Director or designated representative. Subsection 101 .76: "State" shall mean Weld County. END OF SECTION BID NO # B1500075 Page 73 1 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.02.(c).(2) shall be revised as follows: (2) When a major item of work is increased in excess of 150 percent or decreased below 50 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 50 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Subsection 104.07 paragraph 4, starting with "Net cost savings. . . " shall be revised as follows: Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification . Subsection 104.07.(d).2 shall be removed and replaced as follows: 2. For all CECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) = (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) = (net savings) Contractor's total incentive = (net savings)/2 The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. END OF SECTION BID NO # B1500075 Page 74 1 REVISION OF SECTION 105 CONFORMITY TO THE CONTRACT AND ROADWAY SMOOTHNESS Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.05 shall include the following: HMA Pavements shall be tested and evaluated for asphalt content, gradation , in-place density, and joint density using the same methods as described above. The evaluation of materials for Hot Mix Asphalt Paving shall not be subject to any incentive/disincentive payments. Subsection 105.06 shall include the following: PCCP Pavements shall be tested and evaluated for compressive strength, pavement thickness, and flexural strength using the same methods as described above. The evaluation of materials for Portland Cement Concrete Paving shall not be subject to any incentive/disincentive payments. Subsection 105.06.(e) Table 105-5 shall be replaced with the following : Table 105-5 "V" FACTORS AND INCENTIVE PAYMENTS FLEXURAL STRENGTH CRITERIA Maximum Lower Tolerance Element V factor Incentive Limit, TL Payment Flexural Strength 50 psi 3.00% 650 psi Plan Thickness Pavement Thickness 0.4 inch 2.00% -0.4" Subsection 105.07 shall include the following: Pavement surfaces shall be tested and evaluated for longitudinal smoothness using the same method as described above under the transverse pavement surface smoothness. The HMA Pavement Surface Smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness. Subsection 105.08 shall include the following: Pavement surfaces shall be tested and evaluated for longitudinal smoothness using the same method as described above under the transverse pavement surface smoothness. The PCCP Pavement Surface Smoothness shall not be subject to any incentive/disincentive payments for roadway smoothness. END OF SECTION BID NO # B1500075 Page 75 1 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.21 shall be revised as follows: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. END OF SECTION BID NO # B1500075 Page 76 1 REVISION OF SECTION 106 SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE PAVING Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.06 (b) shall include the following: The sampling and testing frequency for Flexural Strength from the Field Materials Manual shall be amended to require a minimum of 1 per day then 1 per 5,000 square yards, minimum of 3 per process. END OF SECTION BID NO # B1500075 Page 77 1 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.06 shall be revised to include the following: The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. Subsection 107.17 — Delete the third paragraph beginning with "Loss, injury, or damage to the work. . ." and replace with the following: Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including buy not restricted to acts of God , such as flood , earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to the County. Subsection 107.18 shall be revised to include the following: For this project the insurance certificates shall name Weld County (Weld) and the State of Colorado as additionally insured parties. Subsection 107.19 shall be revised to include the following: The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. Subsection 107.25 - The Contractors attention is directed to this subsection : The requirements as called out in this subsection will be strictly enforced. Weld County has submitted an application to the State of Colorado for a General Permit for Stormwater Discharges Associated with Construction Activities. The Contractor shall be responsible for complying with the applicable requirements of this permit. The County Inspector shall serve as the Erosion Control Supervisor (ECS) for this project. END OF SECTION BID NO # B1500075 Page 78 1 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.06 — partial payments, paragraph (a), (Standard Amount Retained). Delete the second sentence beginning with "The amount retained ", and replace with the following: The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount. Subsection 109.07 — Payment for Materials on Hand (Stockpiled Material). Delete and replace with the following: Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. END OF SECTION BID NO # B1500075 Page 79 1 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201 .02 shall be revised to include the following: This work shall include removal and disposal of tree stumps, bushes, roots, sod , and any other vegetation or organics that interferes with the work. This work shall include removal and disposal of all minor items for which there is no specific "removal bid item", including but not limited to wooden posts, metal posts, fence posts, concrete and metal drainage items. Also included in this bid item is the removal of the following items: This work shall include removal of all trash , glass, cans, barrels, construction materials, and any other non-organic materials that interferes with the work. Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this bid item. END OF SECTION BID NO # B1500075 Page 80 1 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT (PLANING) Section 202 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 202.09, and replace it with the following: 202.09 Removal of Asphalt Mat (Planing). Prior to beginning planing operations, the Contractor shall submit a planing plan and a Quality Control Plan (QCP) for approval by the Engineer. The planing plan shall include at a minimum : (1 ) The number, types and sizes of planers to be used. (2) The width and location of each planing pass. (3) The number and types of brooms to be used and their locations with respect to the planers. (4) The proposed method for planing and wedging around existing structures such as manholes, valve boxes, and inlets. (5) The longitudinal and transverse typical sections for tie-ins at the end of the day. (6) If requested by the Engineer, a plan sheet showing the milling passes. The QCP shall include as a minimum : (1 ) The schedule for replacing the cutting teeth . (2) The daily preventive maintenance schedule and checklist. (3) Proposed use of automatic grade controls. (4) The surface testing schedule for smoothness. (5) The process for filling distressed areas. (6) The schedule for testing macrotexture of the milled surface. (7) Corrective procedures if the milled surface does not meet the minimum macrotexture specification . (8) Corrective procedures if the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10 foot straightedge. The existing pavement shall be milled to the cross-slope as shown on the plans, and shall have a surface finish that does not vary longitudinally or transversely more than 3/8 inch from a 10 foot straightedge. A 10 foot straightedge shall be supplied by the Contractor. All milled surfaces shall be broomed with a pick-up broom , unless otherwise specified, before being opened to traffic. A sufficient number of brooms shall be used immediately after planing to remove all milled material remaining in the roadway. If the Contractor fails to adequately clean the roadway, work shall cease until the Engineer has approved the Contractor's revised written proposal to adequately clean the roadway. The milled surface shall have a macrotexture equal to or less than 0. 170 inches for single-lift overlays and 0.215 inches for multiple-lift overlays as tested in accordance with CP 77. Milled surfaces that do not meet these criteria shall require corrective action in accordance with the QCP. The Contractor shall be responsible for testing the macrotexture of the milled surface at the location directed by the Engineer in accordance with CP 77 at a stratified random frequency of one test per 10,000 square yards or a minimum of once per work day. BID NO # B1500075 Page 81 2 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT (PLANING) At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be tapered. No transverse vertical edges will be allowed. Longitudinal milled surface tie-ins to existing pavement shall be tapered to not less than a 3: 1 slope, transverse milled surface tie-ins to existing pavement shall be tapered to not less than a 50: 1 slope. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line. If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this joint will not be paid for separately, but shall be included in the cost of planing . If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing . All work associated with this joint will not be paid for separately, but shall be included in the cost of planing . Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing . Distressed or irregular areas identified in the planed surface by the Engineer shall be patched . The roadway shall be left in a safe and usable condition at the end of each work day. The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. All required pavement markings removed by the planing shall be restored before the roadway is opened to traffic. All planing shall be completed full width and parallel to the travel lanes before resurfacing commences unless otherwise directed by the Engineer. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Add subsection 202.091 immediately following subsection 202.09 as follows: 202.091 Equipment Each planer shall conform to the following : The planer shall have sufficient power, traction and stability to maintain an accurate depth of cut. The propulsion and guidance system of the planer shall be maintained in such condition that the planer may be operated to straight and true lines. The planer shall be capable of operating with automatic grade controls (contact or non-contact) on both sides of the machine using a 30 foot averaging system or other approved grade control systems. The use of such controls shall be described in the Contractor's QCP. The planer shall be capable of picking up the removed material in a single operation. A self loading conveyor shall be an integral part of the planer. Windrows will not be allowed . BID NO # B1500075 Page 82 3 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT (PLANING) Subsection 202.11 shall include the following: Removal of asphalt mat (planing)(special) will be measured by the area in square yards completed to the full depth of the existing roadway section and accepted. Subsection 202.12 shall include the following: Macrotexture testing , macrotexture corrective actions, planers, brooms and all other work necessary to complete the item will not be measured and paid for separately, but shall be included in the work. Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat (Planing ) Square Yard Removal of Asphalt Mat (Planing )(Special) Square Yard END OF SECTION BID NO # B1500075 Page 83 1 REVISION OF SECTION 202 RECLAIMED ASPHALT PAVEMENT MILLINGS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.09 shall include the following: If the Contractor desires to retain a quantity of RAP millings that exceeds that allowed by this Contract, the Contractor may request this by submitting a Value Engineering Change Proposal (VECP) in accordance with subsection 104.07. Subsection 202.12 shall include the following: Unless otherwise specified in the Contract, the disposal and hauling of the RAP millings to other locations or its use on the project or at other locations will not be measured and paid for separately, but shall be included in the cost of the asphalt removal bid items. END OF SECTION BID NO # B1500075 Page 84 1 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.02 (c) shall be revised to include the following : The removal of unsuitable subgrade shall only be completed as directed by the County and shall be considered muck excavation . The replacement material for areas of muck excavation shall meet the requirements of Aggregate Base Course (Class 6) and/or Geotextile (Reinforcement). Subsection 203.03 (a) shall include the following: All embankment material shall consist of material that has been obtained from required excavation or from an approved source. The embankment material shall have a minimum R-value of 40. The Contractor shall not obtain embankment material , other than the developed from suitable materials excavated on site, without written approval of the Project Inspector. In subsection 203.06 add the following: It is anticipated that the majority of soil excavated on this project will be placed within the roadway prism or hauled off-site and stored for use on a future project. However, the Project Inspector has the authority to order that certain material be placed within the embankment side slopes. Unsuitable excavation materials produced from muck excavation and pipe installation shall not be used for embankment and shall be hauled off the jobsite. Topsoil which has been stripped and stockpiled shall be placed on the top of embankment slopes. Subsection 203.11 shall be revised to include the following: The quantities for Embankment (Complete in Place) and Unclassified Excavation (Complete in Place) will not be measured, but will be the quantity designated in the Contract, unless field changes are ordered . If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. Subsection 203.14 shall be revised to include the following: Payment for Unclassified Excavation (Complete in Place) and Embankment (Complete in Place) shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This includes scarification , wetting and drying of soils to obtain optimum moisture content, compaction, testing , and hauling and disposal of excess or unsuitable materials off the jobsite. END OF SECTION BID NO # B1500075 Page 85 1 REVISION OF SECTION 209 WATERING AND DUST PALLIATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.01 shall include the following: Application of dust palliative to detour roadways must be completed prior to detouring traffic onto those roadways. Subsection 209.02 shall include the following: The Contractor is responsible for obtaining a legal source for water to complete the work as specified in the Contract Documents, including any necessary permits or fees. Subsections 209.05 are deleted and replaced with the following: The Contractor shall furnish and apply a dust palliative on portions of the roadway and on haul roads at the locations and in the amounts as provided in the Contract. Dust palliative shall consist of magnesium chloride and water. Application of dust palliative shall be done with acceptable sprinkling equipment at an appropriate rate as approved by the Engineer. Magnesium Chloride dust palliative shall be applied as follows: (1 ) Weld County crews will prepare the existing roadway surface. (2) Contractor will apply the magnesium chloride dust palliative in two applications of 0.25 gallon per square yard in each application . (3) Allow to soak for 30 minutes after each application. (4) Roll the surface with a pneumatic tire roller, as specified in the Contract. (5) Do not permit traffic on the treated surface until approved . Subsections 209.07 and 209.08 are deleted and replaced with the following: Water required for all work covered under the Contract will not be measured and paid for separately but shall be incidental to the work. Pay Item Pay Unit Dust Palliative (Magnesium Chloride) Gallon END OF SECTION BID NO # B1500075 Page 86 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following : DESCRIPTION 216.01 This work consists of furnishing , preparing , applying , placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway ditches, slopes, or channels as designated in the Contract or as directed. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following : (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When biodegradable blanket is specified , the thread shall be 100 percent biodegradable; polypropylene thread is not allowed. When photodegradable netting is specified the thread shall be polyester, biodegradable or photodegradable. Blankets and nettings shall be non-toxic to vegetation and shall not inhibit germination of seed. The materials shall not be toxic or injurious to humans. Class 1 blanket shall be an extended term blanket with a typical 24 month functional longevity. Class 2 blanket shall be a long term blanket with a typical 36 month functional longevity. The class of blanket is defined by the physical and performance characteristics. 1 . Soil Retention Blanket (Straw-Coconut). Soil Retention Blanket (Straw-Coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be 1 .5 pounds per 1000 square feet; heavyweight netting shall be 2.9 pounds per 1000 square feet. Blankets shall be sewn together on 1 .50 inch to 2 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified , the bottom side shall be lightweight polypropylene The top side shall be heavyweight or lightweight polypropylene. 2. Soil Retention Blanket (Excelsior). Soil retention blanket (excelsior) blanket shall consist of a machine produced mat of 100% curled wood excelsior with 80 percent, 6 inch or longer fiber length . It shall be either biodegradable or photodegradable. When specified lightweight polypropylene netting shall be on both sides of the blanket and shall be 1 .5 3. pounds per 1000 square feet. Blankets shall be sewn together at a maximum of 4 inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. BID NO # B1500075 Page 87 2 REVISION OF SECTION 216 SOIL RETENTION COVERING 4. Soil Retention Blanket (Coconut). Soil Retention Blanket (Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. Netting shall be as follows: When biodegradable netting is specified , the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a Leno weave which allows the strands of the net to move independently of each other. When photodegradable netting is specified , the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Min. Size of Net Opening Minimum Mass Product Minimum Thickness Acceptable per Class Roll ASTM D Matrix Fill Unit Photo- Bio- Width 6525 Material Area degradable degradable ASTM D 6475 Minimum: Minimum: 0.50"x0.50" 0.50"x0.50" 1 6.5' 0.25" Straw/Coconut 8 oz/sy Maximum : Maximum : 0.75"x0.75" 0.5"x1 .0" Minimum: 0.50"x0.50" 1 6.5' 0.25" Excelsior 8 oz/sy NONE Maximum : 1 .0"x2.0" Minimum: Minimum : 0.50" x0.5" 0.50"x0.50" 2 6.5' 0.20" Coconut Fibers 8oz/sy Maximum : Maximum: 0.75"x0.75" 0.5"x1 .0" BID NO # B1500075 Page 88 3 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Slope Application Channel Application Minimum Tensile Class "C" Factor' Permissible Shear Stress2 Strength ASTM D 6459 (Un-vegetated) ASTM D 6460 ASTM D 6818 1 < 0. 10@3: 1 2.00 lbs/sf 100 lbs/ft 2 < 0. 10@3: 1 2.25 lbs/sf 125 lbs/ft Notes: 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h:v) to ratio of soil loss from unprotected (control) plot in large- scale testing. 2 Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing . Blankets shall be tested for physical properties and have published data from a pre-approved independent testing facility. Large scale testing of Permissible Shear Stress and Slope Erosion Protection ("C" factor) shall be performed by a pre-approved independent testing facility. A sample of the staples and a copy of the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. Landlok CS2 is an acceptable material or equivalent. (b) Turf Reinforcement Mat. Turf reinforcement mat (TRM ) shall be a rolled mat consisting of UV stabilized , corrosion resistant, non-degradable synthetic fibers, filaments, or nets processed into a permanent three- dimensional matrix of the thickness specified in Table 216-3. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention and the development of vegetation within the matrix. When TRM is not soil filled, the mat shall be tan in color. The class of TRM is defined by the physical and performance characteristics. BID NO # B1500075 Page 89 4 REVISION OF SECTION 216 SOIL RETENTION COVERING Table 216-3 PHYSICAL REQUIREMENTS' FOR TURF REINFORCEMENT MAT Product Minimum Minimum Acceptable Class Roll Width Thickness Matrix Fill Size of Net Opening ASTM D 6525 Material 2 Excelsior, Minimum: Straw/Coconut, 0.50"x0.50" 1 6.5' 0.25" Coconut, or Polymer Y Maximum : fibers 0.75"x0.75" 2 6.5' 0.25" 100% UV Stabilized 0.50"x 0.50" Synthetic Fibers 3 6.5' 0.25" 100% UV Stabilized 0.50"x 0.50" Synthetic Fibers Notes: For TRMs containing degradable components, all property values shall be obtained on the non-degradable portion of the matting alone. 2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on 1 .5 inch to 2 inch centers. Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Tensile Strength UV Stability @ Maximum Permissible Shear Product Class MD 500 Hours Stress' (Vegetated) ASTM D 6818 ASTM D 4355 ASTM D 6460 1 125 lbs/ft 80% 6.0 lbs/sf 2 150 lbs/ft 80% 8.0 lbs/sf 3 175 lbs/ft 80% 10.0 lbs/sf Notes: 1 Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as 1/2 inch of soil loss during a 30 minute flow event in large scale testing . TRMs shall be tested for physical properties and have published data from a pre-approved independent testing facility. Large scale testing of Permissible Shear Stress will be performed by a pre-approved independent testing facility. A sample of the staples and a copy of the manufacturer's product data showing that the TRMs shall resist velocities of 18 ft./sec. or more, shall have a tensile strength (grab) per ASTM D-6818 400x300 lb./ft. minimum. Landlok 450 is an acceptable material or equivalent. BID NO # B1500075 Page 90 5 REVISION OF SECTION 216 SOIL RETENTION COVERING product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. (c) Staples. Staples shall be made of wire: For use in Channel: 0. 165 inch, "U" shaped staples shall be 8 inches long and have a 1 inch crown. For use on Slope: 0. 165 inch , "U" shaped staples shall be 8 inches long and have a 1 inch crown. "T" shaped pins shall not be used . CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings using the following procedure: ( 1 ) Prepare a stable and firm soil surface free of rocks, weeds, clods, roots, sticks, rivulets, gullies, and other obstructions. (2) Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. (3) Place seed in accordance with the Contract. (4) Unroll the covering parallel to the primary direction of flow. (5) Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. (6) Do not stretch the material or allow it to bridge over surface inconsistencies. (7) Staple the covering to the soil such that each staple is flush with the underlying soil . (8 ) Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. If filling a TRM with soil, the Contractor shall: ( I ) Place 3 inches of topsoil or soil amended with soil conditioning . (2) Apply seed and rake into soil. (3) Install TRM (4) Place 0.5 inch to 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. (5) Apply seed and rake into soil. (6) Install soil retention blanket (Class 1 ) over the seeded area and TRM . When applicable, the covering shall be unrolled with the heavyweight polypropylene netting on top and the lightweight polypropylene netting shall be in contact with the soil . 216.04 Slope Application. Soil retention coverings shall be installed on slopes as follows: The upslope end shall be buried in a trench 3 feet beyond the crest of the slope. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth. Before backfilling begins, staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil , compacted by foot tamping , and seeded . Fabric shall be brought back over trench and stapled at 1 foot on center. BID NO # B1500075 Page 91 6 REVISION OF SECTION 216 SOIL RETENTION COVERING There shall be an overlap wherever one roll of fabric ends and another begins with the uphill covering placed on top of the downhill covering . Staples shall be installed in the overlap. There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be installed in the overlap. Staple checks shall be applied on the slope every 35 feet. Each staple check shall consist of two rows of staggered staples. The down slope end shall be buried in a trench 3 feet beyond the toe of slope. Before backfilling begins, staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled . If a slope runs into a receiving water or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where required due to soil type or steepness of slope. 216.05 Channel Application. Soil retention coverings shall be installed as follows on a channel application : Coverings shall be anchored at the beginning and end of the channel across its entire width by burying the end in a trench. When specified by the manufacturer, trench depth shall be increased up to 12 inches in depth . Before backfilling begins, staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil and compacted by foot tamping, and seeded. Fabric shall be brought back over the trench and stapled. Covering shall be unrolled in the direction of flow and placed in the bottom of the channel first. Seams shall not be placed down the center of the channel bottom or in areas of concentrated flows when placing rolls side by side. There shall be an overlap wherever one roll of covering ends and another begins with the upstream covering placed on top of the downstream covering . Two rows of staggered staples shall be placed . There shall be an overlap wherever two widths of covering are applied side by side. Staples shall be placed in the overlap. The covering shall be anchored every 30 feet with a check slot. Check slots shall extend the entire width of the channel. The covering shall be buried in a trench . Before backfilling begins, staples shall be placed across the width of the trench . The trench shall then be backfilled to grade with soil amended with soil conditioning or topsoil, compacted by foot tamping , and seeded. Fabric shall be brought back over trench and continued down the channel. Coverings shall be securely fastened to the soil by installing staples at the minimum rate shown on the plans. Staple spacing shall be reduced where needed due to soil type or high flows. 216.06 Maintenance. The Contractor shall maintain the soil retention coverings until all work on the Contract has been completed and accepted . Maintenance shall consist of the repair of areas where damage is due to the Contractor's operations. Maintenance shall be performed at the Contractor's expense. Repair of those areas damaged by causes not attributable to the Contractor's operations shall be repaired by the Contractor and will be paid for at the contract unit price. Areas shall be repaired to reestablish the condition and grade of the soil and seeding prior to application of the covering . BID NO # B1500075 Page 92 7 REVISION OF SECTION 216 SOIL RETENTION COVERING METHOD OF MEASUREMENT 216.07 Soil retention coverings, including staples, complete in place and accepted, will be measured by the square yard of finished surface. Allowance will not be made for overlap. BASIS OF PAYMENT 216.08 The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket (Straw/Coconut) — Landlok CS2 or equivalent Square Yard Turf Reinforcement Mat (Class 2) — Landlok 450 or equivalent Square Yard Preparation of seedbed , fertilizing , and seeding will be measured and paid for in accordance with Section 212. When soil filled TRM is required, each TRM and its associated blanket will be measured and paid for separately. Placing and preparation of seedbed, fertilizing, and seeding of soil under the TRM layer will be measured and paid for in accordance with Section 212. Topsoil or amended soil and seed placed on the TRM will be measured and paid for in accordance with Section 207 and 212. END OF SECTION BID NO # B1500075 Page 93 1 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.02 shall include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03 The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least 69 when tested by the Hveem Stabilometer method. Subsection 304.07 shall be deleted and replaced with the following : The Contractor shall be aware that the plan quantities are based upon unit weight and in-place density, as describe in the Plans. The Contractor's bid unit cost shall account for differing unit weights he intends to furnish to the project as no quantity adjustments will be made for differing unit weights. The Project Inspector will verify that the plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the material supplier. Subsection 304.08 shall include the following: Pay Item Pay Unit Aggregate Base Course (Class 6) TON END OF SECTION BID NO # B1500075 Page 94 1 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised as follows: Section (a) of Subsection 401 .02, shall add a paragraph (4) after paragraph (3) to include the follows: (4) The job-mix formula for Pavement shall be established by a testing laboratory approved by the County and at the Contractor's expense. Copies of all test data shall be provided to and approved by the County prior to construction. END OF SECTION BID NO # B1500075 Page 95 1 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mixes for hot mixes asphalt shall conform to the following : Table 403-1 Value For Grading 1 Property Test Method S (100 ) SX (100 ) Air Voids, percent at: CPL 5115 3.5 — 4.5 3.5 — 4.5 N (design) Lab Compaction (Revolutions): CPL 5115 100 100 N (design) Stability, minimum CPL 5106 30 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least 2 CP 45 60 60 Mechanically Induced fractured faces, % minimum Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), CPL 5109 Method B 80 80 minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) Strength , kPa (psi) Method B Grade of Asphalt Cement, Top PG 64-22 Layer Grade of Asphalt Cement, Layers PG 64-28 below Top Voids in the Mineral Aggregate CP 48 See Table See Table (VMA) % minimum 403-2 403-2 Voids Filled with Asphalt (VFA), % Al MS-2 65-75 65-75 Dust to Asphalt Ratio Fine Gradation CP 50 0.6 — 1 .2 0.6 — 1 .2 Coarse Gradation 0.8 — 1 .6 0.8 — 1 .6 Note: Al MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer. Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen . Gradations for mixes with a nominal maximum aggregate size of % inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen . Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. BID NO # B1500075 Page 96 2 REVISION OF SECTION 403 HOT MIX ASPHALT All mix designs shall be run with a gyratory compaction angle of 1 .25 degrees and properties must satisfy Table 403-1 . Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1 .0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, - mm (inches) 3.5% 4.0% 4.5% 5.0% 37.5 ( 11/2) 11 .6 11 .7 11 .8 25.0 (1 ) 12.6 12.7 12.8 19.0 (%) 13.6 13.7 13.8 N/A 12.5 (1/2) 14.6 14.7 14.8 9.5 (3/$) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. ' Extrapolate specified VMA values for production air voids beyond those listed . The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt shall not contain any reclaimed asphalt pavement. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken CP-41 . Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401 .22, at the contract unit price per ton for the bituminous mixture. BID NO # B1500075 Page 97 3 REVISION OF SECTION 403 HOT MIX ASPHALT Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading S)(100)(PG 64-22) Ton Hot Mix Asphalt (Grading S)( 100)(PG 64-22) SY Hot Mix Asphalt (Grading SX)( 100)(PG 64-28) Ton Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately, but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411 . Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately, but shall be included in the work. END OF SECTION BID NO # B1500075 Page 98 1 REVISION OF SECTION 403 HOT MIX ASPHALT TICKET COLLECTION Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.05 shall include the following: The Contractor shall collect the scale ticket on each load when it is delivered to the project site, and ensure that the information required in subsection 109.01 is shown on each ticket. The scale tickets shall be available on site for County personnel to inspect. Each day the Contractor shall provide to the County envelopes which contain the previous day's signed tickets and the following: 1 . On each envelope: Project number, location , date of paving, type of material, daily total and cumulative total. 2. One of the following: a. Two adding machine tape tabulations of the weight tickets with corresponding totals run and signed by different persons, b. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person, c. Signed check tape of computer scale tickets that have a cumulative total . These scale tickets must be consecutive and without voids or adjustments. 3 . A listing of any overweight loads on the envelope, including ticket numbers and amount over legal limit. 4. A comparison of the actual yield for each day's placement to the theoretical yield. Theoretical yield shall be based on the actual area paved , the planned thickness, and the actual density of the mixture being placed . Any variance greater than +2.5% shall be indicated on the envelope and a written explanation included. The Contractor shall provide a vehicle identification sheet that contains the following information for each vehicle: 1) Vehicle number 2) Length 3) Tare weight 4) Number of axles 5) Distance between extreme axles 6) All other information required to determine legal weight. 7) Legal weight limit. If the Contractor fails to provide the County with the required information on a daily basis, patching will not be allowed to resume unless approved by the County. END OF SECTION BID NO # B1500075 Page 99 1 REVISION OF SECTION 411 BITUMINOUS MATERIALS Section 411 of the Standard Specifications is hereby revised as follows: Delete Subsection 411 .05 and replace with the following: Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid for Hot Mix Asphalt (Grading SX) (100) (PG 64-28), and Hot Mix Asphalt (Grading S) (100) (PG 64-22). END OF SECTION BID NO # B1500075 Page 100 1 REVISION OF SECTION 412 TIE BAR INSPECTION Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsequent 412. 13(b)(1 ) shall include the following: If tie bars are inserted into plastic concrete with a tie bar insertion machine, tie bar location and concrete consolidation shall be subject to the following additional requirements: Each 2500 linear feet of longitudinal weakened plane joint resulting from the procedure shall have one random location cored where the core intercepts an inserted tie bar. The core shall be six-inch diameter taken in the presence of the Engineer. If non-consolidated concrete is evident above the inserted tie bar, the Contractor shall cease paving operations and submit a corrective action plan in writing for approval . Correction of the joint and further paving shall take place only after written approval of the corrective action plan has been provided by the Engineer. Additional coring may be required , as directed by the Engineer. Coring operations, including patching , shall be at the Contractor's expense. Further failure to consolidate the concrete over the tie-bars will be justification to preclude the use of the automatic tie-bar insertion for the remainder of the project. END OF SECTION BID NO # B1500075 Page 101 1 REVISION OF SECTION 412 CONCRETE Section 412 of the Standard Specifications is hereby revised for this project as follows: Subsection 412.14 shall be revised to include the following: All references to "curing compound" shall be changed to "curing and sealing compound" for highway use. METHODS OF MEASUREMENT 412.23 Delete the first paragraph and replace with the following: The quantities of Concrete Pavement to be paid for under these items will be the number of square yards completed and accepted. The width of measurement will be the width of the new pavement to the outside edge of the shoulder shown on the typical cross section of the plans, not including any additional width for pavement safety edges. The width for measurement includes additional widening where called for, or as otherwise directed by the Engineer in writing . The length will be measured horizontally along the centerline of each roadway or ramp. BASIS OF PAYMENT 412.24 shall include the following: Construction of Pavement safety edges will not be measured and paid separately, but shall be included in the work for Concrete Pavement. END OF SECTION BID NO # B1500075 Page 102 1 REVISION OF SECTIONS 420 AND 712 GEOTEXTILE REINFORCEMENT Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 shall include the following: This work includes furnishing and installing geosynthetic material over unsuitable subgrade materials in accordance with these specifications and the details shown on the plans. Subsection 420.02 shall include the following: Geotextile (Reinforcement) shall meet the requirements of subsection 712.08, including Table 712-3. Ten Cate Mirafi RS580i or equivalent shall be an acceptable geosynthetic product for this work. The aggregate fill to be placed over the top of the geosynthetic material shall meet all of the specifications of Aggregate Base Course (Class 6). Subsection 420.07 shall be deleted and replaced with the following: Geotextile (Reinforcement) shall be installed as follows: Subgrade Preparation : Clear, grub and excavate (as required) to the plan subgrade or undercut elevation , stripping topsoil, deleterious debris and unsuitable material from the site. Cut stumps and other projecting vegetation as close and even to the ground surface as practical. Specialized equipment with low ground pressure, as directed by the Engineer, may be required for very soft soils (CBR ≤ 1 .5%) to minimize subgrade disturbance. In addition , it may also be beneficial to leave root mats in place in such instances. The surface of the subgrade should be relatively smooth and level, and depressions or humps greater than 6 inches should be graded out. Geosynthetic Deployment: The geosynthetic reinforcement shall be placed directly on the prepared subgrade. It should be rolled out flat and tight with no folds or wrinkles. Unroll the geosynthetic in the direction of travel so that the machine direction (i .e. , long axis) of the roll is parallel with channelized traffic patterns. Adjacent rolls should be overlapped along their sides and ends as a function of subgrade strength as follows: CBR ≥ 3% 12" to 18" overlap 1 % ≤ CBR ≤ 3% 24" to 36" overlap 0.5% ≤ CBR < 1 % 36" or Sewn CBR < 0.5% Sewn If the need for 40" inches of overlap is reached, it is strongly suggested that the overlap is sewn or otherwise adhered to limit the potential formation of a slip plane between the overlapped panels. Note: very heavy loading and very soft subgrades will also warrant sewn seams instead of overlapping panels. Prior to fill placement, the geosynthetic can be held in place using U-shaped sod staples or simply by strategically placing shovelfuls of the fill to weigh down the geosynthetic. Overlap the geosynthetics in the direction fill will be spread to avoid peeling- back of the geosynthetic at overlaps by the advancing fill. Cut and overlap the geosynthetic to accommodate curves. Cutting may be done with sharp shears, razor knives or handheld power (i.e. , "cutoff') saws. Cut the geosynthetic to conform to immovable protrusions, such as manhole covers and vertical utilities. Overlap lengths will not be paid for separately, but will be considered subsidiary to item 420. 2 BID NO # B1500075 Page 103 REVISION OF SECTIONS 420 AND 712 GEOTEXTILE REINFORCEMENT Fill Placement: Aggregate fill, as specified, should be placed directly over the geosynthetic in 8 - 12 inch loose lifts. Typically, if the design section thickness is ≤ 16 inches, the entire section should be placed and compacted in one single lift to minimize further degradation of the subgrade. On relatively competent subgrades (CBR ≥ 4%), standard , highway-legal, rubber-tired vehicles (end dumps and belly dumps) may be driven over the exposed geosynthetic at slow speeds (less than 5 mph), and in straight paths. These vehicles can dump aggregate fill as they advance, provided this construction traffic will not cause significant rutting upon bare subgrade. Sudden braking, sudden starting and sharp turning should be avoided . Tracked construction equipment must not be operated directly upon the exposed geosynthetic. A minimum aggregate fill thickness of 6 inches is required prior to operation of tracked equipment on the geosynthetic. In addition , turning of tracked equipment should be kept to a minimum to prevent tracks from displacing the fill and damaging the geosynthetic. Over softer subgrades (CBR < 4%), aggregate fill should be end-dumped from the edge of the previously placed material, spreading from the middle outward . Compaction: Standard compaction methods may be used unless the soils are very soft (CBR ≤ 1 .5%). In such cases, static compaction with a light smooth drum roller is considered prudent. Installation and Repairs for Damaged Areas: Repairs to roadway reinforcement geosynthetics can be made in the field by placing a repair panel or patch over the damaged area. The repair panel should extend a minimum of 3 ft beyond the edges of the damaged geosynthetics. Pullout and/or direct sliding calculations should be performed by the project engineer to verify the minimum required overlap length to meet a specific project's requirements. Geotextile that is damaged after placement shall be removed and replaced at the Contractor's expense. Subsection 420.09 shall include the following: Geotextile (Reinforcement) will be measured in place by the square yard of surface area, completed and accepted . Subsection 420.10 shall include the following: Payment will be made under: Pay Item Pay Unit Geotextile (Reinforcement) Square Yard Payment will be full compensation for all work and materials required to complete the item . BID NO # B1500075 Page 104 3 REVISION OF SECTIONS 420 AND 712 GEOTEXTILE REINFORCEMENT Subsection 712.08 shall include the following: The material for Geotextile (Reinforcement) shall meet the properties in Table 712-3. Table 712-3 Geotextile (Reinforcement) - Physical and Mechanical Properties Physical Properties Unit Typical Values Roll Length (minimum) Feet 300 Roll Width (minimum) Feet 15 Roll Area (minimum) Sq. Yd . 500 Mechanical Properties Test Method Unit Minimum Average Roll Value STRENGTH Tensile Modulus @ 2% strain (CD) ASTM D4595 Ibs/ft 90,000 Tensile Modulus @ 5% strain (CD) ASTM D4595 lbs/ft 87,600 HYDRAULIC Flow Rate ASTM D4491 gal/min/ft2 75 Permittivity ASTM D4491 sec-1 1 .0 SOIL RETENTION Apparent Opening Size (AOS) ASTM D4751 U .S. Sieve 40 Pore Size 095 ASTM D6767 microns 350 Pore Size 050 ASTM D6767 microns 185 SOIL INTERACTION Interaction Coefficient ASTM D6706 -- 0.9 Factory Sewn Seam ASTM D4884 lbs/ft 3,000 UV Resistance (at 500 hours) ASTM D4355 % strength retained 90 END OF SECTION BID NO # B1500075 Page 105 1 REVISION OF SECTION 603 REINFORCED CONCRETE PIPE Section 603 of the Standard Specifications is hereby revised for this project as follows: Subsection 603.02 shall include the following: Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate exposure Class 0 specified in subsection 601 .04. END OF SECTION BID NO # B1500075 Page 106 1 REVISION OF SECTION 621 DETOUR PAVEMENT Section 621 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION 621 .01 This work consists of constructing detour pavement as shown on the plans. MATERIALS 621 .02 The Contractor shall be responsible for quality control required to assure adequate quality of hot mix asphalt and aggregate base course used in the pavement. CONSTRUCTION REQUIREMENTS 621 .03 The minimum thickness of detour pavement shall be 6" Aggregate Base Course (Class 6) plus 3" Hot Mix Asphalt. If the materials used require that the Contractor provide thicknesses greater than minimum to serve for the life of the detour pavement, these shall be provided at no additional costs. The detour pavement construction shall include grading , sawing existing pavement and pavement appurtenances, embankment material, planning, and other items of work necessary for the construction of detour pavement. The removal of the Detour Pavement shall be accomplished in accordance with the applicable sub-sections of Section 202. The Contractor shall remove the detour pavement when it is no longer needed to maintain traffic. The Contractor shall construct temporary ditches, temporary culvert pipe, and maintain existing storm drains necessary for the control of storm drainage. The Contractor shall be responsible for ensuring all embankment construction for Detour Pavement is constructed in accordance with applicable portions of Section 203 of the Standard Specification for Road and Bridge Construction , 2011 . The Contractor shall provide smooth pavement transitions between new and existing roadways. Transverse joints between new and existing pavement shall be constructed with Hot Mix Asphalt. Grade differences shall not exceed 4 percent break-over. Transverse joint tapers shall be 20' horizontal to 1 " vertical or flatter. Longitudinal joints which have a vertical drop-off shall be tapered with Hot Mix Asphalt. Tapers shall be 8 horizontal to 1 vertical or flatter. 621 .04 The Contractor shall maintain the detour for the entire period that is required . METHOD OF MEASUREMENT 621 .05 Hot Mix Asphalt used for the Detour Pavement shall be measured by the square yard in accordance with the dimensions shown on the plans. Embankment material, Unclassified Excavation , and Aggregate Base Course required to build the Detour Pavement and the removal of Detour Pavement at the end of the project will not be measured and paid for separately, but included in the cost of Detour Pavement. BID NO # B1500075 Page 107 2 REVISION OF SECTION 621 DETOUR PAVEMENT BASIS OF PAYMENT 621 .06 The accepted quantities will be paid for at the contract unit price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Detour Pavement Square Yard END OF SECTION BID NO # B1500075 Page 108 1 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: Subsection 625.04 shall include the following: Contractor's surveyor must establish survey control points on both sides of WCR 49 and WCR 44 prior to beginning of construction. The County must verify the accuracy of those control points before construction operations can begin. The Contractor must protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. Prior to beginning construction, the Contractor's surveyor must stake out all Right Of Way corners and Temporary Construction Easements shown on the approved ROW plans with temporary (for the duration of the project) points using re-bar, lath , or hubs and marked with flagging so they are easily visible. Those indicating the limits of construction within which the Contractor is allowed to work must be maintained throughout the project. The Contractor must protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. END OF SECTION BID NO # B1500075 Page 109 1 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall include the following: CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor shall take responsibility to find adequate staging area(s) for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction . All staging areas shall be secured with temporary fencing and restored to original conditions after construction . The Contractor shall provide erosions and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The County has acquired Temporary Construction Easements (TCE) for work the projects. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCEs. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre-approved by the County and secured by the Contractor, at Contractor's expense Subsection 626.01 shall include the following: Payment will be made under: Pay Item Pay Unit Mobilization Lump Sum END OF SECTION BID NO # B1500075 Page 110 1 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing , operating, and maintaining a portable message sign panel. Add subsection 630.031 immediately following subsection 630.03 as follows: 630.031 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background . LED signs shall have a pre-default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign . The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun . All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: ( 1 ) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring , including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign . (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble-shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain-winter weather conditions. (5 ) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7-prong male electric plug for the brake light wiring system . Subsection 630.13 shall include the following: The portable message sign panel shall be on the project site at least 14 calendar days prior to the start of active roadway construction. Maintenance, storage, operation , relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. BID NO # B1500075 Page 111 2 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Subsection 630.15 shall include the following: Portable message sign panels will be measured one of the two following ways: ( I ) By the actual number of days each portable message sign is used on the project as approved by the Engineer. (2) By the maximum number of approved units in use on the project at any one time. Subsection 630.16 shall include the following: Pay Item Pay Unit Portable Message Sign Panel Each END OF SECTION BID NO # B1500075 Page 112 1 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the County's estimate for force account items included in the Contract. The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments bonds. Force Account work shall be performed as directed by the Engineer. Force Account Item Estimated Quantity Amount F/A Minor Contract Revisions 1 $250,000 F/A Partnering 1 $5,000 F/A Fuel Cost Adjustment 1 $5,000 F/A On-The-Job Trainee 640 $1 ,920 F/A ESB Program 1 $5,000 F/A Erosion Control 1 $20,000 F/A Minor Contract Revisions — This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this contract. F/A Erosion Control — This work consists of minor erosion control work authorized and approved by the Engineer which is not included in the contract drawings or specifications, and is necessary to accomplish the scope of work for this contract. END OF SECTION BID NO # B1500075 Page 113 1 TRAFFIC CONTROL PLAN — GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630. 10. The components of the traffic control plan (TCP) for this project are included in the following: (1 ) Subsection 104.04 and Section 630 of the specifications. (2) Standard Plan S-630-1 , Traffic Controls for Highway Construction , and Standard Plan S-630-2. (3) Schedule of Construction Traffic Control Devices. (4) Signing and Striping Plans. Special Traffic Control Plan requirements for this project are as follows: The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. Access to private properties shall be maintained at all times. Traffic shall not be delayed for more than 15 minutes or as directed by the Engineer when the roadway is open to traffic. WCR 44 will be closed and detoured as shown in the plans. WCR 49 shall not be closed , and shall have two lanes of traffic (one in each direction ) at all times, during construction unless otherwise approved by the Project Inspector. Two weeks prior to any road closure, the Contractor shall notify the Weld County Public Works Department. The Traffic Control Management (TCM) bid item quantity is intended for days in which a new traffic control setup (MHT) is being implemented. Under all other conditions, the Traffic Control Inspector (TCI) daily bid item shall apply. The Contractor shall not perform any work on the roadway between the hours of 6 p.m . and 6 a.m. unless approved by the Engineer. END OF SECTION BID NO # B1500075 Page 114 1 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105. 10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1 .5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification , prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1 -800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading . Known utilities within the limits of this project are: UTILITY CONTACT PHONE Public Service Co, OHE Cary Yuan 303-571 -7289 (Transmission) Xcel Energy — OHE (Distribution) John Schulte 970-395-1237 Central Weld County Water Stan Linker 970-352-1284 Colorado Interstate Gas Steve Bacon 719-261 -9110 DCP Midstream Randy Reinick 970-539-1701 Kerr McGee/Anadarko Dirk Baysinger 970-302-6422 Noble Energy Derek Pimm 970-219-1856 PDC Energy Mark Alessi 970-420-1661 Poudre Valley Electric Bryant Pangrac 970-282-6433 Century Link Carson Ortega 970-392-4837 US Sprint Jason Caldwell 720-318-9428 The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105. 10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The Contractor shall comply with Article 1 .5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification , prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1 -800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading . The locations of utilities shown on the plans and described herein were obtained from the best available information , but are not to be considered complete as to location or identification of all utilities that could be encountered. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION BID NO # B1500075 Page 115 1 COLORADO DEPARTMENT OF TRANSPORTATION WCR49/44 INTERSECTION IMPROVEMENTS PROJECT STANDARD SPECIAL PROVISIONS Date No of Pages Revision of Sections 105, 106, 412, 601 and 709 — Conformity to the Contract of (January 15, 2015) 23 Portland Cement Concrete Pavement and Dowel Bars and Tie Bars for Joints Revision of Sections 106 and 412 — Surface Texture of Portland Cement (May 2, 2013) 3 Concrete Pavement Revision of Section 106 - Buy America Requirement (November 6, 2014) 1 Revision of Section 106 — Certificates of Compliance and Certified Test Reports (February 3, 2011 ) 1 Revision of Section 106 - Material Sources (October 31 , 2013) 1 Revision of Section 106 - Suppliers List (January 30, 2014) 1 Revision of Sections 106, 627 and 713 — Glass Beads for Pavement Marking (February 8, 2013) 2 Revision of Section 107 — Project Payrolls (May 2, 2013) 1 Revision of Section 107 — Responsibility for Damage Claims, Insurance Types, (February 3, 2011 ) 1 and Coverage Limits Revision of Section 107 — Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1 Revision of Section 108 — 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 Revision of Section 108 — Payment Schedule (Single Construction Year) (October 31 , 2013) 1 Revision of Section 109 — Asphalt Cement Cost Adjustment (April 5, 2013) 2 (Asphalt Cement Included in the Work) Revision of Section 109 — Compensation for Compensable Delays (May 5, 2011 ) 1 Revision of Section 109 — Fuel Cost Adjustment (February 3, 2011 ) 2 Revision of Section109 — Measurement of Quantities (February 3, 2011 ) 1 Revision of Section 109 — Measurement of Water (January 6, 2012) 1 Revision of Section 109 — Prompt Payment (January 31 , 2013) 1 Revision of Section 203 — Imported Material for Embankment (February 3, 2011 ) 2 Revision of Sections 203, 206, 304 and 613 — Compaction (July 19, 2012) 2 Revision of Section 208 — Erosion Log (January 31 , 2013) 1 Revision of Section 212 — Seed (April 26, 2012) 1 Revision of Section 213 — Mulching (January 31 , 2013) 4 Revision of Section 250 — Environmental , Health and Safety Management (July 19, 2012) 1 Revision of Section 401 — Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401 — Compaction Pavement Test Section (CTS) (July 19, 2012) 1 Revision of Section 401 — Plant Mix Pavements (February 3, 2011 ) 1 Revision of Section 401 — Temperature Segregation (February 3, 2011 ) 1 Revision of Sections 401 and 412 — Safety Edge (May 2, 2013) 2 Revision of Section 412 — Portland Cement Concrete Pavement Finishing (February 3, 2011 ) 1 Revision of Sections 412, 601 , and 711 — Liquid Membrane-Forming (May 5, 2011 ) 1 Compounds for Curing Concrete Revision of Section 601 — Concrete Batching (February 3, 2011 ) 1 BID NO # B1500075 Page 116 2 COLORADO DEPARTMENT OF TRANSPORTATION WCR49/44 INTERSECTION IMPROVEMENTS PROJECT STANDARD SPECIAL PROVISIONS Date No of Pages 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 Revisions of Sections 601 and 701 — Cements and Pozzolans (November 6, 2014) 4 Revision of Sections 603, 624, and 705 — Drainage Pipe (April 26, 2012) 2 Revision of Section 612 — Delineators (February 3, 2011 ) 1 Revision of Sections 627 and 708 — Pavement Marking Paint (January 31 , 2013) 2 Revision of Section 630 — Construction Zone Traffic Control (February 17, 2012) 1 Revision of Section 630 - Signs and Barricades (January 31 , 2013) 1 Revision of Section 703 — Aggregate for Bases (Without RAP) (October 31 , 2013) 1 Revision of Section 703 — Aggregate for Hot Mix Asphalt (November 1 , 2012) 2 Revision of Section 703 — Concrete Aggregate (July 28, 2011 ) 1 Revision of Section 712 — Water for Mixing or Curing Concrete (July 28, 2011 ) 1 Revision of Section 712 — Geotextiles (November 1 , 2012) 2 Revision of Section 713 — Epoxy Pavement Marking (January 15, 2015) 2 Affirmative Action Requirements — Equal Employment Opportunity (February 3, 2011 ) 10 Disadvantaged Business Enterprise (DBE) Requirements (December 6, 2013) 9 Minimum Wages Colorado, (January 9, 2015) 7 U .S. Department of Labor General Decision Numbers CO 150024 MOD 2, Highway Construction , applies to Larimer, Mesa, and Weld counties On the Job Training (July 29, 2011 ) 3 Partnering Program (February 3, 2011 ) 1 Special Construction Requirements, Fire Protection Plan (November 1 , 2012) 2 BID NO # B1500075 Page 117 January 15, 2015 1 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Sections 105, 106, 412, 601 and 709 of the Standard Specifications are hereby revised for this project as follows: Delete subsection 105.06 and replace with the following: 105.06 Conformity to the Contract of Portland Cement Concrete Pavement. Conformity to the Contract of all Portland Cement Concrete Pavement, Item 412, will be determined in accordance with the following: When the Engineer finds that the materials furnished, the work performed , or the finished product does not conform with the Contract, or the Pay Factor (PF) for an element's process is less than 0.75 but that reasonably acceptable work has been produced , the Engineer will determine the extent of the work that will be accepted and remain in place. The Engineer will use a Contract Modification Order to document the justification for allowing the work to remain in place and the price adjustment that will be applied. When the Engineer finds the materials furnished , work performed , or the finished product is not in conformity with the Contract, or the PF for an element's process is less than 0.75 and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. When the PF for any process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the calculated pay factor. Materials will be sampled and tested by the Contractor and the Department in accordance with subsection 106.06 and with procedures contained in the Department's Field Materials Manual. The approximate quantity represented by each sample will be as set forth in subsection 106.06, Tables 106-2 and 106-3. Additional samples may be selected and tested at the Engineer's discretion . (a) Incentive and Disincentive Payments (I/DP) will be made based on a statistical analysis that yields Pay Factors (PF) and Quality Levels (QL). The PF and QL will be made based on test results for the elements of compressive strength and pavement thickness (compressive strength criteria) or the elements of flexural strength and pavement thickness (flexural strength criteria). The Department will indicate in the plans whether compressive strength or flexural strength criteria will be used. If the acceptance criteria is not indicated, flexural strength criteria shall be used . . Incentive or Disincentive payment will not be made for thickness of concrete pavement furnished by the Contractor and placed by others. When compressive strength criteria is indicated , then the QL will be calculated for the elements of compressive strength and pavement thickness on a process basis. When flexural strength criteria is indicated , then the QL will be calculated for the elements of flexural strength and pavement thickness on a process basis. A separate process will be established for an element when a change in the process affects that element. A process will consist of the test results from a series of random samples. Test results determined to have sampling or testing errors will not be used. All materials produced will be assigned to a process. A change in process is defined as a change that affects the element involved . Changes in mix design, material source, design pavement thickness, or the method being utilized to place the pavement are considered changes in process. The following is provided to clarify changes in processes for each element: 1 . Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process, providing there are no changes in process as described above. 2. Construction of ramps, acceleration and deceleration lanes, shoulders placed separately, and areas requiring hand work are considered separate processes. 3. A change in the mix design is a process change for the compressive strength element or the flexural strength element, but is not a process change for the pavement thickness element. (b) When it is necessary to represent material by one or two tests, each individual test shall have a PF computed in accordance with the following: BID NO # B1500075 Page 118 January 15, 2015 2 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS If the value of the test is at or above the lower tolerance limit, then PF = 1 .000. If the value of the test is below the lower tolerance limit, then : PF = 1 .00 - [0.25(T[ -T0)/V] where: PF = pay factor. V = V factor from Tables 105-4 or 105-5. To = the individual test value. T[= lower tolerance limit. (c) The following procedures will be used to compute Incentive and Disincentive Payments (I/DP), quality levels (QL), and pay factors (PF) for processes represented by three or more tests: 1 . Quality Level (QL) will be calculated according to CP-71 . 2. Compute the PF for the process. When the process has been completed , the number of tests (Pn ) it includes shall determine the formula to be used to compute the final pay factor in accordance with the following : A. For compressive strength and pavement thickness: When 3 ≤ Pn ≤ 5 If QL ≥ 85, then PF = 1 .00 + (QL - 85)0.001333 If QL < 85, then PF = 1 .00 + (QL - 85)0.005208 When 6 ≤ Pn ≤ 9 If QL ≥ 90, then PF = 1 .00 + (QL - 90)0.002000 If QL < 90, then PF = 1 .00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ≥ 93, then PF = 1 .00 + (QL - 93)0.002857 If QL < 93, then PF = 1 .00 + (QL - 93)0.006098 When Pn ≥ 26 If QL ≥ 95, then PF = 1 .00 + (QL - 95)0.004000 If QL < 95, then PF = 1 .00 + (QL - 95)0.006757 B. For flexural strength: When 3 ≤ Pn ≤ 5 If QL ≥ 85, then PF = 1 .00 + (QL - 85)0.002000 If QL < 85, then PF = 1 .00 + (QL - 85)0.005208 When 6 ≤ Pn ≤ 9 If QL ≥ 90, then PF = 1 .00 + (QL - 90)0.003000 If QL < 90, then PF = 1 .00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ≥ 93, then PF = 1 .00 + (QL - 93)0.004286 If QL < 93, then PF = 1 .00 + (QL - 93)0.006098 When Pn ≥ 26 If QL ≥ 95, then PF = 1 .00 + (QL - 95)0.006000 If QL < 95, then PF = 1 .00 + (QL - 95)0.006757 3. Compute the I/DP for the process: BID NO # B1500075 Page 119 January 15, 2015 3 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS I/DP = (PF-1 )(QR)(UP) where: QR = Quantity Represented by the process. UP = Unit Price bid for the Item . The total I/DP for an element shall be computed by accumulating the individual I/DP for each process of that element. (d) As acceptance test results become available, they will be used to calculate accumulated QL and Incentive and Disincentive Payments (I/DP) for each element and for the item . The Contractor's test results and the accumulated calculations shall be made available to the Engineer upon request. The Engineer's test results and the calculations will be made available to the Contractor as early as reasonably practical . Numbers from the calculations shall be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11 , Rounding Method. I/DP will be made to the Contractor in accordance with subsection 412.24(a). During production, interim I/DP will be computed for information only. The Pn will change as production continues and test results accumulate. The Pn at the time an I/DP is computed shall determine the formula to be used . (e) The Contractor shall not have the option of accepting a price reduction or disincentive in lieu of producing specification material. Continued production of non-specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a process. (f) When compressive strength is indicated , the Contractor may take cores at his own expense and in accordance with Colorado Procedure 65 to provide an alternative determination of strength to replace acceptance test results with a compressive strength less than 4,500 psi. The higher value of the 28 day compressive strength of acceptance cylinders or the corresponding core's compressive strength will be used for I/DP. When flexural strength is indicated, the Contractor may take cores at his own expense and in accordance with Colorado Procedure 65 to provide an alternative determination of strength to replace QC test results with a flexural strength less than 650 psi . The cores shall be obtained prior to 45 days after placement. The higher value of the 28 day flexural strength of QC beams or the corresponding core's flexural strength will be used for I/DP. BID NO # B1500075 Page 120 January 15, 2015 4 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Table 105-4 "V" FACTORS AND INCENTIVE PAYMENTS COMPRESSIVE STRENGTH CRITERIA Maximum Lower Tolerance Element V factor Incentive Limit, TL Payment Compressive Strength 400 psi 3.00 percent 4,500 psi Pavement Thickness 0.4 inch 2.00 percent Plan Thickness -0.4 inch Table 105-5 "V" FACTORS AND INCENTIVE PAYMENTS FLEXURAL STRENGTH CRITERIA Maximum Lower Tolerance Element V factor Incentive Limit, TL Payment Flexural Strength 50 psi 3.00% 570 psi Plan Thickness Pavement Thickness 0.4 inch 2.00% -0.4" Sand Equivalence. If compressive strength criteria is indicated then the sand equivalence (SE) as determined by CP 37 will be considered acceptable when the running average of three consecutive tests is greater than 80 percent and no individual test result is less than 75 percent. When the running average of three consecutive SE tests falls below 80 percent or an individual SE test result falls below 75 percent, paving operations shall be suspended . The Contractor shall submit a written plan to correct the low SE test results to the Engineer for approval. The Contractor shall not continue paving operations until the Engineer approves the plan in writing and three SE test results from random samples in the stockpile are above 80 percent. Delete subsection 106.06 and replace with the following: 106.06 Sampling and Testing of Portland Cement Concrete Paving. All Portland Cement Concrete Pavement, Item 412, shall be tested in accordance with the following quality control and acceptance testing procedures: (a) Quality Control Testing. The Contractor shall be responsible for quality control testing of all elements listed in Table 106-2 or 106-3. Quality control testing shall be performed at the expense of the Contractor. The Contractor shall develop a quality control plan (QCP) in accordance with the following: 1 . Quality Control Plan . For each element listed in Tables 106-2 or 106-3, the QCP must provide adequate details to ensure that the Contractor will perform quality control. The Contractor shall submit the QCP to the Engineer at the preconstruction conference. The Contractor shall not start any work on the project until the Engineer has approved the QCP in writing . A. Frequency of Tests or Measurements. The QCP shall indicate a random sampling frequency, which shall be equal to or more frequent than that shown in Table 106-2 or 106-3. The quality control tests shall be independent of acceptance tests. B. Test Result Chart. Each quality control test result, the appropriate area, volume, and the tolerance limits shall be plotted . The chart shall be posted daily at a location convenient for viewing by the Engineer. C. Quality Level Chart. The QL for each element in Table 106-2 or 106-3 shall be plotted . The QL shall BID NO # B1500075 Page 121 January 15, 2015 5 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS be calculated in accordance with the procedure in CP 71 for Determining Quality Level. The QL shall be calculated on tests 1 through 3, then tests 1 through 4, then tests 1 through 5, then thereafter the last five consecutive test results. The area of material represented by the last test result shall correspond to the QL. D. F-test and t-test Charts. If flexural strength criteria is indicated, then the results of F-test and t-test analysis between the Department's verification tests of flexural strength and the Contractor's quality control tests of flexural strength shall be shown on charts. The F-test and t-test shall be calculated in accordance with standard statistical procedures using all verification tests and quality control tests completed to date. When a verification test is completed, the F-test and t-test calculations shall be redone. The area of material represented by the last test result shall correspond to the F-test and t- test. A warning value of 5 percent and an alert value of 1 percent shall be shown on each chart. The chart shall be posted daily at a location convenient for viewing by the Engineer. 2. Point of Sampling . The material for quality control testing shall be sampled by the Contractor using CP 61 . The location where material samples will be taken shall be indicated in the QCP. 3. Testing Standards. The QCP shall indicate which testing standards will be followed . Acceptable standards are Colorado Procedures, AASHTO and ASTM . The order of precedence is Colorado Procedures, AASHTO procedures and then ASTM procedures. The compressive strength test for quality control will be the average strength of two test cylinders cast in plastic molds from a single sample of concrete, cured under standard laboratory conditions, and tested three to seven days after molding . 4. Testing Supervisor Qualifications. The person in charge of and responsible for the quality control testing shall be identified in the QCP. This person shall be present on the project and possess one or more of the following qualifications: A. Registration as a Professional Engineer in the State of Colorado. B. Registration as an Engineer in Training in the State of Colorado with two years of paving experience. C. A Bachelor of Science in Civil Engineering or Civil Engineering Technology with three years of paving experience. D. National Institute for Certification in Engineering (NICET) certification at level III or higher in the subfields of Transportation Engineering Technology, Highway Materials, or Construction Materials Testing Engineering Technology, Concrete and four years of paving experience. 5. Technician Qualifications. Technicians performing tests shall meet the requirements of Colorado Procedure 10. 6. Testing Equipment. All of the testing equipment used to conduct quality control testing shall conform to the standards specified in the test procedures and be in good working order. If flexural strength criteria is indicated, then the Contractor shall provide the following equipment and supplies which will not be paid for separately but shall be included in the work: A. A separate, temperature controlled facility of at least 300 square feet usable space. This facility shall be used exclusively for the molding, storage and testing of concrete test specimens as required. This facility shall be provided in addition to other facilities required in Section 620. The storage facility shall have sufficient water storage capacity for curing all required test specimens. The storage facility shall provide separate storage tanks for each type of required testing . Each storage tank shall have a continuously recording thermometer and sufficient blank charts for the project. Temperatures of each storage tank shall be recorded for the duration of the project. B. A machine for testing flexural strength of concrete specimens. The machine shall be one of the following or an approved equal : BID NO # B1500075 Page 122 January 15, 2015 6 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS 1 . Forney model number FHS-300 with a Co-Pilot digital monitor. 2. Humboldt model number HCM-3000 with a iD Digital Indicator 3. Gilson model number MC-400 with Pro Controller Both the Contractor and the Engineer will use this machine for testing concrete specimens. The machine shall meet the requirements of AASHTO T 97 and T 22 and the following: The machine and the flexural strength assembly shall be of a rigid construction. The applied vertical load shall be uniformly distributed to the third points and uniformly across the width of the beam (transverse distribution). Uniform distribution of the load is defined as less than a 3 percent variation in the load between each of the nine strain gages placed in the middle third section of the tension face for loads from 1 ,000 to 10,000 pounds. Two firms that can evaluate and assess the ability of the machine to distribute the load evenly are KPFF Consulting Engineers, Chicago Illinois 847-859-7790 and Construction Testing Laboratories, Skokie Illinois 847-965-7500 . Other firms may be capable of evaluating and assessing the load distribution of the machine. The Engineer must approve the firm prior to assessing the machine. The machine shall be ready for use and certified two days before paving begins. After the machine has been certified and accepted by the Engineer it shall not be moved until all portland cement concrete paving and flexural strength acceptance tests have been completed . A weekly check of the planeness of all bearing surfaces on the flexural strength apparatus shall be made and recorded in the Contractor's QC notebook for each week that flexural strength testing occurs. If the nominal maximum aggregate size of the mix is % inches or less, then the Contractor shall also provide a separate flexural strength apparatus that is configured to test 4x4x14 inch beam specimens. Swapping flexural strength apparatuses will not require recertification of the test machine. C. Beam molds for molding all test specimens required. Beam molds shall have a cross section of approximately 6 inches by 6 inches. All beam molds shall be checked by the Contractor prior to being placed in service and monthly. The checks of each beam mold shall be recorded in the Contractor's QC notebook. This shall include all testing described in subsection 106.06. If the nominal maximum aggregate size of the mix is 3/4 inches or less, then the Contractor shall also provide beam molds with a cross section of 4 inches by 4 inches and a minimum length of 14 inches. 7. Reporting and Record Keeping . The Contractor shall report the results of the tests to the Engineer in writing at least once per day. The Contractor shall assemble a Quality Control (QC) notebook and update it daily. This notebook shall contain all worksheets, test results forms, test results charts and quality level charts for each of the elements listed in Table 106-2 or 106-3. The Contractor shall submit examples of worksheets, test result forms and test results charts in accordance with CP 12B as part of the Contractor's Quality Control Plan (QCP). The Contractor shall submit the QC notebook to the Engineer for review once a month on the date agreed to at the Pre-Construction Conference. The QC notebook will be returned to the Contractor with a list of recognized deficiencies within two working days after submittal. Deficiencies may include, but are not limited to, the failure to submit the notebook on time or an absence of the required reports. For any month in which deficiencies are identified , the QC notebook will be submitted for review two weeks after the QC notebook is returned. Upon the second recognized deficiency the Engineer will notify the Contractor, and the pay estimate shall be withheld until the Contractor submits, in writing , a report detailing the cause for the recognized deficiency. The report shall include how the Contractor plans to resolve the deficiencies. Additional recognized deficiencies will result in a delay of the pay estimate until the Contractor has identified and resolved the deficiency along with revising and resubmitting his QCP to address these issues. Once the Engineer has reviewed and approved the revised QCP the estimate may be paid . Upon submittal of the QC notebook for the semi-final estimate, the QC notebook shall become the property of the Department. The Contractor shall make provisions such that the Engineer can inspect quality control work in progress, BID NO # B1500075 Page 123 January 15, 2015 7 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS including QC notebook, sampling, testing , plants, and the Contractor's testing facilities at any time. 8. Optimized Gradation . The Contractor will be required to perform quality control testing of the combined aggregate gradation (CAG) when an Optimized Gradation (OG) is used for Class E or P Concrete. The combined aggregate gradation testing frequency shall be three per day. Test one shall be sampled and tested after full production begins but before production reaches 100 cubic yards. Test two shall be sampled and tested after four hours of continuous production or production reaches 1000 cubic yards, whichever comes first. Test three shall be sampled and tested after seven hours of continuous production or production reaches 1750 cubic yards, whichever comes first. The frequency shall be a minimum of one per day if production is less than 750 cubic yards. The Department will perform one gradation each day that may be a split of one of the three daily QC samples. This data will not be used to determine acceptability of the material but as information only. The Contractor's gradation test data will be used to calculate the coarseness factor (CF) and workability factor (WF) and must plot within the workability box. No corrective action shall be required if the data falls within the workability box. When the Contractor's gradation test results and the CF and WF fall outside the workability box, the Contractor shall immediately make corrections to bring the aggregate gradation within the workability box and notify the Engineer. If two or more consecutive test results for any single day or two successive days are found to fall outside the workability box, the Contractor shall immediately suspend production and provide a written corrective plan to the Engineer for approval prior to resuming production. Upon being allowed to resume production , the Contractor shall follow the daily sampling frequency. If the next two consecutive gradation tests indicate the CF and WF plot inside the workability box, the Contractor may continue production . If the first two aggregate samples do not have CF and WF that fall inside the workability box, production shall be suspended. Prior to resuming production the Contractor shall be required to sample the individual aggregate stockpiles at two or more locations to determine the range of variability within each stockpile, make appropriate adjustments to the percentages for each aggregate component, and discharge and sample the combined aggregates. The combined aggregate gradation shall be tested to determine if the CF and WF fall inside the workability box. Production can resume if the CF and WF plot within the workability box. Production will continue to be suspended for additional evaluation of stockpiles and aggregate feed rates until gradation sampling and testing indicate the CF and WF fall inside the workability box. All gradation test information during production shall be provided to the Engineer daily. The Contractor shall immediately report all gradation test data to the Engineer for evaluation during periods when production is suspended or upon resuming production. The Contractor will be notified in writing in all cases when production may resume or shall remain suspended. (b) Acceptance Testing. Acceptance testing frequencies shall be in accordance with the Schedule (Quality Assurance) in the Department's Field Materials Manual . Except for flexural strength, acceptance tests will be conducted by and at the expense of the Department. Acceptance sampling and testing procedures will be in accordance with the Department's Field Materials Manual with the following exceptions and inclusions: A split sample from an acceptance test shall not be used for a quality control test. The Engineer will designate the location where samples are to be taken . Samples shall be taken by the Contractor in accordance with CP 61 . The Engineer will be present during the sampling and take possession of all acceptance samples. Samples transported in different containers will be combined and mixed before molding specimens. All materials are subject to inspection and testing at all times. Pavement thickness acceptance will be determined by cores. BID NO # B1500075 Page 124 January 15, 2015 8 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS The compressive strength test for acceptance will be the average compressive strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one specimen differs from the average by more than 10 percent, that specimen will be deleted and the average strength will be determined using the remaining two specimens. If the compressive strength of more than one specimen differs from the average by more than 10 percent the average strength will be determined using all three specimens. Each set of three cylinders will be tested at 28 days after molding . Acceptance tests for flexural strength shall be the Contractor's quality control tests. The flexural strength tests shall be the average flexural strength of four test beams. The test beams shall be prepared according to AASHTO T 23. The flexural strength of each specimen shall be measured according to AASHTO T 97 with the following additional requirements: If the flexural strength of only one specimen differs from the average by more than 10 percent, that specimen shall be deleted and the average strength shall be determined using the remaining three specimens. If the flexural strength of more than one specimen differs from the average by more than 10 percent, the test value shall be the average of all four specimens. Each set of four beams shall be tested at 28 days after molding. If the nominal maximum aggregate size of the mix is 3/4 inches or less, then the Contractor shall prepare three additional test beams using the 4x4x14 inch molds. The 4x4x14 inch specimens will be tested 28 days. The results of the 4x4x14 inch specimens will be for information only and will not be used to determine the acceptability of the concrete. Results of the 4x4x14 inch specimens will be reported to the Engineer with the corresponding acceptance test results. These additional specimens are being used to evaluate the validity of using smaller test specimens for acceptance. (c) Verification Testing. Verification testing will be used only when flexural strength criteria is indicated and is the responsibility of the Department. The Department will determine the locations where samples or measurements are to be taken. The location of sampling shall be based on a stratified random procedure. Verification sampling and testing procedures will be in accordance with Sections 105, 106, 412, the Schedule for Minimum Materials Sampling , Testing and Inspection in the Department's Field Materials Manual , and CP 13. Samples for verification testing shall be taken by the Contractor in accordance with CP 61 in the presence of the Engineer. An analysis of test results will be performed after all test results are known using the t-test and F-test statistical methods with an alpha value set at 0.05. If either the above t-test and F-test analysis shows a significant difference, then the following items shall be checked: comparison of beam fracture locations and types, computations and flexural testing machine outputs, curing tank temperature charts, slump and air contents, plant batch tickets for major changes, review of sampling , molding , testing procedures, along with IAT check tests and any other investigations that may clarify the significant differences. If after a review of the data no reasons can be determined for the significant difference, the Department's test data shall be used for determining Quality Levels and Incentive or Disincentive according to the methods in this Section . (d) Check Testing. The Contractor and the Engineer shall conduct a check testing program (CTP) prior to the placement of any concrete pavement. The check testing program will include a conference directed by the Region Materials Engineer, the Contractor's testers and the Department's testers concerning methods, procedures and equipment for compressive or flexural strength testing . Check testing shall be completed before any portland cement concrete pavement is placed . A set of three cylinders or four beams will be molded by both the Contractor and the Department's project testers from a split sample. The specimens will be sampled, molded and cured for seven days and tested for compressive or flexural strength according to the procedures of Section 106. The Department's Independent Assurance Tester will also mold, cure and test a set of three cylinders or four beams, but the Independent Assurance Test results will not be entered in the check testing analysis. If the results of the check tests do not meet the following criteria, then the check testing will be repeated until the following criteria are met: (1 ) The average of the Contractor's test results and the average of the Department's test results shall be within 10 percent of the average of all test results. BID NO # B1500075 Page 125 January 15, 2015 9 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS (2) Each specimen test result shall be within 15 percent of the average of all test results. When compressive strength criteria is indicated , a check test must also be conducted on the sand equivalent test. A set of 5 sand equivalents will be run by both the Contractor's and the Department's project tester, from a split sample. The average of the absolute differences between tests taken by the quality control personnel and the acceptance testing personnel will be compared to the acceptable limits shown in Table 13-1 of CP 13. The CTP will be continued until the acceptance and quality control test results are within the permissible ranges shown in Table 13-1 of CP 13. During production , split samples of randomly selected acceptance tests will be compared to the permissible ranges shown in Table 13-1 of CP 13. The minimum frequency will be as shown in Table 106-3. If production has been suspended and then resumed, the Engineer may order a CTP between tests taken by quality control and acceptance testing persons to assure the test results are within the permissible ranges shown in Table 13- 1 of CP 13. Check test results shall not be included in quality control testing . The Region Materials Engineer shall be called upon to resolve differences if a CTP shows unresolved differences beyond the ranges shown in Table 13-1 of CP 13. (e) Independent Assurance Testing. The sample for the IAT will be a split sample of the Contractor's quality control test. The Department's representative performing verification tests shall also use a split sample of the Contractor's quality control test and participate in the IAT. The IAT for flexural strength will be the average flexural strength of four test beams prepared according to the requirements of Section 106 and cured for seven days in the field before being transferred to the IAT lab. IAT specimens will be tested at 28 days. (f) Testing Schedule. All samples used to determine Incentive or Disincentive payment by quality level formulas in accordance with Section 105, will be selected by a stratified random process. BID NO # B1500075 Page 126 January 15, 2015 10 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Table 106-2 QC TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, FLEXURAL STRENGTH CRITERIA Element Minimum Testing Frequency Contractor's Quality Control Aggregate Gradation For the first five days, minimum of 1 /day, then and Sand Equivalent 1 /10,000 sq. yds. After 5 days, 1 /40,000 sq. yds. J Slump First three loads each day, then as needed for control. Water Cement Ratio First three loads each day, then 1 /500 cu. yds. Air Content and Yield Minimum of 1 /day, then 1 /2,500 sq . yds. Flexural Strength Minimum of 1 /day, then 1 /2,500 sq. yds. Compressive Strength 1 /10,000 sq . yds. Pavement Thickness In accordance with subsection 412.21 . Minimum of six transverse and six longitudinal joint Pull Test Joints locations for the 1st 2500 linear feet, then three transverse and three longitudinal joints thereafter Load Transfer Dowel In accordance with subsection 412. 13 (b) 2 Bar Placement Tining Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. Table 106-3 QC TESTING SCHEDULE - ITEM 412 PORTLAND CEMENT CONCRETE PAVEMENT, COMPRESSIVE STRENGTH CRITERIA Element Minimum Testing Frequency Contractor's Quality Control Aggregate Gradation Minimum of 1 /day, then 1 /10,000 sq. yds. a Slump First three loads each day, then as needed for control. Compressive Strength , Air Content, Yield, and Minimum of 1 /day, then 1 /2,500 sq. yds. Sand Equivalent Pavement Thickness In accordance with subsection 412.21 . Minimum of six transverse and six longitudinal joint Pull Test Joints locations for the 1st 2500 linear feet, then three transverse and three longitudinal joints thereafter Load Transfer Dowel In accordance with subsection 412. 13 (b) 2 Bar Placement Tining Depth 1 per 528 linear feet in each lane and shoulder wider than 8 feet. Water Cement Ratio First three loads each day, then 1 /500 cu . yds. BID NO # B1500075 Page 127 January 15, 2015 11 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Subsection 412. 10 shall include the following : The Contractor shall provide a MIT-Scan-2 which is manufactured by MIT GmbH . The Contractor shall ensure the MIT-Scan-2 is calibrated for the specific dowel bar size or load transfer device being placed , and is operating within the manufacturer's tolerances. The Contractor shall also ensure that the operator of the MIT-Scan-2 is fully competent in the use of the device. The Contractor shall supply the serial number of the device to be utilized on the project. In subsection, 412. 13 (a) 3rd paragraph, delete the first sentence and replace with the following: Holes with a diameter 1 /4 inch greater than the bar diameter shall be drilled laterally into the hardened concrete slabs at one half the slab depth , 36 inches on center, 15 to 16 inches deep. In subsection 412. 13 (a), delete the 5th paragraph and replace with the following: When tie bars are placed in plastic state concrete or drilled and epoxied into a construction joint, and if required by the Engineer, the Contractor shall demonstrate by testing at least 15 of the tie bars that the bar pullout resistance is at least 11 ,250 pounds with slippage of 1 /16 inch or less. If two or more tie bars do not meet the required pullout resistance, then another 15 tie bars shall be tested . If any of the second 15 do not meet the required pullout resistance, then all remaining tie bars shall be tested . The Contractor shall perform additional pullout tests and take corrective action when and as directed . All steps taken to test bars, and to correct, repair or replace failed tie bars and the surrounding failed area shall be at the Contractor's expense. Concrete strength shall have a compressive strength of at least 2500 psi before testing . ASTM E488 shall be used for performing pullout testing . . Delete subsection 412. 13 (b) 1 and 412. 13 (b) 2 and replace with the following: 1. Longitudinal Weakened Plane Joints. Epoxy coated deformed steel tie bars shall be inserted into the plastic state concrete after the auger. In the event the tie bars are placed behind the machine paving mold, vibration will be required during placement. Other methods of bar placement may be acceptable if the Contractor can demonstrate satisfactory performance of the alternate method . Proposals of alternate methods or additional costs associated with other methods shall be at the Contractor's expense. Tie bars shall be placed according to a method approved by the Engineer. The Contractor shall use an MIT Scan-2 to evaluate the location of tie bars that cannot be visually inspected . Each longitudinal joint located within the dowel bar test locations described in subsection 412. 13 (b) 2 that were not visually inspected shall be evaluated with the MIT Scan-2. The MIT Scan-2 shall be calibrated for the tie bar size placed . The tie bars shall be located within the middle third of the slab, and a minimum of inch below the saw cut. Tie bars shall have a minimum embedment of 12 inches on each side of the joint. The weakened plane joint shall be made by sawing in hardened concrete in accordance with the plan details. Tie bars that are cut during sawing operations shall be replaced at the contractor's expense. Tie bars that are located less than 2 inches above the bottom of the slab shall be replaced at the contractor's expense. Tie bars that are not embedded a minimum of 12 inches on each side of the joint shall be replaced . When the spacing between two in-place tie bars exceeds 40 inches but less than 72 inches, a tie bar will be installed halfway between the two tie bars, unless this installation location is within 12 inches of a transverse weakened plane joint. When the spacing between two in-place tie bars exceeds 72 inches, tie bars will be installed at an even spacing not to exceed 36 inches, but shall not be installed within 12 inches of a transverse weakened plane joint. The Contractor shall submit to the Engineer a method for replacing the tie bars. The Contractor shall not proceed to replace the tie bars until the method for replacement has been approved by the Engineer. 2. Transverse Weakened Plane Joints. When dowel bars are specified in the Contract, they shall be installed within the tolerances and of the size, grade, and spacing specified. Horizontal support wires or shipping braces shall be non-deformed bars or wires with a diameter less than or equal to 0. 307 inches (gauge 0 wire). The BID NO # B1500075 Page 128 January 15, 2015 12 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS number of horizontal support wires or shipping braces shall be limited to five per assembly. The horizontal support wires or shipping braces shall not be cut prior to concrete placement. The center of the dowel assembly or the insertion location shall be marked on both sides of the pavement slab for reference in sawing the joint. Dowel bars shall be furnished in a rigid welded assembly or placed by a dowel bar insertion (DBI) machine. When a DBI is used , the Contractor shall submit details and specifications of the proposed slip-form paver and DBI to the Engineer a minimum of 14 calendar days prior to the Concrete Pavement Pre-Paving Conference. The Contractor shall detail his methodology for ensuring correct marking of dowel bar insertion points and correct sawing of the joints. The Contractor shall ensure that the slip-form paver is compatible with the DBI . The rigid assembly shall be fabricated from number 1 /0 wire or heavier with vertical support wires every 1 foot. Assembly shall be securely fastened to the subbase and constructed to firmly hold all the dowel bars at T/2 depth, parallel to each other and to the pavement grade and alignment. See Standard Plan M-412-1 for schematic describing the measurement of each tolerance. .A weighted-score system will be used to conduct a joint-by-joint evaluation of rotational misalignments of the dowel bars. The Joint Score is a measure of the combined effects of rotational misaligned dowel bars at a joint. A Joint Score is determined by summing the product of the weights (given in Table 412-1 ) and the number of bars in each misalignment category and adding 1 . For example, if a joint has four misaligned bars in the 0.6 to 0.8 inch range, the joint score is 9; if a joint has one misaligned bar in the range 0.6 to 0.8 inch and one bar in the 1 to 1 .5 inch range, the score is 8. A Joint Score of 10 is the critical level, above which the risk of joint locking is considered high. Table 412-1 WEIGHTING FACTORS USED TO DETERMINE JOINT SCORE Range of Rotational Weight Misalignment < 0.6 in. 0 ≥ 0.6 in and < 0.8 in . 2 ≥ 0.8 in and < 1 in. 4 ≥ 1 in 5 Individual Dowel Bar Rejection Criteria: Rotational Alignment: Any bar with a misalignment greater than 1 .5 in. Longitudinal (side) shift: Any bar that is not embedded at least 6 inches on each side of the joint Depth: Any bar within the top 3 inches of the pavement or at a depth less than the saw-cut depth . Any bar within the bottom 3 inches of the pavement When rigid assemblies are used to install dowel bars and the bars are rejected for depth , the Contractor may core the pavement to verify the MIT Scan depth results. Joint Rejection Criteria: Any joint with a Joint Score greater than 10. An individual joint may be allowed if the two longitudinally adjacent joints each have a joint score less than or equal to 10 Any joint that does not have at least three acceptable dowel bars in each wheel path. BID NO # B1500075 Page 129 January 15, 2015 13 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Corrective Measures: The following corrective measures will be allowed for the bars or joints that are rejected. Rotational misalignment. Saw-cut the misaligned bars. Joints with less than three un-cut bars in each wheel path will require the addition of dowel bars using an approved dowel bar retrofit method . Longitudinal (side) Shift and missing bars. Addition of dowel bars using an approved dowel bar retrofit method. Depth. Inadequate cover above the bar—Remove the bar and install a replacement bar using an approved dowel bar retrofit method. Inadequate cover below the bar— Addition of dowel bars using an approved dowel bar retrofit method. Retrofitted dowel bars shall not exceed the dowel bar rejection criteria. In addition to the above procedures, the Contractor may propose removal and replacement of the affected slabs. The Contractor shall submit his method of repair to the Engineer for approval. The Contractor shall demonstrate his ability to place dowel bars in conformance with the specifications by placement of a test section . The test section shall be a minimum of 300 feet in length . Upon completion of the test section, the Contractor shall shut down paving operations. During the shutdown period, the Contractor shall evaluate all joints in the test section using the MIT-Scan-2, analyze the results and submit the results to the Engineer. Paving operations shall not be restarted until the Engineer approves the test section results. The test section will be found acceptable if 85% of the dowel bars placed are found to be within the rejection criteria. All dowel bars exceeding the Rejection Criteria must be addressed using the above corrective measures. The Contractor may continue paving at his own risk before the test section evaluation is complete. If the Project has less than 500 linear feet of pavement, the test section will not be required. If a Project does not have sections of continuous pavement greater than 45 linear feet, the test section will not be required . Upon completion of the test section(s) and for each week of production, the Contractor shall prepare an electronic report generated using MagnoProof software and submit it to the Engineer at the start of each working week during production for the previous weeks work. All data shall be submitted in the manufacturer's native file format, along with the calibration files. The electronic report shall include the following: (1 ) Contract number, date, highway number and direction of traffic. (2) Joint number, lane number and station . (3) Bar number and x-location of dowel bar. (4) Horizontal and vertical misalignment of each bar in inches. (5) Overall misalignment of each bar in inches of each bar (6) Side shift of each bar in inches. (7) Depth to center of each bar in inches. (8) Joint Score (9) All measurements exceeding the rejection criteria shall be highlighted in red . Due to potential magnetic interference from tie bars, dowel bars located within 15 inches of a tied joint shall not be included in the evaluation . When the test section is found to be unacceptable, the Contractor shall perform corrective actions and place a BID NO # B1500075 Page 130 January 15, 2015 14 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS second test section. If the second test section is found to be unacceptable, the Contractor shall pave no more than 500 feet per day until an acceptable test section has been achieved . Once a test section is successfully completed, Dowel Bar Placement testing frequency shall be a minimum of one location per 1 ,250 linear feet of each continuous lane including climbing lanes, passing lanes, acceleration and deceleration lanes and ramps. Sections greater than 45 linear feet and less than 1 ,250 linear feet require a minimum one of test location . . Testing locations shall be determined by a random procedure so that each area has a randomly selected transverse joint location. At each location , five consecutive joints shall be tested. Sections of continuous pavement constructed by the project less than 45 linear feet will not require Dowel Bar Placement Testing. When any joint score is greater than10 or any one bar in a single joint exceeds the rejection criteria, joints shall be tested in each direction from the rejected joint, until two consecutive joints in each direction are found to be within the rejection criteria. All delays or costs associated with equipment being rejected for use by the Engineer will not be paid for by the Department, and will be considered a Non-excusable Delay in accordance with subsection 108.08 (c) 2. When concrete shoulders or widenings are constructed subsequent to the driving lanes, transverse weakened plane joints shall immediately be formed in the plastic concrete of these widenings to create an extension of the existing transverse joint. This tooled joint shall be formed in such a manner that it controls the cracking and shall be sawed and sealed in accordance with the above requirements. In subsection 412.21 , delete the first sentence in the sixth paragraph. In subsection 601 .02 , delete Class E and P Concrete from Table 601 -1 and replace with the following : Cementitious Required Water Material Air Concrete Field /Cementitious Content: Content: Class Compressive Minimum or % Range Material Ratio: Strength Range Maximum or (psi) Range (Ibs/yd3) E 450O ats 28 520 4 - 8 0.44 days 4500 ys 28 520 4 - 8 0.44 In subsection 601 .02, delete the sixth and ninth paragraphs and replace with the following: Class E concrete is used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Class E concrete shall meet the requirements of Class P concrete. ASTM C150 Type III or ASTM C1157 Type HE cement may be used . Accelerating admixtures may be used . Class P concrete is used in pavements. Additional requirements are: The laboratory trial mix shall produce a minimum average 28 day flexural strength 700 psi. Two aggregate gradation options are available: (a) Standard Gradation (SG). The concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate by weight of total aggregate. If all transverse joints are doweled, the concrete mix shall consist of a minimum 55 percent AASHTO M 43 sizes No. 57, No. 6, No. 67, No. 357, or No. 467 coarse aggregate by weight of total aggregate. BID NO # B1500075 Page 131 January 15, 2015 15 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS (b) Optimized Gradation (OG). Aggregate proportions must be a result of an optimized combined aggregate gradation (CAG) developed by an approved mix design technique such as Shilstone or KU Mix. The amount of aggregate in the CAG passing the 19 mm (3/4 inch) sieve and retained on the12.5 mm (1/2 inch) sieve shall be a minimum of 8 percent for the trial mix design . The coarseness factor (CF) and workability factor (WF) must plot within the workability box (ABCD) depicted graphically by the following 4 coordinate points: a. Point A> (CF,WF) 72, 31 b. Point B> (CF,WF) 44.5, 35 c. Point C> (CF,WF) 44.5, 43.5 d . Point D> (CF,WF) 72, 40 Figure 601 -1 Workability Box 50 45 as 40 35 a A 4. 30 25 20 80 70 60 50 40 30 Coarseness Factor CF = (S / T) x 100 Where: S = Percent Cumulative Retained on 9.5 mm (3/8 inch) Sieve T = Percent Cumulative retained on 2.36 mm (No. 8) Sieve WF is the percent passing the 2.36 mm (No. 8) sieve. Increase workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used in excess of 564 pounds per cubic yard in the mix design . Decrease workability factor by 2.5 percentage points for every 94 pounds per cubic yard of cementitious material used below 564 pounds per cubic yard in the mix design . Do not adjust the workability factor if the amount of cementitious material is 564 pounds per cubic yard . Delete Subsection 601 .05 (7) and replace with the following : (7) Class E and P concrete shall include AASHTO T97 (ASTM C78) Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading). When compressive strength is indicated, at least two specimens will be tested at 7 days and four specimens at 28 days. When flexural strength is indicated , at least two specimens will be tested at 3, 7 and 14 days and four specimens at 28 days. When flexural strength is indicated , the mix design shall include AASHTO T198 (ASTM C496) Splitting Tensile Strength of Cylindrical Concrete Specimens. At least two specimens will be tested at 3, land 14 and 28 days. The splitting tensile strength specimens for each age shall be cast from the same trail batch as the same age flexural strength specimens. Multiple trial batches may be used . The Engineer will verify the correlation curve during production by casting and testing Splitting Tensile specimens. If the correlated flexural strength of the splitting tensile sample is not within 50 psi of the verification beam specimen's flexural strength , a new correlation curve shall be required if low flexural strength specimen are to be evaluated. BID NO # B1500075 Page 132 January 15, 2015 16 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Subsection 601 .05 shall include the following in the second paragraph : (8) Class P concrete with an OG shall indicate the gradation proportions that results in a combined aggregate gradation corresponding to compliance within the specified CF and WF box and shall include the following charts used to perform aggregate gradation analysis: (i) Coarseness Factor (ii) Workability Factor (iii) 0.45 power (iv) Combined gradation Delete Subsection 601 .06 (10) and (11 ) and replace with the following : (10) Weights of fine and coarse aggregates or combined weight when an OG is pre-blended (11 ) Moisture of fine and coarse aggregates or combined moisture when an OG is pre-blended Subsection 601 .06 (c) shall include the following : Aggregates for Class P concrete using an OG, a combination of aggregates (stockpiled separately) shall be combined prior to the stationary charging drum to meet the approved CAG. In subsection , 709.03, delete the first paragraph and replace with the following : 709.03 Dowel Bars and Tie Bars. Tie bars for longitudinal and transverse joints shall conform to AASHTO M 284 and shall be grade 60, epoxy-coated, and deformed. Bar size shall be as designated on the Standard Plan M-412- 1 . BID NO # B1500075 Page 133 January 15, 2015 17 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Colorado Procedure 65-15a Standard Practice for EVALUATING LOW CONCRETE STRENGTH TEST RESULTS OF CONCRETE CYLINDERS 1 . SCOPE 2. 1 .3 Batch tickets will be checked to determine 1 . 1 Field test procedures and strength test job site water addition . results for standard molded and cured cylinders and beams shall be evaluated separately for each 2. 1 .4 Evaluation of the concrete in question will class of concrete. Such evaluation shall be be made based on Subsections 2. 1 . 1 , 2. 1 .2 and conducted to determine if tests have been 2. 1 .3. conducted in accordance with the ASTM , AASHTO and/or approved CDOT procedures and 3. Section Deleted specifications. 1 . 1 . 1 The evaluation process will include 4. CORING investigation to ensure that proper procedures were followed in the following areas: 4. 1 This procedure describes the method used to obtain and evaluate cores from in-place -Molding concrete. This will be performed in accordance -Curing methods and temperatures with the latest revision of AASHTO T 24 (ASTM C -Initial curing period 42), with the exception that immediately after -Laboratory curing period removal from the structure, cores will be cured at a -Testing procedure temperature between 60° - 80°F (15° - 27°C) and -Personnel qualifications at a relative humidity below 60% for the first 24 hours. NOTE: Contact the Central Laboratory at (303) 398-6543 at least 48 hours before coring so 4.2 Cores taken for the determination of that additional instruction can be given. strength shall be of a standard size and within appropriate tolerance. 1 .2 This practice is comprised of two methods. Method A for evaluation of low concrete NOTE 1 Bits cut approximately 1 /4" smaller compressive strength and Method B for the than nominal OD (outside diameter). The 4 1 /4" evaluation of low concrete flexural strength. and 6 1 /4" OD bits produce 4" and 6". 2. EVALUATION 5. APPARATUS 2. 1 Should cylinders or beams fall below the 5. 1 The apparatus shall be as described in specified strength, a field investigation will be AASHTO T 24 (ASTM C 42). conducted as follows: 2. 1 . 1 If test procedures outlined in Subsection Method A Compressive Strength 1 . 1 were not followed , results will be considered to be invalid and the tests shall be discarded . If 6. PROCEDURE cores are required, they will be at the expense of CDOT to replace acceptance cylinders and at the 6. 1 Within 45 days after placement, cores with expense of the Contractor to replace QC beams. a diameter at least 3 times the nominal maximum size of the coarse aggregate used in the concrete 2. 1 .2 The concrete supplier will furnish concrete shall be obtained in accordance with AASHTO T batch tickets of the suspected low strength concrete for comparison against approved mix design. BID NO # B1500075 Page 134 January 15, 2015 18 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS 24 (ASTM C 42). The cores shall be conditioned in accordance with Subsection 4. 1 . The cores will Solution: then be tested for compressive strength between Test Evaluation : 24 and 48 hours after removal. f 'c = 3000 psi 6.2 At least 3 representative cores shall be taken from the concrete represented by each out- Average compressive strength of 3 cores - 2730 of-specification cylinder set. psi 6.3 Coring location shall be in locations Do any compressive strengths differ from the directed by the Engineer. . average by more than 10%? 6.4 Core holes shall be filled with low slump 10% of Average compressive strength = 273 psi concrete or mortar. Core 1 : 2900 - 2730 = 170 psi , < 273 therefore OK 6.5 If the compressive strength of any one core differs from the average by more than 10% Core 2: 2850 - 2730 = 120 psi , < 273 therefore OK that core will be discarded and the average will be determined using the compressive strengths of the Core 3: 2730 - 2450 = 280 psi, > 273 therefore - remaining two cores. If more than one core's discard core and re-compute average compressive strength differs from the average by compressive strength using two remaining more than 10%, the average will be determined cores. using all three cores. New average compressive strength = 2875 psi 6.6 Pay factors for strength of structural concrete shall be according to Table 601 -3 of the Use Table 601 -3 to compute appropriate price CDOT Standard Specifications, and will be used to reduction based on 2875 psi, since core strengths price reduce the cores or standard test cylinders, were higher than the cylinders strengths. whichever are higher in strength . Pay factors for concrete pavement will be evaluated according to subsection 105.06 of the CDOT Standard Specifications. 6.7 The following examples are for structural concrete in accordance with Subsection 601 . 17 of the CDOT Standard Specifications: Example 1 : Given: f 'c = 3000 psi Concrete test cylinders averaged 2800 psi . PSI Core 1 2900 Core 2 2850 Core 3 2450 Average compressive strength of 3 cores = 2730 psi. Find: Is the concrete in the structure adequate under CDOT specifications? BID NO # B1500075 Page 135 January 15, 2015 19 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Example 2: Price Reduction of Concrete In this example calculation, a certain project has a pay item for 720 cubic yards of Concrete Class D (bridge). The contractor bid $700 per cubic yards. To cover this quantity 8 sets of cylinders were molded and tested for compressive strength at 28 days. Some of the test results showed the concrete had less than the required 28-day compressive strength of 4500 psi. The project engineer has used all eight sets of cylinders to calculate the appropriate price reduction. Average Cylinder Cylinder Cylinder Cylinder Test Strength Strength Strength Strength Number psi psi psi Psi 1 4510 4270 4580 4450 2 6200 6100 6250 6180 3 3800 4310 3840 3980 4 4210 4380 4060 4220 5 4040 3830 3790 3890 6 4130 4020 3930 4030 7 _ 4710 _ 4670 4790 4720 8 4960 5160 5200 5110 TABLE 65-1 The average strength of three 28-day cylinders is used to determine the acceptability of concrete placed in a structure. The break results of test numbers 1 , 3, 4, 5 & 6 are below the required 28-day strength of 4500 psi for bridge decks. According to Section 601 . 17(c) of the CDOT Standard Specification for Road and Bridge Construction "The concrete will be considered acceptable when the running average of three consecutive strength tests is equal to or greater than the specified strength and no single test falls below the specified strength by more than 3.5 MPa (500 psi)." Average Average Cylinder of Three Strength Test Strength Consecutive Below fc' Number psi Tests (psi) psi 1 4450 --- 2 6180 --- 3 3980 4870 _ 520 4 4220 4793 280 5 3890 4030 610 6 4030 4047 470 7 4720 4213 --- 8 5110 4620 --- TABLE 65-2 The table above shows that the running average of three consecutive tests fall below the required strength of 4500 psi, and the concrete placed will be price reduced according to the pay factors in Table 601 -3 in Subsection 601 . 17. Test numbers 3, 4, 5, & 6 are represented in the low consecutive averages and will be BID NO # B1500075 Page 136 January 15, 2015 20 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS price reduced. Test number 1 is considered acceptable and will not be price reduced because its running average with the next two tests is greater than the required strength , and it is not more than 500 psi below the required strength . To price reduce the low strength results you need to know the bid price for the concrete, and the quantity represented by each test. As stated above, the concrete was bid at $700.00 per cubic yard. The contractor placed 720 cubic yards of Concrete Class D (bridge). The 720 cubic yards are represented by 8 sets of cylinders. Therefore, on this project the Engineer determined that each test represents 90 cubic yards. This is only an example and the quantity represented per test shall be determined by the Project Engineer. The formula for price reduction is: PR = Px ( 1 - PF ) xCY Where: PR = Price Reduction , P = Bid Price of Concrete, PF = Pay Factor from Table 601 -3 of Subsection 601 . 17, CY = Cubic Yards represented by the test. Average Pay Average of Three Strength Factor Test Strength Consecutive Below "lc' Table Price Number Psi Tests (psi) psi 601 -2E Reduction 1 4450 --- --- --- --- 2 6180 --- --- - - - 3 3980 4870 520 0.65 $22,050.00 4 4220 4793 280 0.92 $ 5,040.00 5 3890 4030 _ 610 0.54 $28,980.00 6 4030 4047 470 0.75 $15,750.00 7 4720 4213 --- --- --- 8 5110 4620 -- --Total Price Reduction $71 ,820.00 TABLE 65-3 The Contractor has the option to obtain cores from the areas represented by tests 3, 4, 5 & 6 before the concrete is 45 days old. Coring will be in accordance to CP 65. In this case the contractor elected to obtain cores from the bridge deck. The following is a summary of the core break results: Average Core Core Core Core Test Strength Strength Strength Strength Area psi psi psi psi 3 4230 4010 4100 4110 4 4630 4570 4510 4570 5 3690 3740 3700 3710 6 4270 4510 4400 4390 BID NO # B1500075 Page 137 TABLE 65-4 January 15, 2015 21 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS The core strength results will replace the cylinder strength results if the core strengths are higher. In this case, cores from areas 3, 4 & 6 will replace the cylinder strength results for tests 3, 4 & 6. The following table shows the new price reductions: Average Average Pay Cylinder Core Strength Factor Test Strength Strength Below fc' Table Price Number psi psi psi 601 -2E Reduction 1 4450 --- --- --- 2 6180 --- --- --- --- 3 3980 4110 390 0.84 $ 10,080.00 4 4220 4570 --- --- --- 5 3890 3710 610 0.54 $28,980.00 6 4030 4390 110 0.96 $ 2,520.00 7 4720 - - - 8 5110 --- --- - --- Total Adjusted Price Reduction $41 ,580.00 TABLE 65-5 BID NO # B1500075 Page 138 January 15, 2015 22 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Method B Flexural Strength 7. PROCEDURE 7. 1 Within 45 days after placement, cores of the same size as the splitting tensile cylinders used in the trial mix shall be obtained in accordance with AASHTO T 24 (ASTM C 42). The cores shall be conditioned in accordance with Subsection 4. 1 . The cores will then be tested for splitting tensile strength between 24 and 48 hours after removal. 7.2 At least 3 representative cores shall be taken from a single slab represented by each low flexural strength . A core containing rebar or dowel bars shall be discarded and a new core shall be taken . 7.3 Coring location shall be in locations directed by the Engineer. . 7.4 Core holes shall be filled with low slump concrete or mortar. 7.5 If the splitting tensile strength of any one core differs from the average by more than 10% that core will be discarded and the average will be determined using the splitting tensile of the remaining two cores. If more than one core's splitting tensile strength differs from the average by more than 10%, the average will be determined using all three cores. 7.6 The flexural strength of the concrete will be determined by using a correlation of the concrete's flexural strength to its splitting tensile strength. 7.6. 1 Using the flexural strength and splitting tensile strengths from the concrete's trial mix, for each age, plot the flexural strength on one axis and the splitting tensile strength on the second axis. Determine a linear equation relating the two strengths. 7.6.2 Using the average splitting tensile strength from a set of cores, and the equation in section 7.6. 1 , determine the corresponding flexural strength. 7.7 Pay factors for concrete pavement will be evaluated according to subsection 105.06 of the CDOT Standard Specifications. BID NO # B1500075 Page 139 January 15, 2015 23 REVISION OF SECTIONS 105, 106, 412, 601 AND 709 CONFORMITY TO THE CONTRACT OF PORTLAND CEMENT CONCRETE PAVEMENTAND DOWEL BARS AND TIE BARS FOR JOINTS Example 3: The following example shows a plot of flexural strength and splitting tensile strength . Average 750 Splitting Average Tensile 7OO Flexural Strength (psi) Strength a 65O Age (psi) v, y = 0.9857x - 62.367 3 545 480 .°) 600 (71 7 580 505 1- 550 - 14 635 560 a 5OO - 28 720 650 E. 450 - 400 400 500 600 700 800 Flexural Strength BID NO # B1500075 Page 140 November 6, 2014 1 REVISION OF SECTION 106 BUY AMERICA REQUIREMENTS Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106. 11 shall include the following: The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly summary shall be required even if no steel or iron products are incorporated into the project during the month . The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. BID NO # B1500075 Page 141 February 3, 2011 1 REVISION OF SECTION 106 CERTIFICATES OF COMPLIANCE AND CERTIFIED TEST REPORTS Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106. 12, delete the second paragraph and replace it with the following: The original Certificate of Compliance shall include the Contractor's original signature as directed above. The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer. It shall state that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate of Compliance shall be furnished to the Engineer prior to installation of material . The original shall be provided to the Engineer before payment for the represented item will be made. In subsection 106. 13, delete the second paragraph and replace it with the following : The Certified Test Report shall be a legible copy or an original document and shall include the Contractor's original signature as directed above. The signature (including corporate title) on the Certified Test Report, under penalty of perjury, shall be of a person having legal authority to act for the manufacturer or the independent testing laboratory. It shall state that the test results show that the product or assembly to be incorporated into the project has been sampled and passed all specified tests in conformity to the plans and specifications for this project. One legible copy or original document of the fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure to comply may result in delays to the project or rejection of the materials. BID NO # B1500075 Page 142 October 31 , 2013 1 REVISION OF SECTION 106 MATERIAL SOURCES Section 106 of the Standard Specifications is hereby revised for this project as follows: In subsection 106.02 (a), delete the third paragraph and replace with the following: The Contract will indicate whether the Department has or has not obtained the necessary County or City Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to explore and remove materials from the available source. If the Department did not obtain the necessary clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses that are incurred while these clearances or permits are being obtained shall be the responsibility of the Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit construction and reclamation requirements shown in the Contract for the available source. In subsection 106.02 (b), delete the first paragraph and replace with the following: (b) Contractor Source. Sources of sand , gravel, or borrow other than available sources will be known as contractor sources. The contractor source will be tested by the Department and approved by the Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the contract specifications it will become the Contractor's responsibility to re-sample and test the material. The Contractor will supply the Department with passing test results from an AASHTO accredited laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the Department will then re-sample and re-test the material for compliance to the contract specifications. The Contractor shall produce material which meets contract specifications throughout construction of the project. The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but shall be included in the work. BID NO # B1500075 Page 143 January 30, 2014 1 REVISION OF SECTION 106 SUPPLIER LIST Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01 shall include the following: Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when requested by the Engineer. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. BID NO # B1500075 Page 144 February 8, 2013 1 REVISION OF SECTIONS 106, 627 AND 713 GLASS BEADS FOR PAVEMENT MARKING Sections 106, 627, and 713 are hereby revised for this project as follows: Subsection 106. 11 shall include the following: All post consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106. 12 confirming that North American glass waste streams were used in the manufacture of the glass beads. Subsection 627.04 shall include the following: Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator. In subsection 627.05, delete the seventh paragraph and replace with the following : Epoxy pavement marking shall be applied to the road surface according to the epoxy manufacturer's recommended methods at the application rate or coverage shown below. Glass beads shall be applied into the epoxy pavement marking by means of a low pressure, gravity drop bead applicator. In subsection 627.05, delete the last paragraph and replace with the following : Epoxy pavement marking and beads shall be applied within the following limits: Application Rate or Coverage Per Gallon of Epoxy Pavement Marking Minimum Maximum 16 — 18 mil marking 90 sq . ft. 100 sq. ft. Beads 20 lbs. 22 lbs. Subsection 627.06 (c) shall include the following: Glass beads shall be applied into the thermoplastic pavement marking by means of a low pressure, gravity drop bead applicator. In subsection 713.08, delete the first and third paragraphs and replace with the following: 713.08 Glass Beads for Pavement Marking. Glass beads for pavement marking shall conform to AASHTO M 247, except for the following: BID NO # B1500075 Page 145 February 8, 2013 2 REVISION OF SECTIONS 106, 627 AND 713 GLASS BEADS FOR PAVEMENT MARKING ( 1 ) Gradation: % Passing U .S. Mesh Microns Epoxy Waterborne, and Low VOC and MMA High Build 16 1180 90-100 100 18 1000 65-80 97-100 20 850 85-100 30 600 30-50 50-70 40 425 10-35 50 300 0-5 0-10 80 180 0-5 (2) Roundness: All beads shall meet a minimum of 80 percent true spheres in accordance with the Office of Federal Lands Highways FLH T520 or a computerized optical testing method. (3) Color / Clarity: Beads shall be colorless, clear, and free of carbon residues. (4) Refractive Index: Minimum 1 .51 by oil immersion method . (5) Air Inclusions: Less than 5 percent by visual count. (6) Coatings: Per manufacturer's recommendation for optimum adhesion and embedment. (7) Chemical Resistance: Beads shall be resistant to hydrochloric acid , water, calcium chloride, and sodium sulfide as tested per methods outlined in sections 4.3.6 to 4.3.9 of the TT-B Federal Spec. 1325D. (8) For Epoxy Pavement Marking , a minimum of 40 percent of the total weight shall be manufactured using a molten kiln direct melt method. For Waterborne and Low VOC Paint, a minimum of 15 percent of the total weight shall be manufactured using a molten kiln direct melt method. All molten kiln direct melt glass beads shall be above the 600 pm (#30) sieve. (9) Glass beads used for any type of pavement marking shall not contain more than 75 parts per million (ppm) arsenic, 75 ppm antimony and 100 ppm lead , as tested in accordance with EPA methods 3052 and 6010C, or other approved testing method BID NO # B1500075 Page 146 February 3, 2011 1 REVISION OF SECTION 107 RESPONSIBILITY FOR DAMAGE CLAIMS , INSURANCE TYPES AND COVERAGE LIMITS Section 107 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 107. 15(c) and replace it with the following: (c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice received within seven days of the Contractor's receipt of such notice. BID NO # B1500075 Page 147 January 30, 2014 1 REVISION OF SECTION 107 WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.06 (b) shall include the following: All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights mounted as high as practicable, which shall be capable of displaying in all directions one or more flashing, oscillating , or rotating lights for warning roadway traffic. The lights shall be amber in color. The warning lights shall be activated when the work vehicle or mobile equipment is operating within the roadway, right of way or both . All supplemental lights shall be SAE Class 1 certified . BID NO # B1500075 Page 148 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 Engineer's review of the Schedule will not exceed two working days. Work shall not begin until the Schedule is accepted in writing , unless otherwise approved by the Engineer In subsection 108.03 (c), delete the third paragraph. BID NO # B1500075 Page 149 May 2, 2013 1 REVISION OF SECTION 108 LIQUIDATED DAMAGES Section 108 of the Standard Specifications is hereby revised for this project as follows: In subsection 108.09 delete the schedule of liquidated damages and replace with the following : Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 250,000 400 250,000 500,000 700 500,000 1 ,000,000 1 , 100 1 ,000,000 2,000,000 1 ,600 2,000,000 4,000,000 2,500 4,000,000 10,000,000 3,300 10,000,000 3,300 plus 200 Per Each Additional 1 ,000,000 Contract Amount or Pad Thereof Over 10,000,000 BID NO # B1500075 Page 150 January 31 , 2013 1 REVISION OF SECTION 108 SUBLETTING OF CONTRACT Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application , CDOT Form No. 205. The subcontract work shall not begin until the Contractor has received the Engineer's written permission . The Contractor shall make all project related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request and at a location convenient to the Engineer. The Contractor will be permitted to sublet a portion of the Contract, however, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization . The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. Proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond . BID NO # B1500075 Page 151 October 31 , 2013 1 REVISION OF SECTION 108 PAYMENT SCHEDULE (SINGLE CONSTRUCTION YEAR) Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 108.04, and replace with the following : 108.04 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor expects to complete by the end of each State Fiscal Year (July 1 to June 30). The schedule shall cover the period from the commencement of work to the expected completion date as shown on the Contractor's progress schedule. The payment schedule may be prepared using standard spreadsheet software such as MS Excel and submitted in electronic format. The Contractor shall submit the payment schedule at the preconstruction conference. The payment schedule shall show the total dollar amount of work expected to be completed by the end of each State Fiscal Year. The amounts shown shall include planned force account work and expected incentive payments. If the Contractor fails to submit the payment schedule by the required date, the Engineer will withhold further progress payments until such time as the Contractor has submitted it. BID NO # B1500075 Page 152 April 5, 2013 1 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (i) Asphalt Cement Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not a change to the contract unit prices bid . 1 . Cost adjustments will be based on the asphalt cement price index established by the Department and calculated as shown in subsection 109.06(i) 2.D below. The index will be the average for the month of the daily postings of the spot price per barrel of Flint Hills Resources daily crude oil posting , as published on http://www.fhr.com/refining/crude oil .aspx. The index from this source will be converted to US Dollars using the currency converter at http://finance.yahoo.com/currency; the posted price of Canadian Dollars per cubic meter of WCS on fhr.com will be converted to US Dollars per cubic meter. A conversion factor of 0.89 cubic meter per Ton will be used to convert the posted price from cubic meter to tons. The converted daily prices and the average index number for the month will be posted as soon as they are available on the CDOT website at: http://www.coloradodot.info/business/designsupport/construction-specifications/2011 -Specs/asphalt-cement- cost-adjustment 2. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following two pay items when measured by the ton and asphalt cement is included in the pay items: Item No. Item Pay Unit 403* Hot Mix Asphalt (Grading ) (Asphalt) Ton 403 Stone Matrix Asphalt (Grading _) Ton (Asphalt) *Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment. B. A cost adjustment will be made only when the asphalt cement price index varies by more than 5 percent from the asphalt cement price index at the time of bid , and only for that portion of the variance in excess of 5 percent. Cost adjustments may be either positive or negative dollar amounts. C. Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. D. Adjustment formula: EP greater than BP: ACCA = (EP — 1 .05 BP)(PA) (Q) EP less than BP: ACCA = (EP — 0.95 BP) (PA) (Q) BID NO # B1500075 Page 153 April 5, 2013 2 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Where: BP = Average Asphalt Cement price index for the calendar month prior to the calendar month in which bids are opened EP = Average Asphalt Cement price index for the calendar month prior to the calendar month in which the partial estimate pay period ends ACCA = Asphalt Cement Cost Adjustment a PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula, e.g . : 0.05. ). If Reclaimed Asphalt Pavement (RAP), Reclaimed Asphalt Shingles (RAS), or both is used , the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the RAP, RAS, or both from the percent of asphalt cement in the mix as calculated from Revision of Section 401 , Reclaimed Asphalt Pavement and Revision of Section 401 Reclaimed Asphalt Shingles. Q = Increased pay quantity for all 403 items shown above on the monthly partial pay estimate in Tons. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre- Construction Conference of the 20th of the month a February estimate will include HMA quantities measured from the 21st of January through the 20th of February, and the EP index used to calculate ACCA will be the average of the daily postings for January 1 through January 31 as established by CDOT) E. Cost adjustment will not be made for the quantity of any item that is left in place at no pay or for material removed and replaced at the Contractor's expense. F. Cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. G. The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the pay items shown above. No adjustment will be made for asphalt cement costs on items other than those shown above. H . Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. BID NO # B1500075 Page 154 May 5, 2011 1 REVISION OF SECTION 109 COMPENSATION FOR COMPENSABLE DELAYS In subsection 109. 10, delete the first two paragraphs and replace with the following: 109.10 Compensation for Compensable Delays. If the Engineer determines that a delay is compensable in accordance with either subsection 105.22, 105.23, 105.24, or 108.08, monetary compensation will be determined in accordance with this subsection. (a) These categories represent the only costs that are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1 ) Actual wages and benefits, including FICA, paid for additional labor not otherwise included in (5) below; (2) Costs for additional bond , insurance and tax; (3) Increased costs for materials; (4) Equipment costs calculated in accordance with subsection 109.04(c) for Contractor owned equipment and based on invoice costs for rented equipment; (5) Costs of extended job site overhead; (6) Costs of salaried employees not otherwise included in (1 ) or (5) above incurred as a direct result of the delay; (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified herein is required for all such claims); (8) An additional 16 percent will be added to the total of items ( 1 ) through (7) as compensation for items for which no specific allowance is provided , including profit and home office overhead . BID NO # B1500075 Page 155 February 3, 2011 1 REVISION OF SECTION 109 FUEL COST ADJUSTMENT Section 109 of the Standard Specifications is hereby revised for this project as follows: Subsection 109.06 shall include the following: (h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not changes to the Contract unit prices bid. When bidding , the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: 1 . Cost adjustments will be based on the fuel price index established by the Department and calculated as shown in subsection 109.06(h)2. D below. The index will be the monthly average of the rates posted by the Oil Price Information Service (OPTS) for Denver No. 2 Diesel. The rate used will be the OP/S Average taken from the OPIS Standard Rack table for Ultra-Low Sulfur w/Lubricity Gross Prices (ULS column ), expressed in dollars per gallon and rounded to two decimal places. 2. Cost adjustments will be made on a monthly basis subject to the following conditions: B. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay items listed in the table below for which fuel factors have been established. Adjustment will be made only when the pay item is measured by the pay unit specified in the table: Item Pay Unit Fuel Factor (FF) 202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth 203-Excavation (muck, unclassified) Embankment, Borrow Cubic Yard 0.29 Gal/CY 203-Rock Excavation Cubic Yard 0.39 Gal/CY 206-Structure Excavation and Backfill [applies only to quantities paid Cubic Yard 0.29 Gal/CY for by separate bid item; no adjustment will be made for pay items that include structure excavation & backfill, such as RCP(CIP)] 304-Aggregate Base Course (Class ) Cubic Yard 0.85 Gal/CY 304-Aggregate Base Course (Class ) Ton 0.47 Gal./Ton 307-Processing Lime Treated Subgrade Square Yard 0. 12 Gal/SY 310-Full Depth Reclamation Square Yard 0.06 Gal/SY 403-Hot Mix Asphalt (HMA) (Grading _) * Ton 2.47 Gal/Ton 403-Stone Matrix Asphalt (Grading ) Ton 2.47 Gal/Ton 405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY 405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY 405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY 406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth 412- Concrete Pavement ( Inch) Square Yard 0.03 Gal/SY/Inch thickness 412-Place Concrete Pavement' Square Yard 0.03 Gal/SY/Inch thickness *Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment. **Use the thickness shown on the plans. BID NO # B1500075 Page 156 February 3, 2011 2 REVISION OF SECTION 109 FUEL COST ADJUSTMENT C. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5 percent from the price index at the time of bid, and only for that portion of the variance in excess of 5 percent. Fuel cost adjustments may be either positive or negative dollar amounts. D. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. E. Adjustment formula: EP greater than BP: FA = (EP — 1 .05 BP)(Q)(FF) EP less than BP: FA = (EP — 0.95 BP)(Q)(FF) Where: BP = Average fuel price index for the calendar month prior to the calendar month in which bids are opened EP = Average fuel price index for the calendar month prior to the calendar month in which the partial estimate pay period ends FA = Adjustment for fuel costs in dollars FF = Fuel usage factor for the pay item Q = Pay quantity for the pay item on the monthly partial pay estimate Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q should be determined by multiplying the area by the thickness. For example: for 1000 square yards of 8-inch concrete pavement Q should be 8000. Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre- Construction Conference of the 20th of the month a February estimate will include HMA quantities (Q) measured from the 21st of January through the 20th of February, the FF will be 2.47 Gal/Ton , and the EP index used to calculate FA will be the average of the daily postings for January 1 through January 31 as established by CDOT. F. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay. G. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown . No adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate adjustments for all types of fuels used , including but not limited to gasoline, diesel , propane, and burner fuel. No additional adjustments will be made for any other type of fuel. Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item : Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. BID NO # B1500075 Page 157 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 17t" paragraph and replace it with the following : Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: (1 ) identification mark (2) vehicle length (3) tare weight (4) number of axles (5) the distance between extreme axles (6) information related to legal weight, including the Permit No. and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished prior to time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles BID NO # B1500075 Page 158 January 6, 2012 REVISION OF SECTION 109 MEASUREMENT OF WATER Section 109 of the Standard Specifications is hereby revised for this project as follows: In subsection 109.01 , delete the twenty-sixth paragraph and replace with the following : Water may be measured either by volume or weight. Water meters shall be accurate within a range of ± 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: 2 inch 4 years 4 inch to 6 inch 2 years 8 inch to 10 inch 1 year BID NO # B1500075 Page 159 January 31 , 2013 1 REVISION OF SECTION 109 PROMPT PAYMENT Section 109 of the Standard Specifications is hereby revised to include the following : Subsection 109.06 (e) shall include the following: The Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, in accordance with subsections 108.03 (b) or 108.03 (c) (3). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage to the Contractor. BID NO # B1500075 Page 160 February 3, 2011 1 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.03 (a) shall include the following: Imported Material used for backfilling pipes (storm sewer, cross culverts, side drains, etc) shall be tested for compatibility with the selected pipe material. When Nonreinforced Concrete Pipe or Reinforced Concrete Pipe is used , the imported material shall be tested for sulfate and pH When Corrugated Steel Pipe, Bituminous Coated Corrugated Steel Pipe or Precoated Corrugated Steel Pipe is used , the imported material shall be tested for sulfates, chlorides, pH and resistivity. When Aramid Fiber Bonded Corrugated Steel Pipe or Corrugated Aluminum Pipe is used, the imported material shall be tested for pH and resistivity. When Plastic pipe is selected , the imported material does not need to be tested for sulfates, chlorides, pH and resistivity. Sulfates, chlorides, pH and resistivity shall be determined by the following procedures: (1 ) Water soluble sulfates using CP-L 2103 Method B. (2) Chlorides using CPL 2104 (3) Resistivity using ASTM G57 (4) pH using ASTM G51 . The average of three consecutive tests shall show the imported material's sulfate, chloride, pH and resistivity is not greater than the limits corresponding to the Pipe Class in Table 203-1 or 203-2 for the pipe class specified on the plans. No single test shall have a result more than 20 percent greater than that corresponding to the limit in Table 203-1 or Table 203-2 for sulfates, chlorides and resistivity. No single test shall have a result more than 5 percent outside the limit in Table 203-1 for pH . The remaining sample material from a single failing test shall be split into three equal portions. CDOT shall receive one portion , the Contractor shall receive one portion and the remaining portion shall be retained by the Project. CDOT and the Contractor's Lab shall retest the failed sample; if the results from those tests are within 10 percent of each other, the results will be averaged. The averaged result will be used for Contract compliance. If the results from the Labs are not within 10 percent of each other, the remaining sample portion will be sent to an independent laboratory for testing using the testing requirements specified above. The independent laboratory will be mutually agreed upon by the Department and the Contractor. The Independent Lab's test result will be used for Contract compliance. If the imported material's sulfates, chlorides, and resistivity are less than the limits and the pH is within the limits in Table 203-1 or 203-2, CDOT will bear all costs associated with the independent lab test. If the imported material's sulfates, chlorides, and resistivity is greater than the limits and the pH is outside the limits in Table 203-1 or 203-2„ all costs associated with independent lab testing shall be at the Contractor's expense. Embankment represented by failing tests shall be removed from the project and replaced at the Contractor's expense. BID NO # B1500075 Page 161 February 3, 2011 2 REVISION OF SECTION 203 IMPORTED MATERIAL FOR EMBANKMENT Table 203-1 SULFATE, CHLORIDE AND PH OF IMPORTED MATERIAL SOIL Pipe Class Sulfate Chloride (SO4) (CI) pH % max % max 0 , 7 0.05 0.05 6.0-8.5 1 , 7 0. 10 0. 10 6.0-8.5 2, 8 0.20 0.20 6.0-8.5 3, 9 0.50 0.50 6.0-8.5 4, 9 1 .00 1 .00 5.0-9.0 5, 10 2.00 2.00 5.0-9.0 6, 10 >2.00 >2.00 <5 or >9 Table 203-2 RESISTIVITY AND PH OF IMPORTED MATERIAL SOIL SIDE Resistivity, R (Ohm — cm) pH ≥1 ,500 5.0-9.0 ≥250 3.0-12.0 BID NO # B1500075 Page 162 July 19, 2012 1 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 206, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03 (a), delete the fifth paragraph and replace with the following: 1 . Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm (No. 4) sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No. 4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4) sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth . The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced , as necessary, to obtain the moisture content specified . This scarified layer shall then be compacted to the relative compaction specified . All embankment material shall be compacted to not less than 95 percent relative compaction . Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) as determined by AASHTO T 99. Soils having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. Claystone or soil-like non-durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller, weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated . One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. BID NO # B1500075 Page 163 July 19, 2012 2 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION In subsection 206.03, delete the fourth and fifth paragraphs and replace with the following: Backfill shall consist of approved materials uniformly distributed in layers brought up equally on all sides of the structure. Each layer of backfill shall not exceed 6 inches before compacting to the required density and before successive layers are placed. Structure backfill (Class 1 ) shall be compacted to a density of not less than 95 percent of maximum dry density determined in accordance with AASHTO T 180 as modified by CP 23. Backfill shall be compacted at ± 2 percent of Optimum Moisture Content (OMC). Structure backfill (Class 2) shall be compacted to a density of not less than 95 percent of maximum dry density. The maximum dry density and OMC for A-1 , A-2-4. A-2-5 and A-3 materials will be determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will be determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. In subsection 304.06, delete the first paragraph and replace with the following : 304.06 Shaping and Compaction. Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 as modified by CP 23 has been achieved . The moisture content shall be at +/-2 percent of optimum moisture content. The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Moisture conditioning shall be performed uniformly during compaction . In subsection 613.07, delete the 15th paragraph and replace with the following : Trenching shall be backfilled and compacted as follows: Backfill shall be deposited in uniform layers. The thickness of each layer shall be 6 inches or less thick prior to compaction. The space under the conduit shall be completely filled. The remainder of the trench and excavation shall be backfilled to the finished grade. The backfill material shall be compacted to the density of not less than 95 percent of maximum dry density. The maximum dry density and optimum moisture content (OMC) for A-1 , A-2-4. A-2-5 and A-3 materials will determined in accordance with AASHTO T 180 as modified by CP 23. The maximum dry density and OMC for all other materials will determined in accordance with AASHTO T 99 as modified by CP 23. Materials shall be compacted at ± 2percent of Optimum Moisture Content (OMC). Materials having greater than 35 percent passing the 75 pm (No. 200) sieve shall be compacted at 0 to 3 percent above OMC. Each layer shall be mechanically compacted by tamping with power tools approved by the Engineer. Compaction methods or equipment that damage the conduit shall not be used . BID NO # B1500075 Page 164 January 31 , 2013 1 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete (h) and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: ( 1 ) Erosion Log (Type 1 ) shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log . The casing shall be seamless, photo-degradable tube netting and shall have minimum dimensions as shown in Table 208-1 , based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2 ) Erosion Log (Type 2) shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch) sieve with a minimum of 70 percent retained on the 9.5 mm (3/8 inch) sieve and comply to subsection 212.02 for the remaining compost physical properties. The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre-manufactured. The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2) shall have minimum dimensions as shown in Table 208-1 , based on the diameter of the log . Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight (minimum) Stake (pounds/foot) Dimensions (Inches) Min. Max. 9 inch 10 180 1 .6 1 .5 by 1 .5 (nominal) by 18 12 inch 10 180 2.5 1 .5 by 1 .5(nominal) by 24 20 inch 10 100 4.0 2 by 2 (nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208. 11 shall include the following : All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. BID NO # B1500075 Page 165 April 26, 2012 1 REVISION OF SECTION 212 SEED Section 212 of the Standard Specifications is hereby revised for this project as follows: In subsection 212.02 (a), delete the first paragraph and replace with the following: (a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the seed equipment, furnished bags or containers to test seed for species identification, purity and germination . Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified species will not be accepted . Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted . BID NO # B1500075 Page 166 January 31 , 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01 , delete the last paragraph and replace with the following : This work includes furnishing and applying spray-on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following : The hydro-mulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper, cardboard, or residue from pulp and paper plants. The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation . Upon application, the mulch material shall form a blotter like mat covering the ground . This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch . In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free-flowing , noncorrosive powder produced either from the natural plant gum of Plantago Insularis (Desert lndianwheat) or pre-gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis (Desert lndianwheat): Property Requirement Test Method (1 ) pH 1 % solution 6.5 - 8.0 (2) Mucilage content 75% min. ASTM D7047 Pre-gelatinized 100 percent natural corn starch polymer: (1 ) Organic Nitrogen as protein 5.5-7% (2) Ash content 0-2% (3) Fiber a_ 4-5%r (4) pH 1 % solution 6.5 - 8.0 (5) Size 100% thru 850 microns (20 mesh) (6) Settleable solids <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following : (a) Spray-on Mulch Blanket. Spray on mulch blanket shall be one of the following , unless otherwise shown on the plans: (1 ) Spray-on Mulch Blanket (Type 1 ) shall be a hydraulically applied matrix containing organic fibers, water soluble cross-linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket (Type 1 ) shall conform to the following : BID NO # B1500075 Page 167 January 31 , 2013 2 REVISION OF SECTION 213 MULCHING Properties Requirement Test Method Organic Fibers SIM 71 % Min. = ASTM D 2974 Cross linked Tackifiers 10% +1- 2% Min. Reinforcing Interlocking Fibers 10% +/- 1 % Min . Biodegradability 100% ASTM D 5338 Ground Cover @ Application 90% Min. ASTM D 6567 Rate Functional Longevity 12 Months Min. Cure Time l < 8 hours Application Application Rate S 3,000 lb./acre The organic fiber shall not contain lead paint, printing ink, varnish , petroleum products, seed germination inhibitors, or chlorine bleach . The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray-on Mulch Blanket (Type 2) shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed-free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket (Type 2) shall meet the following requirements: Property Requirement Test Method Fiber Retention On 28-Mesh Screen ≥ 40% Tyler Ro-Tap Method Moisture Content 12% ± 2% Total Air Dry Weight Basis Organic Matter 99.2% ± 0.2% Oven Dry Weight Basis Ash Content 0.8% ± 0.2% Oven Dry Weight Basis pH At 3% Consistency In Water 4.5-7.0 ± 0.5% Sterilized Weed-Free Yes Non-Toxic To Plant Or Animal Life Yes The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre- packed within the bag having a minimum content of 1 .0 percent. The compound shall conform to the following : Property Requirement Molecular Weight ≥ 12x106 Charge Density > 25% Non-Toxic To Plant Or Animal Life Yes (b) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically-applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion-resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately before, during , or immediately after rainfall if the soil is saturated. BFM shall conform to the following requirements: January 31 , 2013 BID NO # B1500075 Page 168 3 REVISION OF SECTION 213 MULCHING Property Requirement Test Method Ground Cover (%) 95 ASTM 6567 Bio-degradability (%) 100 ASTM 5338 Functional Longevity (months) 9 month minimum Cure Time (hours) 24-48 Cross-linked tackifier 10% minimum Application Application Rate (lbs./Acre) 3000 The fibers shall not contain lead paint, printing ink, varnish , petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03 (b) 2, delete the second paragraph and replace with the following: Application Rate: Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs. /Acre 300 lbs. /Acre 2000 gal. /Acre In subsection 213.03, delete (f) and replace with the following : (f) Spray-on Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended-term dyes and bio nutrients will be permitted. Apply Spray-on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle. Apply hydro slurry in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydro-mulching vessel shall be filled with water to at least 1 /3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motion. Run agitators at 3/4 speed . Continue to mix tank a minimum of 10 minutes prior to application . Co-polymer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Subsection 213.03 shall include the following: (g) Bonded Fiber Matrices (BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended-term dyes and bio stimulant materials shall be permitted . BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction (from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is saturated. Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. BID NO # B1500075 Page 169 January 31 , 2013 4 REVISION OF SECTION 213 MULCHING Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re-applied as ordered. Payment for corrective work, when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following : The quantity of hay and straw mulch, wood chip mulch , wood fiber and , spray-on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following : Spray-on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements. The Contractor shall verify prior to application , weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket Pound Payment for spray-on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item . BID NO # B1500075 Page 170 July 19, 2012 1 REVISION OF SECTION 250 ENVIRONMENTAL, HEALTH AND SAFETY MANAGEMENT Section 250 of the Standard Specifications is hereby revised for this project as follows: In subsection 250.03, delete the second and third paragraphs and replace with the following: This project may be in the vicinity of property associated with petroleum products, heavy metal based paint, landfill, buried foundations, abandoned utility lines, industrial area or other sites which can yield hazardous substances or produce dangerous gases. These hazardous substances or gases can migrate within or into the construction area and could create hazardous conditions. The Contractor shall use appropriate methods to reduce and control known landfill , industrial gases, and visible emissions from asbestos encounters and hazardous substances which exist or migrate into the construction area. The Contractor shall follow CDOT's Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 for proper handling of asbestos-contaminated soil , and follow all applicable Solid and Hazardous Waste Regulations for proper handling of soils encountered that contain any other substance mentioned above. Encountering suspected contaminated material, including groundwater, old foundations, building materials, demolition debris, or utility lines that may contain asbestos or be contaminated by asbestos, is possible at some point during the construction of this project. When suspected contaminated material, including groundwater, is encountered or brought to the surface, the procedures under subsection 250.03(d) shall be followed . In subsection 250.07 delete, (d) and replace with the following: (d) CDOT's Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011. Asbestos contaminated soil shall be managed in accordance with 6 CCR 1007-2, Section 5, Asbestos Waste Management Regulations. Regulations apply only upon discovery of asbestos materials during excavation and soil disturbing activities on construction projects, or when asbestos encounters are expected during construction. The contractor shall comply with procedures detailed in the CDPHE's Asbestos-Contaminated Soil Guidance Document and CDOT's approved Asbestos-Contaminated Soil Management Standard Operating Procedure, dated August 22, 2011 , including the following minimum requirements: (1 ) Immediate actions and implementation of interim controls to prevent visible emissions, exposure, and asbestos contamination in surrounding areas. (2) Soil Characterization . (3) Training required for all personnel involved in excavation and other soil disturbing activities, once asbestos is encountered during construction or on projects where asbestos encounters are expected. Training must be given by a Certified Asbestos Inspector or Certified Asbestos Abatement Designer with a minimum of six months experience inspecting asbestos contaminated soil. (4) Assessment for the presence and extent, within the proposed area of disturbance, of asbestos discoveries, whether expected or unexpected , by a Certified Asbestos Inspector. (5) Investigation and sampling required for risk assessment and management. Investigation, if required, shall be conducted by a Certified Asbestos Inspector. (6) Risk assessment and determinations for further management or abatement. (i) Risk assessment and determinations must be made by a Certified Asbestos Inspector, and coordinated with the Engineer. (ii) Soil remediation is not necessarily required , depending on the circumstances. (7) Submit 24-hour Notification of Unplanned Asbestos Discovery. (8) Submit 10-day Notification of Planned Asbestos Management. BID NO # B1500075 Page 171 April 26, 2012 1 REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401 . 17, delete the first paragraph and replace with the following : 401 .17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition . Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained . When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 ° F, further compaction effort shall not be applied unless approved , provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 °F, further compaction effort shall not be applied unless approved , provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. In subsection 401 . 17, delete the third paragraph and replace with the following : SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determined according to CP 51 . All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51 . If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made in accordance with CP 44 or 81 . In subsection 401 . 17, second to last paragraph, delete the first sentence and replace with the following: After production paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compaction process is implemented . BID NO # B1500075 Page 172 July 19, 2012 1 REVISION OF SECTION 401 COMPACTION PAVEMENT TEST SECTION (CTS) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401 . 17, delete the fifteenth paragraph and replace with the following : Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81 . Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip in accordance with the Revision of Section 403, Stone Matrix Asphalt Pavement. BID NO # B1500075 Page 173 February 3, 2011 1 REVISION OF SECTION 401 PLANT MIX PAVEMENTS Section 401 of the Standard Specifications is hereby revised for this project as follows: Subsection 401 .02(b) shall include the following : After the Form 43 is executed , and all ingredients are available on the project, the Contractor shall notify the Engineer a minimum of one working day in advance of beginning production of the hot mix asphalt. Any changes in the Form 43 will require the same notification unless otherwise approved by the Engineer. BID NO # B1500075 Page 174 February 3, 2011 1 REVISION OF SECTION 401 TEMPERATURE SEGREGATION Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401 . 16 delete the twelfth (last) paragraph and replace it with the following : The Engineer may evaluate the HMA for low density due to temperature segregation any time industry best practices, as detailed on Form 1346, are not being followed or the Engineer suspects temperature segregation is occurring . The Engineer will first meet with the Contractor to discuss the paving practices that are triggering the temperature investigation . Areas across the mat, excluding the outside 1 foot of both edges of the mat, that are more than 25 °F cooler than other material across the width may be marked for density testing . Material for temperature comparison will be evaluated in 3-foot intervals behind the paver across the width of the mat. The material shall be marked and tested in accordance with CP 58. If four or more areas within a lot of 500 tons have densities of less than 93 percent of the material's maximum specific gravity for SMA mixes or less than 92 percent of the material's maximum specific gravity for all other HMA mixes, a 5 percent price disincentive will be applied to the 500 ton lot. The 500 ton count begins when the Engineer starts looking for cold areas, not when the first cold area is detected . This price disincentive will be in addition to those described in Sections 105 and 106. Only one area per delivered truck will be counted toward the number of low density areas. Temperature segregation checks will be performed only in areas where continuous paving is possible. BID NO # B1500075 Page 175 May 2, 2013 1 REVISION OF SECTIONS 401 AND 412 SAFETY EDGE Sections 401 and 412 of the Standard Specifications are hereby revised for this project as follows: Subsection 401 . 10 shall include the following: The paver shall include an approved longitudinal paver wedge system to create a sloped safety edge as shown on the plans. The wedge system shall be attached to the screed and shall compact the HMA to a density at least as dense as the compaction imparted to the rest of the HMA layer by the paving screed. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended. The use of a single plate strike off is not permitted . The system shall be adjustable to accommodate varying paving thicknesses. The Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed in areas such as transitions at driveways, intersections, interchanges. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape and compaction. Paving shall not begin until the system is approved in writing by the Engineer. The Safety Edge may be constructed on each lift of HMA or on the full specified plan depth on the final lift. The finished shape of the Safety Edge shall extend for the full depth of the asphalt pavement or for the top 5 inches whichever is less. Subsection 401 .22 shall include the following: All costs associated with the construction of the Safety Edge will not be paid for separately, but shall be included in the work. Subsection 412.07 shall include the following : The Contractor shall use an approved longitudinal paver wedge system to create a sloped Safety Edge. The Contractor shall modify the paver screed to create a Safety Edge that meets the final cross-section shown on the plans. The system shall provide a sloped Safety Edge equal to 32 degrees plus or minus 5 degrees measured from the pavement surface cross slope extended . There may be areas where it is not possible to place the Safety Edge in conjunction with mainline paving but where the Safety Edge is required , such as transitions at driveways, intersections, interchanges, etc. In these areas the Engineer may allow the Contractor to use handwork for short sections or to saw cut the sloped Safety Edge after paving operations are completed. The Contractor shall submit the proposed system for approval at the Preconstruction Conference. The Engineer may require proof that the system has been used on previous projects with acceptable results or may require a test section constructed prior to the beginning of work to demonstrate that it creates an acceptable wedge shape. Paving shall not begin until the system is approved in writing by the Engineer. The finished shape of the Safety Edge shall extend for the full depth of the concrete pavement or for the top 5 inches whichever is less. Subsection 412.23 shall include the following: Concrete Safety Edge will be measured by the actual number of linear feet that are installed and accepted . Subsection 412.24 shall include the following: Pay Item Pay Unit Concrete Safety Edge Linear Foot Payment for concrete safety edge will be full compensation for all work and materials required to complete the item . BID NO # B1500075 Page 176 February 3, 2011 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412. 12(a) and replace it with the following : (a) Hand Finishing. Hand finishing should be minimized wherever possible. The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified , hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1 ) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved 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. BID NO # B1500075 Page 177 May 5, 2011 REVISION OF SECTIONS 412, 601 AND 711 LIQUID MEMBRANE-FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412. 14, first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content (VOC) compliant. In subsection 601 . 13 (b), first paragraph, delete the second sentence and replace with the following: A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces where curing compound is allowed , except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601 . 16 (a) 1 . , delete the first sentence and replace with the following: 1 . Membrane Forming Curing Compound Method . A volatile organic content (VOC) compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711 .01 and replace with the following: 711 .01 Curing Materials. Curing materials shall conform to the following requirements: Burlap Cloth made from Jute or Kenaf AASHTO M 182 Liquid Membrane-Forming Compounds for Curing Concrete ASTM C 309 _Sheet Materials for Curing Concrete AASHTO M 171 * *Only the performance requirements of AASHTO M171 shall apply. Straw used for curing shall consist of threshed straw of oats, barley, wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading process will not be accepted . BID NO # B1500075 Page 178 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. BID NO # B1500075 Page 179 February 3, 2011 REVISION OF SECTIONS 601 CONCRETE FINISHING Section 601 of the Standard Specifications are hereby revised for this project as follows: In subsection 601 . 12 (a) delete the fifth paragraph and replace it with the following: Water shall not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible. The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun . Finishing tools made of aluminum shall not be used . The Contractor shall provide a Quality Control Plan (QCP) to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisions of the QCP are met. The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (5) Timing of hand finishing operations (6) Methodology to place and transport concrete (7) Equipment and tools to be utilized (8) 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. BID NO # B1500075 Page 180 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 fc' for CBCs with spans up to and including 12 feet, and 0.67 fc' 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 BID NO # B1500075 Page 181 July 28, 2011 2 REVISION OF SECTION 601 CONCRETE FORM AND FALSEWORK REMOVAL girders, all interior forms and loose material shall be removed , and the inside of box girders shall be cleaned. 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 0.80f'c. Falsework for cast-in-place prestressed portions of structures shall not be released until after the pre-stressing steel has been tensioned. Concrete compressive strength shall be determined 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. BID NO # B1500075 Page 182 July 29, 2011 1 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601 .05 and replace with the following : Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch . The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601 -1 . When entrained air is specified in the Contract for Class BZ concrete, 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 Factor Strength Strength (psi) Air (Percent [ 4500 psi (Percent (psi) (Percent) ) Concrete] ) [ ? 4500 psi 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 BID NO # B1500075 Page 183 November 6, 2014 1 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS Sections 601 and 701 of the Standard Specifications are hereby revised for this project as follows: In subsection 601 .03, first paragraph , the following shall be added to the table: High-Reactivity Pozzolans 701 .04 Subsection 601 .03 shall include the following: Pozzolans shall consist of Fly Ash , Silica Fume and High-Reactivity Pozzolan. In subsection 601 .04, delete the third and fourth paragraphs and replace with the following Cementitious material requirements are as follows: Class 0 requirements for sulfate resistance shall be one of the following : (1 ) ASTM C 150 Type I , II or V (2) ASTM C 595 Type IL, IP, IP(MS), IP(HS) or IT (3) ASTM C 1157 Type GU , MS or HS (4) ASTM C 150 Type III cement if it is allowed , as in Class E concrete Class 1 requirements for sulfate resistance shall be one of the following : ( 1 ) ASTM C 150 Type II or V; Class C fly ash shall not be substituted for cement. (2) ASTM C 595 Type IP(MS) or IP(HS). (3) ASTM C 1157 Type MS or HS; Class C fly ash shall not be substituted for cement. (4) When ASTM C 150 Type III cement is allowed, as in Class E concrete, it shall have no more than 8 percent C3A. Class C fly ash shall not be substituted for cement. (5) ASTM C 595 Type IL; having less than 0. 10 percent expansion at 6 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (6) ASTM C 595 Type IT; having less than 0. 10 percent expansion at 6 months when tested according to ASTM C 1012. Class 2 requirements for sulfate resistance shall be one of the following : (1 ) ASTM C 150 Type V with a minimum of a 20 percent substitution of Class F fly ash by weight (2) ASTM C 150 Type II or III with a minimum of a 20 percent substitution of Class F fly ash by weight. The Type II or III cement shall have no more than 0.040 percent expansion at 14 days when tested according ASTM C 452 (3) ASTM C 1157 Type HS; Class C fly ash shall not be substituted for cement. (4) ASTM C 150 Type II , Ill , or V plus High-Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0. 10 percent expansion at 12 months when tested according to ASTM C 1012 BID NO # B1500075 Page 184 November 6, 2014 2 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS (5) ASTM C 1157 Type MS plus Class F fly ash or High-Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0. 10 percent expansion at 12 months when tested according to ASTM C 1012 (6) A blend of portland cement meeting ASTM C 150 Type II or III with a minimum of 20 percent Class F fly ash by weight, where the blend has less than 0.05 percent expansion at 6 months or 0. 10 percent expansion at 12 months when tested according to ASTM C 1012. (7) ASTM C 595 Type IP(HS). (8) ASTM C 595 Type IL plus Class F fly ash or High-Reactivity Pozzolan where the blend has less than 0.05 percent expansion at 6 months or 0. 10 percent expansion at 12 months when tested according to ASTM C 1012 (9) ASTM C 595 Type IT; having less than 0.05 percent expansion at 6 months or 0. 10 percent expansion at 12 months when tested according to ASTM C 1012. Class 3 requirements for sulfate resistance shall be one of the following : A blend of portland cement meeting ASTM C 150 Type II , Ill , or V with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. (1 ) ASTM C 1157 Type HS having less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. Class C fly ash shall not be substituted for cement. (2) ASTM C 1157 Type MS or HS plus Class F fly ash or High-Reactivity Pozzolan where the blend has less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. (3) ASTM C 150 Type 11 , 111 , or V plus High-Reactivity Pozzolan where the blend has less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. (4) ASTM C 595 Type 1L plus High-Reactivity Pozzolan where the blend has less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. (5) ASTM C 595 Type IP(HS) or IT having less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. (6) ASTM C 595 Type IL with a minimum of a 20 percent substitution of Class F fly ash by weight, where the blend has less than 0. 10 percent expansion at 18 months when tested according to ASTM C 1012. When fly ash or High-Reactivity Pozzolan is used to enhance sulfate resistance, it shall be used in a proportion greater than or equal to the proportion tested in accordance to ASTM C1012, shall be the same source and it shall have a calcium oxide content no more than 2.0 percent greater than the fly ash or High-Reactivity Pozzolan tested according to ASTM C 1012. In subsection 601 .05 delete the first paragraph and replace with the following: 601 .05 Proportioning. The Contractor shall submit a Concrete Mix Design for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design will be reviewed and approved following the procedures of CP 62. The Concrete Mix Design will not be approved when the laboratory trial mix data are the results from tests performed more than two years in the past or aggregate data are the results from tests performed BID NO # B1500075 Page 185 November 6, 2014 3 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS more than two years in the past. The concrete mix design shall show the weights and sources of all ingredients including cement, pozzolan , aggregates, water, additives and the water to cementitious material ratio (w/cm). When determining the w/cm, the weight of cementitious material (cm) shall be the sum of the weights of the cement, fly ash , silica fume and High-Reactivity Pozzolan . In subsection 601 .05, delete the 12th, 13th, 14th, 15th, and 16th paragraphs and replace with the following : The Concrete Mix Design Report shall include Certified Test Reports showing that the cement, fly ash, High- Reactivity Pozzolan and silica fume meet the specification requirements and supporting this statement with actual test results. The certification for silica fume shall state the solids content if the silica fume admixture is furnished as slurry. For all concrete mix designs with ASTM C150 cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High-Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IL cements, up to a maximum of 20 percent Class C, 30 percent Class F or 30 percent High-Reactivity Pozzolan by weight of total cementitious material may be substituted for cement. For all concrete mix designs with ASTM C595 Type IP, IP(MS), IP(HS) or IT cements; fly ash or High-Reactivity Pozzolan shall not be substituted for cement. For all concrete mix designs with ASTM C1157 cements, the total pozzolan content including pozzolan in cement shall not exceed 30 percent by weight of the cementitious material content. When the Contractor's use of fly ash or High-Reactivity Pozzolan results in delays to the project, when it is necessary to make changes in admixture quantities, the source, or the Contractor performs , the cost of such delays and corrective actions shall be borne by the Contractor. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, High-Reactivity Pozzolan, silica fume or aggregate. When a change occurs in the source of approved admixtures, the Contractor shall submit a letter stamped by the Concrete Mix Design Engineer approving the changes to the existing mix design . The change will need to be approved by the Engineer prior to use. In subsection 601 .06, second paragraph , delete (9) and replace with the following: (9) Type, brand, and amount of cement, fly ash and High-Reactivity Pozzolan In subsection 601 .06, delete (a) and replace with the following: (a) Portland Cement, Fly Ash, High-Reactivity Pozzolan and Silica Fume. These materials may be sacked or bulk. No fraction of a sack shall be used in a batch of concrete unless the material is weighed . All bulk cement shall be weighed on an approved weighing device. The bulk cement weighing hopper shall be sealed and vented to preclude dusting during operation. The discharge chute shall be so arranged that cement will not lodge in it or leak from it. Separate storage and handling equipment shall be provided for the fly ash , silica fume and High-Reactivity Pozzolan . The fly ash , silica fume, and High-Reactivity Pozzolan may be weighed in the cement hopper and discharged with the cement. BID NO # B1500075 Page 186 November 6, 2014 4 REVISION OF SECTIONS 601 AND 701 CEMENTS AND POZZOLANS In subsection 701 .01 delete and replace the second paragraph with the following : All concrete, including precast, prestressed and pipe shall be constructed with one of the following hydraulic cements, unless permitted otherwise. ASTM C 150 Type I ASTM C 150 Type II ASTM C 150 Type V ASTM C 595 Type IL ASTM C 595 Type IP ASTM C 595 Type IP(MS) ASTM C 595 Type IP(HS) ASTM C 595 Type IT ASTM C 1157 Type GU , consisting of no more than 15 percent limestone ASTM C 1157 Type MS, consisting of no more than 15 percent limestone ASTM C 1157 Type HS, consisting of no more than 15 percent limestone In subsection 701 .02 add the following after the first paragraph: Blending of pozzolans according to ASTM D5370 is permitted to meet the requirements of ASTM C 618. Add subsection 701 .04 immediately following subsection 701 .03 as follows: 701 .04 High-Reactivity Pozzolans. High-Reactivity Pozzolans (HRP) shall conform to the requirements of AASHTO M321 . HRPs are but not limited to metakaolin , rice hull ash, zirconium fume, ultra-fine fly ash, and fume from the production of 50 percent ferrosilicon (with SiO2 less than 85 percent). HRPs shall meet the following optional requirement of AASHTO M321 : The sulfate expansion at 14 days shall not exceed 0.045 percent HRP shall be from a preapproved source listed on the Department's Approved Products List. The HRP intended for use on the project shall have been tested and accepted prior to its use. Certified Test Reports showing that the HRP meets the specification requirements and supporting this statement with actual test results shall be submitted to the Engineer. The HRP shall be subject to sampling and testing by the Department. Test results that do not meet the physical and chemical requirements may result in the suspension of the use of HRP until the corrections necessary have been taken to ensure that the material conforms to the specifications. BID NO # B1500075 Page 187 April 26, 2012 1 REVISION OF SECTIONS 603, 624 AND 705 DRAINAGE PIPE Sections 603, 624 and 705 of the Standard Specifications are hereby revised for this project as follows: Subsection 603.07 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Subsection 603.07(c) shall include the following: Watertight joint systems for plastic pipe shall conform to subsection 705.03. In subsection 624.02 delete the third paragraph and replace it with the following : Connecting bands shall receive the same corrosion protection as the pipe with which they are used. Coatings conforming to the requirements of Sections 706 and 707 will be permitted as applicable. Connecting bands and pipe extensions shall be of similar metal, or of non-metallic material , to avoid galvanic corrosion . End sections for concrete or metal pipe shall be the same material as the pipe and meet the requirements for the same class as that specified for the pipe in accordance with Table 624-1 . Plastic end sections shall not be used . When plastic pipe is to be installed with end sections, steel or concrete end sections meeting the same class as that specified for the pipe in accordance with Table 624-1 shall be used. In subsection 624.02 delete the fourth paragraph and replace it with the following : The Contractor may furnish any pipe material allowed in Table 624-1 for the class of pipe specified in the Contract except for storm drains. The Contractor may furnish RCP or PVC allowed in Table 624-1 for the class of pipe specified in the Contract for storm drains. The Contractor shall state at the preconstruction conference the pipe materials intended to be furnished. In subsection 624.02 delete Table 624-1 and replace it with the following : BID NO # B1500075 Page 188 April 26, 2012 2 REVISION OF SECTIONS 603, 624 AND 705 DRAINAGE PIPE TABLE 624-1 Materials Allowed for Class of Pipe Material Class of Pipe* Allowed** 0 1 2 3 4 5 64 7 8 9 104 CSP YNNNNNNN N N N Bit. Co. CSP Y Y1 N N N N N N N N N A. F. Bo. CSP Y Y Y Y Y Y Y N N N N CAP Y Y2 Y2 Y2 Y2 Y N N N N N PCSP - both Y Y Y Y N N N N N N N sides PVC6 Y Y Y Y Y Y Y Y Y Y Y PE6 Y Y Y Y Y Y Y Y Y Y Y RCP (SP0)3,5 Y YNN N N N Y N N N RCP (SP1 )3'5 Y Y Y N N N N Y Y N N RCP (SP2)3,5 Y Y Y Y Y N N Y Y Y N RCP (SP3)3,5 Y Y Y Y Y Y Y Y Y Y Y * As determined by the Department in accordance with the CDOT Pipe Selection Guide. Determination is based on abrasion and corrosion resistance. ** Y=Yes; N=No. 1 Coated Steel Structural Plate Pipe of equal or greater diameter, conforming to Section 510, may be substituted for Bit. Co. CSP at no additional cost to the project. 2 Aluminum Alloy Structural Plate Pipe of equal or greater diameter, conforming to Section 510, may be substituted for CAP at no additional cost to the project. 3 SP= Class of Sulfate Protection required in accordance with subsection 601 .04 as revised for this project. RCP shall be manufactured using the cementitious material required to meet the SP class specified. 4 For pipe classes 6 and 10, the RCP shall be coated in accordance with subsection 706.07 when the pH of either the soil or water is less than 5. The Contract will specify when RCP is to be coated . 5 Concrete shall have a compressive strength of 4500 psi or greater. 6 In accordance with subsection 712. 13. Subsection 624.03 shall include the following: Joint systems for siphons, irrigation systems, and storm drains shall be watertight. Watertight joint systems for plastic pipe shall conform to subsection 705.03. Subsection 705.03 shall include the following: Watertight joint systems for plastic pipe shall be in accordance with ASTM D3212. BID NO # B1500075 Page 189 February 3, 2011 REVISION OF SECTION 612 DELINEATORS Section 612 of the Standard Specifications is hereby revised for this project as follows: In subsection 612.02(a) 1 , delete the last sentence, and replace with the following : Posts shall conform to the requirements shown on the plans, and reflectors shall conform to the requirements in subsections 713.07 and 713. 10. In subsection 612.02(a) 2.B, delete the first paragraph, and replace with the following : B. Base Anchoring . The posts shall be designed to facilitate a permanent installation that resists overturning , twisting, and displacement from wind and impact forces. It shall have an anchoring depth of 18 to 24 inches. Actual depth shall be as recommended by the manufacturer. If soil conditions prohibit anchoring depth to less than 18 inches, installation shall be in accordance with manufacturer's recommendations. BID NO # B1500075 Page 190 January 31 , 2013 1 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT Sections 627 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 627.04, delete the first paragraph and replace with the following : 627.04 Pavement Marking with Waterborne, Low Volatile Organic Compound (VOC) Solvent Base, and High Build Acrylic Waterborne Paint (High Build). Striping shall be applied when the air and pavement temperatures are no less than 45 °F for waterborne and high-build paint, and no less than 40 °F for low VOC solvent base paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and clean . Surface cleaning shall be required when there is deicing material on the road. Weather conditions shall be conducive to satisfactory results. In subsection 627.04 delete the table and replace it with the following Description Paint Waterborne Low VOC High Build Alignment Lateral Deviation 2.0 inch per 200 foot Max Coverage Rate Sq. Ft. per Gallon 90-100 90-100 67-73 Thickness Mil 16-18 16-18 22-24 Width Inches Per Plans +/- 0.25 Dry Time Minutes 5-10 5-10 5-10 Beads Application Rate, lbs/gal 7-8 9-10 Subsection 627. 13 shall include the following: Pay Item Pay Unit Pavement Marking Paint (High Build) Gallon Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. Except for pavement marking paint, pavement marking materials shall be selected from the Department's Approved Products List (APL). Prior to start of work, a Certified Test Report (CTR) for all pavement marking materials shall be submitted in accordance with subsection 106. 13. For white paint, the color after drying shall be a flat-white, free from tint, and shall provide the maximum amount of opacity and visibility under both daylight and artificial light. For yellow paint, the Federal Standard 595B shall be used to designate colors and the ASTM E308 shall be used to quantitatively define colors. After drying, the yellow paint shall visually match Federal Standard 595B color chip number 33538, and shall be within 6 percent of central color, PR-1 Chart, where x = 0.5007 and y = 0.4555 (The four pairs of chromaticity coordinates determine the acceptable color in terms of the CIE 1931 Standard Colorimetric System measured with Standard Illuminant D65. ) (a) Low VOC Solvent Base Paint. Low VOC Paint shall be ready mixed, and shall be capable of being applied to Asphalt or Portland Cement Concrete Pavements. BID NO # B1500075 Page 191 January 31 , 2013 2 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT (b) Acrylic Waterborne Paint. Acrylic waterborne paint shall be a lead-free, 100 percent Acrylic resin polymer waterborne product. The finished product shall maintain its consistency during application at temperatures compatible with conventional equipment. (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. Waterborne and High Build Acrylic Waterborne paint shall meet the following requirements: Performance Requirements: The paint shall be water resistant and shall show no softening or blistering . Table 708-1 WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT Property White Yellow Test Method Nonvolatile portion of vehicle (white and yellow), % 43.0 43.0 ASTM D 2205 Pigment Composition Percent by weight* 60.0 60.0 ASTM D 4451 ASTM D 3723 Paint Titanium Dioxide Content, lb/gal 1 .0 0.2 ASTM D 5381 Properties of the Finished Paint Total Non-volatiles, (solids) % by weight 77.0 77.0 FTMS 141C Method 4053. 1 , ASTM D 2369, or ASTM D 4758 Density, lbs/gal • 14.0-14.6 14.0-14.6 ASTM D 2205 Consistency (Viscosity) White and Yellow, Krebs- 85-95 85-95 ASTM D 562 Stormer Units Freeze Thaw Stability Shall complete 5 or more ASTM D 2243 test cycles successfully Fineness of Grind, Cleanliness Rating B, minimum 3 3 ASTM D 1210 Scrub Resistance 800 800 ASTM D2486 Directional Reflectance: [5 mil Wet Film] 90 50 ASTM E 1347 Dry Opacity (Contrast Ratio): [5 mil Wet Film] 0.95 0.95 ASTM D 2805 *Percent by weight shall include percent of organic yellow pigment. •Density shall not vary more than 0.3 lbs. /gal between batches. BID NO # B1500075 Page 192 February 17, 2012 1 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630. 16 delete the fifth paragraph . BID NO # B1500075 Page 193 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. BID NO # B1500075 Page 194 October 31 , 2013 1 REVISION OF SECTION 703 AGGREGATE FOR BASES (WITHOUT RAP) Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.03, delete the first paragraph and replace with the following : 703.03 Aggregate for Bases. Aggregates for bases except Aggregate Base Course (RAP) shall be crushed stone, crushed slag , crushed gravel, natural gravel, or crushed reclaimed concrete. Aggregate Base Course (RAP) shall be 100 percent crushed recycled asphalt pavement material. All materials except Aggregate Base Course (RAP) shall conform to the quality requirements of AASHTO M 147 except that the requirements for the ratio of minus 75 pm (No. 200) sieve fraction to the minus 425 pm (No. 40) sieve fraction , stated in 3.2.2 of AASHTO M 147, shall not apply. The requirements for the Los Angeles wear test (AASHTO T 96 & ASTM C535) shall not apply to Class 1 , 2, and 3. Aggregates for bases shall meet the grading requirements of Table 703-3 for the class specified for the project, unless otherwise specified. BID NO # B1500075 Page 195 November 1 , 2012 1 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt (HMA) shall be of uniform quality, composed of clean, hard , durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag . Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4) sieve for Gradings S, SX and SG— and on the 2.36 mm (No. 8) sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1 , as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes, when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non-plastic if the percent of aggregate passing the 2.36 mm (No. 8) sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. BID NO # B1500075 Page 196 July 28, 2011 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete the second paragraph of subsection 703.00 and Table 703-1 . Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A. The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved . 703.02 Coarse Aggregate for Concrete. Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. BID NO # B1500075 Page 197 November 1 , 2012 2 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Percent by Weight Passing Square Mesh Sieves Sieve Size Grading Grading SF** Grading ST Grading SX Grading SG 37.5 mm (11/2") 100 25.0mm (1 ") 100 90 - 100 19.0 mm (3/4") 100 90 - 100 12.5 mm (1/2") 100 90 - 100 * * 9.5 mm (%") 100 90 - 100 * * * 4.75 mm (#4) 90 - 100 * * * * 2.36 mm (#8) * 28 - 58 28 - 58 23 - 49 19 - 45 1 . 18 mm (#16) 30 - 54 600 µm (#30) * * * * * 300 µm (#50) 150 µm (#100) 75µm (#200) 2 - 12 2 - 10 2 - 10 2 - 8 1 - 7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. **SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt (SMA) shall be of uniform quality, composed of clean , hard , durable particles of crushed stone, crushed gravel, or crushed slag . A minimum of 90 percent of the particles retained on the 4.75 mm (No. 4) sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm (No. 4) sieve shall be the product of crushing rock larger than 12.5 mm (1/2 inch) and shall be non-plastic when tested in accordance with AASHTO T 90. BID NO # B1500075 Page 198 November 1 , 2012 3 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Additionally, each source of aggregate for SMA shall meet the following requirements: (1 ) No more than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small- Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No more than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. The aggregate for Hot Mix Asphalt (HMA) shall meet the requirements of Table 703-4A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of $1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211 . Table 703-4A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed Combined Aggregate (Mix Design) a 18 Combined Aggregate (1 /10,000 tons, or fraction thereof during 20 production) BID NO # B1500075 Page 199 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. BID NO # B1500075 Page 200 November 1 , 2012 1 REVISION OF SECTION 712 GEOTEXTILES Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, delete the third and fourth paragraphs and replace with the following: Physical requirements for all geotextiles shall conform to the requirements of AASHTO M-288. Materials shall be selected from the New York Department of Transportation's Approved Products List of Geosynthetic materials that meet the National Transportation Product Evaluation Program (NTPEP) and AASHTO M-288 testing requirements. The current list of products that meet these requirements is located at: www.dot.ny.gov The Geotextile Approved Products List may be accessed by clicking on the following tabs once on the NYDOT site to: (1 ) A To Z Site Index (2) Approved List (3) Approved Products (4) Materials and Equipment (5) Geosynthetics for Highway Construction (6) Geotextiles In subsection 712.08, delete Table 712-2 and replace with the following BID NO # B1500075 Page 201 November 1 , 2012 2 REVISION OF SECTION 712 GEOTEXTILES Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Particle Effective Size Range Size Permeability Turbulent Flow Millimeters (inches) Coefficient k D max D min D 20 mm cm/s (inches) Derrick STONE 3000 ( 120) 900 (36) 1200 100 One-man STONE 300 (12) 100 (4) 150 (6) 30 Clean, fine to 80 (3) 10 ('A) 13 (1/2) 10 coarse GRAVEL Fine, uniform GRAVEL 8 (%) 1 .5 (1/16) 3 ('/8) 5 Very coarse, clean, 3 (1/8) 0.8 (1/32) 1 .5 (1f1e) 3 uniform SAND Laminar Flow Uniform, coarse 2 (1/8) 0.5 (1/64) 0.6 0.4 SAND Uniform, medium 0.5 0.25 0.3 0. 1 SAND Clean, well-graded 10 0.05 0. 1 0.01 SAND & GRAVEL Uniform, fine SAND 0.25 0.05 0.06 40 x 10-4 Well-graded , silty 5 0.01 0.02 4 x 10-4 SAND & GRAVEL Silty SAND 2 0.005 0.01 1 .0 x 10-4 Uniform SILT 0.05 0.005 0.006 0.5 x 10"4 Sandy CLAY 1 .0 0.001 0.002 0.05 x 10"4 Silty CLAY 0.05 0.001 0.0015 0.01 x 10-4 CLAY (30% to 50% 0.05 0.0005 0.0008 0.001 x 10"4 clay sizes) Colloidal CLAY (-2 0.01 10 40 10-9 pm 50%) 1 Basic Soils Engineering , R. K. Hough, 2nd Edition, Ronald Pess Co. ; 1969, Page 76. Note: Since the permeability coefficient of the soil will be unknown in most non-critical, non-severe applications for erosion control and drainage, the soil-permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of the fabric with that of the in-place soil BID NO # B1500075 Page 202 January 15, 2015 1 REVISION OF SECTION 713 EPDXY PAVEMENT MARKING Section 713 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 713. 17 and replace with the following : 713.17 Epoxy Pavement Marking Material. Only epoxy pavement marking material that is on the Department's Approved Products List may be used . Batches or lots of approved products will be accepted on the project by certified test report (CTR). The CTR shall confirm that the material meets all CDOT requirements and is the same material that was preapproved in the product evaluation process. (a) Formulation. Epoxy pavement marking material shall be a two component, 100 percent solids, material formulated to provide simple volumetric mixing ratio of two volumes of component A and one volume of component B unless otherwise recommended by the material manufacturer. (b) Composition. The component A of both white and yellow shall be within the following limits: Resin / Pigment Components (% by Weight) Pigment WHITE: YELLOW: TiO2, ASTM 18-25 10-17 D476, Type II Organic Yellow 6-10 Epoxy Resin 75-82 73-84 The pigment for yellow epoxy shall contain no lead or other material such that the cured epoxy could be considered a hazardous waste under EPA or CDPHE regulations. The Contractor shall submit to the Engineer a manufacturer's certification of compliance with this requirement. (c) Epoxide Number. The epoxy number of the epoxy resin shall be the manufacturers target value ± 50 as determined by ASTM D 1652 for white and yellow component A on pigment free basis. (d) Amine Number. The amine number on the curing agent (component B) shall be the manufacturers target value ± 50 per ASTM D 2071 . (e) Toxicity. Upon heating to application temperature, the material shall not produce fumes which are toxic or injurious to persons or property. (f) Color. The epoxy material, without drop-on beads, shall correspond following requirements: White — Federal Standard No. 595B-17925. The Yellowness Index (YI ) of white shall not exceed 8.0 per ASTM E-313-10 initially. After 72 QUV exposure per ASTM G-154 with a UVA-340 Lamp at an irradiance of 0.89 W/m2/nm with alternating cycles of 4 hours U .V @ 140° F, and 4 hours humidity @ 122° F the YI shall not exceed 20 when measured per ASTM E-313. The YI , after 500-hour QUV testing as above, shall not exceed 35. Yellow — Materials for pavement markings shall meet the initial daytime chromaticity that fall within the box created by the following corner points: Initial Daytime Chromaticity Coordinates (Corner Points) 1 2 3 4 x 0.530 0.510 0.455 0.472 y 0.456 0.485 0.444 0.400 After 72-hour QUV exposure per ASTM G-154 with a UVA-340 Lamp at an irradiance of 0.89 W/m2/nm with alternating cycles of 4 hours U .V @ 140° F, and 4 hours humidity @ 122° F the Yellow shall fall within the initial chromaticity coordinates stated above. BID NO # B1500075 Page 203 January 15, 2015 2 REVISION OF SECTION 713 EPDXY PAVEMENT MARKING (g) Drying Time. The epoxy pavement marking material shall have a setting time to a no-tracking condition of not more than 25 minutes at a temperature of 73° F and above. (h) Curing. The epoxy material shall be capable of fully curing under the constant surface temperature condition of 35° F and above. (i) Adhesion to Concrete. The catalyzed epoxy pavement marking material, when tested according to ACI Method 503, shall have such a high degree of adhesion to the specified (4000 psi minimum) concrete surface that there shall be a 100 percent concrete failure in the performance of this test (j) Hardness. The epoxy pavement marking materials, when tested according to ASTM D 2240, shall have a minimum Shore D Hardness value of 80. Samples shall be allowed to cure at room temperature, 75 ± 2 °F for a minimum of 72 hours and a maximum of 168 hours prior to performing the indicated test. (k) Abrasion Resistance. The abrasion resistance shall be evaluated on Taber Abrader with a 1000 gram load and CS-17 wheels. The duration of the test shall be 1000 cycles. The wear index shall be calculated based on ASTM test method C-501 and the wear index for the catalyzed material shall not be more than 80. The tests shall be run on cured samples of material which have been applied at film thickness of 15 ± 1/2 mils to code S-16 stainless steel plates. The samples shall be allowed to cure at 75 ± 2 °F for a minimum of 72 hours prior to performing the indicated tests. (I) Tensile Strength. When tested according to ASTM D 638, the epoxy pavement marking materials shall have a tensile strength of not less than 6000 psi. The Type IV Specimens shall be cast in a suitable mold and pulled at the rate of lA inch per minute by a suitable dynamic testing machine. The samples shall be allowed to cure at room temperature (75 ± 2 °F) for a minimum of 72 hours and a maximum of 168 hours prior to performing the indicated tests. (m) Compressive Strength. When tested according to ASTM D 695, the catalyzed epoxy pavement marking materials shall have a compressive strength of not less than 12,000 psi. The cast sample shall be conditioned at room temperature, 75 ± 2 °F, for a minimum of 72 hours and a maximum of 168 hours prior to performing the tests. The rate of compression of these samples shall be no more than IA inch per minute. BID NO # B1500075 Page 204 February 3, 2011 1 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1 . The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein . 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area (SMSA, Involved 157 2080 Denver-Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin , Jefferson 13.8% 2670 Fort Collins Larimer 6.9% 3060 Greeley Weld 13. 1 % Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson , Logan , Morgan , Park, Phillips, Sedgwick, Summit, Washington & Yuma 12.8% 158 1720 Colorado Springs El Paso, Teller 10.9% (Colo. Spgs. - 6560 Pueblo Pueblo 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln , Mineral, Otero, Prowers, Rio Grande, Saguache 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield , Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin , Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, Colorado 7.5% Casper WY) GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice 6.9% -- Statewide BID NO # B1500075 Page 205 February 3, 2011 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed . With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be e measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $ 10,000 at any tier for construction work under the contract resulting from this solicitation . The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation , the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern . BID NO # B1500075 Page 206 February 3, 2011 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1 . As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U .S. Treasury Department Form 941 . d . "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican , Cuban , Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted . 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U .S. Department of Labor in the covered area either individually or through an association , its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed . Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified . BID NO # B1500075 Page 207 February 3, 2011 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period , and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training , subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U .S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following ; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred , not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d . Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women , including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. , by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed . BID NO # B1500075 Page 208 February 3, 2011 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g . Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman , etc. , prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending , subject matter discussed, and disposition of the subject matter. h . Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training , etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n . Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation . BID NO # B1500075 Page 209 February 3, 2011 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation , makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established . The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women , both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion , sex, or national origin . 11 . The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended , and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended . 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. , mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form , however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g . , those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). BID NO # B1500075 Page 210 February 3, 2011 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1 . General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U .S.C. , as established by Section 22 of the Federal-Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1 , Subsection 1 of the Federal-Aid Highway Program Manual , are applicable to material suppliers as well as contractors and subcontractors. ) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion , sex, or national origin , and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed , and that employees are treated during employment, without regard to their race, religion , sex, color, or national origin . Such action shall include; employment, upgrading , demotion, or transfer; recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation ; and selection for training , including apprenticeship, preapprenticeship, and/or on-the-job training . 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action , will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1 ) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. BID NO # B1500075 Page 211 February 3, 2011 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i .e. , schools, employment agencies, labor unions (where appropriate), college placement officers, etc. , the Contractor will take the following actions: ( 1 ) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. • (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived . b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including , but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration . In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U .S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women , or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended .) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring , upgrading , promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion , sex, or national origin . The following procedures shall be followed ; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel . BID NO # B1500075 Page 212 February 3, 2011 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found , the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d . The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation , the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying , and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e. , apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training . c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion . 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information . BID NO # B1500075 Page 213 February 3, 2011 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d . In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women . (The U .S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees. ) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1 ) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring , training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391 . BID NO # B1500075 Page 214 December 26, 2013 1 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 1 . Overview The Disadvantaged Business Enterprise (DBE) Program is a federally-mandated program that seeks to ensure non- discrimination in the award of U .S. Department of Transportation (DOT)-assisted contracts and to create a level playing field on which DBEs can compete fairly for DOT-assisted contracts. To such end , CDOT sets a contract goal for DBE participation for each DOT-assisted Contract. In order to be awarded the Contract, the bidder shall show that it has committed to DBE participation sufficient to meet the goal or has otherwise made good faith efforts to do so. CDOT will amend the goal prior to award if the lowest apparent bidder demonstrates that good faith efforts were made but sufficient commitments to meet the goal could not be obtained . CDOT will monitor the progress of the Contractor throughout the project to ensure that the Contractor's DBE commitments are being fulfilled . Modifications to the commitments must be approved by CDOT. CDOT may withhold payment or seek other contractual remedies if the Contractor is not complying with the requirements of this special provision . Upon completion of the Contract, CDOT may reduce the final payment to the Contractor if the Contractor has failed to fulfill the commitments or made good faith efforts to meet the contract goal. For general assistance regarding the DBE program and compliance, contact CDOT's Civil Rights and Business Resource Center (CRBRC) at (303)757-9234. For project specific issues, contact the Engineer. All forms referenced herein can be found on the CDOT website in the forms library: http://www.coloradodot.info/library/forms/cdot-forms-by-number 2. Contract Assurance By submitting a proposal for this Contract, the bidder agrees to the following assurance and shall include it verbatim in all (including non-DBE) subcontracts: The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as CDOT deems appropriate. 3. Definitions Terms not defined herein shall have the meaning provided in the CDOT Standard Specifications for Road and Bridge Construction . A. Commitment. A commitment is a portion of the Contract, identified by dollar amount and work area, designated by the bidder or Contractor for participation by a particular DBE. Commitments are submitted to CDOT via Form 1414, Anticipated DBE Participation Plan, or via Form 1420, DBE Plan Modification Request. Once approved, commitments are obligations of the Contract that are enforceable by CDOT. B. Commercially Useful Function (CUF). Responsibility for the execution of the work and carrying out such responsibilities by actually performing, managing and supervising the work as further described in Section 8 below. BID NO # B1500075 Page 215 December 26, 2013 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS C. Contract Goal. The percentage of the contract designated by CDOT for DBE participation . The contract goal for this contract is provided in the Project Special Provision Disadvantaged Business Enterprise Contract Goal. (1 ) The bidder/Contractor shall make good faith efforts to fulfill the contract goal with eligible DBE participation. For determining whether the contract goal was met prior to award , the contract goal shall be based upon the proposal amount excluding force account items. For determining whether the contract goal was met during and upon completion of the project, the contract goal shall be based upon the total earnings amount. (2) If the lowest apparent bidder demonstrates that it was unable to meet the contract goal but made good faith efforts to do so, the contract goal will be amended and the revised contract goal will be provided on Form 1417, Approved DBE Participation Plan . D. Disadvantaged Business Enterprise (DBE). A Colorado-certified Disadvantaged Business Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at www.coloradodbe.org . E. DBE Program Manual. The manual maintained by the CRBRC which details CDOT's policies and procedures for administering the DBE program. A copy of the DBE Program Manual is available on the CRBRC webpage. F. Eligible Participation. Work by a DBE that counts toward fulfillment of the contract goal as described in Section 4 below. G. Good Faith Efforts. All necessary and reasonable steps to achieve the contract goal which , by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. Good faith efforts are evaluated prior to award and throughout performance of the Contract. For guidance on good faith efforts, see 49 CFR Part 26, Appendix A. H . Joint Check. A check issued by the Contractor or one of its subcontractors to a DBE firm and a material supplier or other third party for materials or services to be incorporated into the work. I . Reduction. A reduction occurs when the Contractor reduces a commitment to a DBE. A reduction constitutes a partial termination . J . Subcontractor. An individual, firm, corporation or other legal entity to whom the Contractor sublets part of the Contract. For purposes of this special provision, the term subcontractor includes suppliers. K. Substitution. Substitution occurs when a Contractor seeks to find another DBE to perform work on the contract as a result of a reduction or termination. L. Termination. A termination occurs when a Contractor no longer intends to use a DBE for fulfillment of a commitment. M . Total Earnings Amount: Amount of the Contract earned by the Contractor, including approved changes and approved force account work performed, but not including any deductions for liquidated damages, price reduced material, work time violations, overweight loads or liens. The amount of the Contract earned does not include plan force account items (i.e. OJT, pavement incentives, etc). N . Work Code. A code to identify the work that a DBE is certified to perform. A work code includes a six digit North American Industry Classifications System code plus a descriptor. Work codes are listed on a firm's BID NO # B1500075 Page 216 December 26, 2013 3 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS profile on the UCP DBE Directory. The Contractor may contact the CRBRC to receive guidance on whether a work code covers the work to be performed . 4. Eligible Participation The following rules will be used to determine whether work performed by a DBE qualifies as eligible participation on the Contract: A. Work Must be Identified in Commitment. The work performed by the DBE must be reasonably construed to be included in the work area and work code identified by the Contractor in the approved commitment. (1 ) If the Contractor intends to use a DBE for work that was not listed in the commitment, the Contractor shall submit Form 1420, DBE Participation Plan Modification for approval of the modification. Unapproved work will not count toward the contract goal. (2) A DBE commitment cannot be modified to include work for which the DBE was not certified at the time of the approval of the original commitment. B. DBE Must be Certified to Perform the Work. The DBE must be certified to perform the work upon submission of the commitment and upon execution of the DBE's subcontract. (1 ) When a commitment has been made, but upon review of Form 205 or 205B, Sublet Permit, CDOT determines that the DBE is no longer certified in the work code which covers the work to be performed , the Contractor may not use the DBE's participation toward the contract goal . The Contractor shall terminate the DBE commitment and seek substitute DBE participation in accordance with Section 9 below. (2) A DBE's work will continue to count as eligible participation if the DBE was certified upon approval of Form 205 or 205B, Sublet Permit and the certification status changes during the performance of the work. (3) Suppliers must be certified upon execution of the purchase order. C. DBE Performs the Work. Eligible participation will only include work actually performed by the DBE with its own forces. (1 ) Work performed by the DBE includes the cost of supplies and materials obtained by the DBE for its work on the Contract, including any equipment leased by the DBE, provided that such supplies or equipment are not purchased or leased from the Contractor or a subcontractor that is subletting to the DBE. (2) If CDOT determines that a DBE has not performed a CUF on the project, no participation by such DBE shall count toward the contract goal . D. DBE Subcontracts to Another Firm. When a DBE subcontracts part of the work, the value of the subcontracted work may only be counted toward the goal if the subcontractor is a DBE. Performance by non-DBE subcontractors, including non-DBE trucking firms and owner-operators, shall be deducted from the DBE's participation . E. DBE Received Payment for the Work. Eligible participation only includes work for which the DBE has BID NO # B1500075 Page 217 December 26, 2013 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS received payment, including the release of its retainage. F. Special Calculations for Suppliers. When a DBE supplies goods on a project, the DBE may be classified as a manufacturer, dealer or broker. The DBE's status as a manufacturer, dealer or broker is determined on a contract-by-contract basis and is based upon the actual work performed . (1 ) When a DBE is deemed to be acting as a manufacturer, one hundred percent of the commitment will count as eligible participation. (2) When a DBE is deemed to be acting as a regular dealer (i.e. non-manufacturer supplier), only sixty percent of the commitment will count as eligible participation . (3) When a DBE is deemed to be acting as a broker, only the reasonable brokerage fee will count as eligible participation . G. Reasonable Fee for Contract-Specific Services. Services shall count toward the contract goal only if they are specifically required for the performance of the Contract. Non-contract specific expenses may not be counted toward the contract goal . Fees for services must be reasonable. Services include but are not limited to professional services, public involvement, etc. In the case of temporary employment placement agencies, only the placement fee for an individual to be specifically and exclusively used for work on the contract shall count as eligible participation . H . Pre-Approval for Joint Venture Participation. When a DBE is a participant in a joint venture, the DBE must apply to CDOT to determine how much of the work performed by the joint venture will count toward the contract goal. The DBE shall complete Form 893, Information for Determining DBE Participation when a Joint Venture Includes a DBE. Form 893 shall be submitted to CDOT no less than ten days before the submission of the Proposal to ensure sufficient time for review. 5. Proposal Requirements In order to be eligible for award , the following shall be submitted with the proposal, or, for electronic bidders, via email to cdot hq dbeforms@state.co.us by the proposal submission deadline. In order to avoid an error within the electronic bidding system , electronic bidders shall also enter the total percentage of anticipated eligible DBE participation into the Form 714 and electronically sign the form. A. Form 1413, Bidders List. The bidder shall list each subcontractor (including both DBE and non-DBE subcontractors) that submitted a quote for participation on the project. Failure to submit a signed Form 1413 will result in rejection of the proposal . B. Form 1414, Anticipated DBE Participation Plan. If the Contract Goal is greater than zero, the bidder shall submit Form 1414 to document anticipated DBE participation . (1 ) If the Bidder has not obtained any DBE commitments, it shall still submit Form 1414 documenting zero anticipated participation. If the Contract Goal is greater than zero, failure to submit a signed Form 1414 shall result in rejection of the proposal . (2) The bidder shall list the DBE , work area(s), commitment amount and estimated eligible participation for each commitment. Once Form 1414 is submitted, a commitment may only be terminated or reduced in accordance with Section 9 below. The bidder is responsible for ensuring that commitments, and the estimated eligible participation resulting therefrom, have been properly calculated prior to submitting its proposal. BID NO # B1500075 Page 218 December 26, 2013 5 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (3) If the bidder is a DBE, the bidder must include itself in Form 1414 and list the work area(s) and amount that it intends to self-perform and count as eligible participation on the contract. (4) Commitments may be made to second tier or lower DBE subcontractors; however, the Contractor is ultimately responsible for the fulfillment of the commitment and shall sign the Form 1415, Commitment Confirmation . 6. Additional Forms Due Prior to Award. If the contract goal is greater than zero, or if the bidder has voluntarily made commitments, the Bidder shall submit the following forms within five calendar days of selection as the lowest apparent bidder: A. Form 1415, Commitment Confirmation. A Form 1415, Commitment Confirmation shall be obtained from each DBE listed on Form 1414. The bidder shall complete Section 1 and the DBE shall complete Section 2 of Form 1415. Form 1415s shall be consistent with the commitments listed on Form 1414. The bidder shall not modify commitments listed on Form 1414 without good cause and approval from CDOT. The bidder shall contact CDOT if any issues arise which may require the bidder to alter or terminate a commitment. B. Form 1416, Good Faith Effort Report. If the total eligible participation listed on Form 1414 does not meet the contract goal , the lowest apparent bidder shall also submit Form 1416, Good Faith Effort Report and any supporting documentation that the bidder would like considered by CDOT as evidence of good faith efforts. 7. Commitment and Good Faith Effort Review A. Commitment Review. CDOT will evaluate the Form 1414 and each Form 1415 to ensure that it the commitment is valid and has been properly calculated . CDOT may investigate or request additional information in order to confirm the accuracy of a commitment. If CDOT determines that the total estimated eligible participation of the commitments does not meet the contract goal, within two business days of notice from CDOT or within the original five calendar day deadline, whichever is later, the bidder shall submit Form 1416 to CDOT. B. Good Faith Effort Review. If the total eligible participation of Form 1414 and all supporting Form 1415s does not meet the contract goal, CDOT will review Form 1416 and all supporting documentation submitted by the bidder in order to determine whether the bidder has demonstrated good faith efforts to obtain DBE participation . CDOT will use 49 CFR Part 26, Appendix A as a guide for determining whether the bidder made good faith efforts to meet the contract goal. A bidder will be deemed to not have made good faith efforts if the bidder lists a DBE for a work area for which the DBE is not certified and the bidder cannot establish a reasonable basis for its determination . CDOT may consider and approve commitments made after submission of the bid if the Bidder demonstrates that (1 ) good faith efforts were made prior to submission of the bid and (2) there is a reasonable justification for not obtaining the commitments prior to submission of the bid . C. Administrative Reconsideration. If CDOT determines that the bidder did not demonstrate good faith efforts to meet the contract goal, it will provide the bidder with written notice of its determination and an opportunity to appeal. The process for reconsideration is set forth in the Good Faith Effort Appeal Process, which is an Appendix I to the DBE Program Manual. A copy of the Good Faith Effort Appeal Process will be included in the written notice from CDOT. D. Form 1417, Approved DBE Participation Plan. If CDOT determines that the bidder has met the contract goal or made good faith efforts to do so, CDOT will issue Form 1417, Approved DBE Participation Plan, documenting the approved commitments. If CDOT determines that the bidder did not meet the contract BID NO # B1500075 Page 219 December 26, 2013 6 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS goal but made good faith efforts to do so, via the Form 1417 CDOT will amend the contract goal in accordance with the commitments that were obtained and attach an explanation of its determination . 8. Ongoing Oversight of DBE Participation A. Consistency Review. CDOT will review Form 205 or 205B, Sublet Permit Application to determine whether the work being sublet is consistent with the DBE commitments. CDOT may withhold approval of the sublet or stop performance of the work if the Contractor has reduced , terminated, or otherwise modified the type or amount of work to be performed by a DBE without seeking prior approval. B. Form 1419, DBE Participation Report. The Contractor shall submit Form 1419, DBE Participation Report to the Engineer on a quarterly basis (January 15, April 15, July 15, and October 15) and upon completion of the Contract. CDOT may withhold progress payments if the quarterly Form 1419 is not received on time. CDOT will not provide final payment on the Contract in accordance with subsection 109.09 of CDOT's Standard Specifications for Road and Bridge Construction until the final Form 1419 has been reviewed and approved . C. Joint Checks. All joint checks must be approved by CDOT before they are used in payment to a DBE. Joint checks used in payments to DBEs will be monitored closely to ensure (1 ) the DBE is performing a CUF and (2) the joint checks are not being used in a discriminatory manner. The Contractor shall request approval for the use of a joint check in a written letter signed by the DBE and the Contractor, stating the reason for the joint checks and the approximate number of checks that will be needed. D. Commercially Useful Function. CDOT will monitor performance during the Contract to ensure each DBE is performing a CUF. If CDOT determines that a DBE is not performing a CUF, no work performed by such DBE shall count as eligible participation . The DBE, Contractor, and any other involved third parties may also be subject to additional enforcement actions. (1 ) When determining whether a DBE is performing a CUF, CDOT will consider the amount of work subcontracted, industry practices, the amount the firm is to be paid compared to the work performed and eligible participation claimed, and any other relevant factors. (2) With respect to material and supplies used on the Contract, in order to perform a CUF the DBE must be responsible for negotiating price, determining quality and quantity, ordering the material , installing the material, if applicable, and paying for the material itself. (3) With respect to trucking , in order to perform a CUF, the DBE trucking firm must own and operate at least one fully licensed, insured and operational truck used on the Contract. Additionally, the DBE trucking firm must be responsible for the management and supervision of the entire trucking operation for which it is responsible on the Contract. (4) A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction , contract or project through which funds are passed in order to obtain the appearance of DBE participation . CDOT will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. (5) If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved , CDOT will presume BID NO # B1500075 Page 220 December 26, 2013 7 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS that the DBE is not performing a CUF. The DBE may present evidence to rebut this presumption . (6) If the Contractor disagrees with CDOT's determination regarding CUF, in accordance with 49 CFR 26.55 the Contractor may seek review of the determination by the applicable USDOT operating administration , however, CUF determination is not subject to administrative appeal . 9. DBE Participation Plan Modifications A. Form 1420, DBE Participation Plan Modification Request. During the performance of the Contract, the Contractor shall use Form 1420, DBE Participation Plan Modification Request to communicate all requests for termination, reduction, substitution , and waivers to CDOT. One Form 1420 may include multiple requests and must be submitted at the time of the occurrence or, if that is not possible, within a reasonable time of the occurrence requiring termination, reduction , substitution or waiver. B. Commitment Terminations and Reductions. No commitment shall be terminated or reduced without CDOT's approval . Terminations and reductions include, but are not limited to, instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces, those of an affiliate, a non-DBE firm or with another DBE firm. In order to receive approval, the Contractor shall: (1 ) Have good cause for termination or reduction . Good cause may include: (i) the DBE fails or refuses to execute a written contract; (ii) the DBE fails or refuses to perform the work of its subcontract consistent with normal industry standards, provided that such failure is not the result of bad faith or discriminatory actions of the Contractor or one of its subcontractors; (iii) the DBE fails to meet reasonable, nondiscriminatory bond requirements; (iv) the DBE becomes bankrupt, insolvent, or exhibits credit unworthiness; (v) the DBE is ineligible to work because of suspension or debarment proceedings or other state law; (vi) the DBE is not a responsible contractor; (vii) the DBE voluntarily withdraws from the project and provides written notice to CDOT, (viii) the DBE is ineligible to receive DBE credit for the work required ; (ix) the DBE owner dies or becomes disabled and is unable to complete the work; (x) the DBE ceases business operations or otherwise dissolves; (xi) or other documented good cause that compels termination. Good cause does not exist if the Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Contractor can self-perform the work for which the DBE was engaged or so that the Contractor can substitute another DBE or non-DBE contractor after contract award. BID NO # B1500075 Page 221 December 26, 2013 8 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (2) Provide the DBE notice of the Contractor's intent to terminate or reduce the commitment and the reason for such termination or reduction, with a copy to CDOT; (3) In the notice of intent, provide the DBE at least five calendar days to respond to the notice and inform CDOT and the Contractor of the reasons, if any, why it objects to the proposed termination or reduction and any reasons that it shall not be approved. The Contractor is not required to provide the five calendar days written notice in cases where the DBE in question has provided written notice that it is withdrawing from the subcontract or purchase order. The notice period may be reduced by CDOT if required by public necessity. (4) Following the notice period , if the Contractor decides to proceed , submit Form 1420 requesting approval of the termination or reduction . (5) When a commitment is terminated or reduced (including when a DBE withdraws), make good faith efforts to find another DBE to substitute. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the participation that was terminated or reduced up to the contract goal. C. Contract Changes. In the event of a contract change: (1 ) If CDOT eliminates or reduces work committed to a DBE, such change shall be considered good cause for termination or reduction in accordance with Section 9. B above. The Contractor shall follow the processes outlined in Section 9. B but is not required to substitute. If the change reduces the Contractor's DBE participation to below the contract goal, the Contractor shall indicate so on a Form 1420 and request a waiver of the unmet participation. (2) If CDOT issues a change which increases or adds new work items, the Contractor shall ensure that it has obtained sufficient DBE participation to meet the Contract Goal , or has made good faith efforts to do so. D. Process for Substitution or Increase in Participation to Meet the Contract Goal. When the Contractor must obtain additional DBE participation to meet the Contract Goal, whether resulting from an approved termination or reduction or a change to the Contract, the Contractor shall: (1 ) Increase the participation of a DBE for any work items previously identified in an approved commitment without seeking CDOT approval; provided , however, that at its discretion, CDOT may request a Form 1420 documenting such additional participation ; or (2) If the Contractor needs to add new work to a commitment or obtain additional participation from a DBE that is not already participating on the contract pursuant to an approved commitment, submit a Form 1420 and Form 1415 requesting approval of the additional participation ; or (3) If the Contractor determines that additional DBE participation cannot be obtained , submit a Form 1420 requesting waiver of the participation. The Contractor shall include its justification for not obtaining additional participation and , at its discretion , CDOT may require additional information regarding the efforts of the Contractor. BID NO # B1500075 Page 222 December 26, 2013 9 DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS 10. Payment Reduction The Contractor's retainage will not be released until CDOT has determined whether the Contractor will be subject to a payment reduction . Payment reductions will be calculated as follows: A. Failure to Fulfill Commitments. If the Contractor terminated or reduced a commitment, the Contractor will be subject to a payment reduction for any termination or reduction which was not approved via a Form 1420. B. Failure to Meet Contract Goal. If the Contractor failed to meet the contract goal , the Contractor will be subject to a payment reduction for the portion of the contract goal that was not met and was not waived via an approved Form 1420. C. Duplication. The contractor will not be subject to duplicate reduction for the same offense. D. Adjustments. CDOT may adjust the payment reduction wherein the Contractor demonstrates that its failure to obtain DBE participation was due to circumstances outside of its control . 11 . Other Enforcement A. Investigations. As it determines necessary, CDOT may conduct reviews or investigations of participants. All participants, including , but not limited to, DBE firms and applicants for DBE certification , complainants, and contractors using DBE firms to meet contract goals, are required to cooperate fully and promptly with compliance reviews, certification reviews, investigations, and other requests for information. B. Intimidation and retaliation. Participants shall not intimidate, threaten , coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by the DBE program or because the individual or firm has made a complaint, testified , assisted, or participated in any manner in an investigation , proceeding, or hearing under the DBE program. C. Consequences of Non-Compliance. Failure to comply with subsections 11 A. or 11 B. shall be a ground for appropriate action against the party involved (e.g. , with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or suspension and debarment). D. Fraud and Misrepresentation. If CDOT determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by CDOT to be unallowable, or if the Contractor engages in repeated violations, falsification or misrepresentation , CDOT may: (1 ) refuse to count any fraudulent or misrepresented DBE participation; (2) withhold progress payments to the Contractor commensurate with the violation; (3) suspend or reduce the Contractor's prequalification status; (4) refer the matter to the Office of Inspector General of the US Department of Transportation for investigation ; or (5) seek any other available contractual remedy BID NO # B1500075 Page 223 -1 - U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 Decision Nos. CO150024 dated January 02, 2015 supersedes Modifications ID Decision Nos. CO140024 dated January 03, 2014. MOD Date Page When work within a project is located in two or more counties Number Number(s) and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO150024 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO150024 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 24.73 9. 15 1715 Watson 2500 similar or larger 25.04 9. 15 Oiler 1716 Weld 24.88 9. 15 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN : Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 BID NO # B1500075 Page 224 -2- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 3.98 1728 Mesa 14.75 3.21 1729 Weld 14.66 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation ) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21 .21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6. 14 1738 Landscape and Irrigation 12.26 3. 16 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 3.05 BID NO # B1500075 Page 225 -3- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod LABORER (con t): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 3.22 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21 .50 3.50 Asphalt Roller 1748 Larimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.88 6.80 1752 Mesa, Weld 23.66 7.36 Backhoe/Trackhoe 1753 Larimer 21 .46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 6.33 Bobcat/Skid Loader 1756 Larimer 17. 13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 BID NO # B1500075 Page 226 -4- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con t): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6. 16 Drill 1765 Larimer, Weld 31 .39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6. 15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 5.38 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24. 16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 21 .33 6.99 BID NO # B1500075 Page 227 -5- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod POWER EQUIPMENT OPERATOR (con t.): Rotomill 1783 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 21 .33 3.50 1786 Mesa 24.06 4. 13 1787 Weld 30. 14 1 .40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13. 13 2.95 TRAFFIC SIGNALIZATION : Groundsman 1792 Larimer 11 .44 2.84 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19. 17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 BID NO # B1500075 Page 228 -6- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -09-15 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO150024 General Decision No. CO150024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Fringe Benefits Last Rate Mod TRUCK DRIVER (con t.): Lowboy Truck 1714 Larimer 18.96 5.30 1715 Mesa, Weld 18.84 5. 17 1716 Mechanic 26.48 3.50 Multi-Purpose Specialty & Hoisting Truck 1717 Larimer, Mesa 16.65 5.46 1718 Weld 16.87 5.56 1719 Pickup and Pilot Car 13.93 3.68 1720 Semi/Trailer Truck 18.39 4. 13 1721 Truck Mounted Attenuator 12.43 3.22 Water Truck 1722 Larimer 19. 14 4.99 1723 Mesa 15.96 5.27 1724 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1 )(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. BID NO # B1500075 Page 229 -7- U .S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO DATE 01 -24-14 HIGHWAY CONSTRUCTION , GENERAL DECISION NUMBER - CO10024 WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed . With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U .S. Department of Labor 200 Constitution Avenue, N .W. Washington , DC 20210 2. ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U .S. Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U .S. Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO150024 BID NO # B1500075 Page 230 July 29, 2011 1 ON THE JOB TRAINING This training special provision is an implementation of 23 U .S.C. 140 (a). The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. As part of the Contractor's Equal Employment Opportunity Affirmative Action Program, training shall be provided on projects as follows: 1 . The Contractor shall provide on the job training aimed at developing full journey workers in the skilled craft identified in the approved training plan . The Contractor shall provide at a minimum , required training hours listed in the Project Special Provisions for each project. 2. The primary objective of this specification is to train and upgrade women and minority candidates to full journey worker status. The Contractor shall make every reasonable effort to enroll and train minority and women workers. This training commitment shall not be used to discriminate against any applicant for training whether or not the applicant is a woman or minority. 3. The Contractor may employ temporary workers from CDOT supportive services providers to meet OJT requirements. Information pertaining to supportive services providers may be obtained by calling the CDOT OJT Coordinator at the number shown on the link http://www.coloradodot.info/business/equal- opportunity/training . html 4. An employee shall not be employed or utilized as a trainee in a skilled craft in which the employee has achieved journey status. 5. The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor and approved by the Department and the Colorado Division of the Federal Highway Administration (FHWA), or the U . S Department of Labor (DOL), Office of Apprenticeship or recognized state apprenticeship agency. To obtain assistance or program approval contact: CDOT Center for Equal Opportunity 4201 East Arkansas Avenue Denver, CO 80222 eo@dot.state.co. us 1 -800-925-3247 6. The Contractor shall pay the training program wage rates and the correct fringe benefits to each approved trainee employed on the project and enrolled in an approved program . The minimum trainee wage shall be no less than the wage for the Guardrail Laborer classification as indicated in the wage decision for the project. 7. The CDOT Regional Civil Rights Manager must approve all proposed apprentices and trainees for the participation to be counted toward the project goal and reimbursement. Approval must occur before training begins. Approval for the apprentice or trainee to begin work on a CDOT project will be based on: A. Evidence of the registration of the trainee or apprentice into the approved training program. B. The completed Form 838 for each trainee or apprentice as submitted to the Engineer. 8. Before training begins, the Contractor shall provide each trainee with a copy of the approved training program, pay scale, pension and retirement benefits, health and disability benefits, promotional opportunities, and company policies and complaint procedures. 9. Before training begins, the Contractor shall submit a copy of the approved training program and CDOT Form 1337 to the Engineer. Progress payments may be withheld until this is submitted and approved and may be withheld if the approved program is not followed . BID NO # B1500075 Page 231 July 29, 2011 2 ON THE JOB TRAINING 10. On a monthly basis, the Contractor shall provide to the Engineer a completed On the Job Training Progress Report (Form 832) for each approved trainee or apprentice on the project. The Form 832 will be reviewed and approved by the Engineer before reimbursement will be made. The Contractor will be reimbursed for no more than the OJT Force Account budget. At the discretion of the Engineer and if funds are available, the Engineer may increase the force account budget and the number of reimbursable training hours through a Change Order. The request to increase the force account must be approved by the Engineer prior to the training . 11 . Upon completion of training , transfer to another project, termination of the trainee or notification of final acceptance of the project, the Contractor shall submit to the Engineer a "final" completed Form 832 for each approved apprentice or trainee. 12. All forms are available from the CDOT Center for Equal Opportunity, through the CDOT Regional Civil Rights Manager, or on CDOT's website at http://wwwcoloradodot.info/business/bidding/Bidding%20Forms/Bid%20Winner%20Forms 13. Forms 838 and 832 shall be completed in full by the Contractor. Reimbursement for training is based on the number of hours of on the job training documented on the Form 832 and approved by the Engineer. The Contractor shall explain discrepancies between the hours documented on Form 832 and the corresponding certified payrolls. 14. The OJT goal (# of training hours required) for the project will be included in the Project Special Provisions and will be determined by the Regional Civil Rights Manager after considering: A. Availability of minorities, women , and disadvantaged for training; B. The potential for effective training ; C. Duration of the Contract; D. Dollar value of the Contract; E. Total normal work force that the average bidder could be expected to use; F. Geographic location ; G. Type of work; and H . The need for additional journey workers in the area I . The general guidelines for minimum total training hours are as follows: Minimum total training Contract Dollar Value hours to be provided on the project Up to 1 million 0 > 1 - 2 million 320 >2 - 4 million 640 >4 - 6 million 1280 >6 - 8 million 1600 >8 — 12 million 1920 >12 — 16 million 2240 >16 - 20 million 2560 For each increment of $5 million , over $20 1280 million BID NO # B1500075 Page 232 July 29, 2011 3 ON THE JOB TRAINING 15. The number of training hours for the trainees to be employed on the project shall be as shown in the Contract. The trainees or apprentices employed under the Contract shall be registered with the Department using Form 838, and must be approved by the Regional Civil Rights Manager before training begins for the participation to be counted toward the OJT project goal. The goal will be met by an approved trainee or apprentice working on that project; or, if a Contractor's apprentice is enrolled in a DOL approved apprenticeship program and registered with CDOT using Form 838 and working for the Contractor on a non-CDOT project. The hours worked on the non-CDOT project may be counted toward the project goal with approved documentation on Form 832. Training hours will be counted toward one project goal. 16. Subcontractor trainees who are enrolled in an approved Program may be used by the Contractor to satisfy the requirements of this specification. 17. The Contractor will be reimbursed $2.00per hour worked for each apprentice or trainee working on a CDOT project and whose participation toward the OJT project goal has been approved 18. The Contractor shall have fulfilled its responsibilities under this specification if the CDOT Regional Civil Rights Manager has determined that it has provided acceptable number of training hours. 19. Failure to provide the required training will result in the following disincentives: A sum representing the number of training hours specified in the Contract, minus the number of training hours worked as certified on Form 832, multiplied by the journey worker hourly wages plus fringe benefits [(A hours — B hours worked) x (C dollar per hour + D fringe benefits)] = Disincentives Assessed . Wage rate will be determined by averaging the wages for the crafts listed on Form 1337. The Engineer will provide the Contractor with a written notice at Final Acceptance of the project informing the Contractor of the noncompliance with this specification which will include a calculation of the disincentives to be assessed. BID NO # B1500075 Page 233 February 3, 2011 PARTNERING PROGRAM The Colorado Department of Transportation actively encourages partnering and invites the Contractor and his subcontractors and suppliers to participate in a voluntary partnering agreement for this project. The following information summarizes the partnering process. More information is available through the Resident Engineer listed in the project special provisions. This partnership will be structured to draw on the strengths of each organization to identify and achieve mutual goals. The objectives are effective and efficient Contract performance with reciprocal cooperation , and completion within budget, on schedule, and in accordance with the Contract. This partnership will be bilateral in make-up and all costs associated with this partnership will be agreed to by both parties and will be shared equally. The Contractor shall assume full responsibility for all costs associated with partnering during the implementation of the partnering process. CDOT will reimburse the Contractor for the agreed amount. The CDOT Program Engineer or the Resident Engineer will contact the Contractor within ten days after the award of this project to ask if the Contractor wants to implement this partnership initiative. If the Contractor agrees, the Contractor's on-site project manager shall meet with CDOT's Resident Engineer to plan a partnering development and team building workshop. At this planning session , arrangements shall be made to determine the facilitator and the workshop, attendees, agenda, duration , and location . The workshop shall be held prior to the commencement of any major work item and preferably before the preconstruction conference. The following persons shall attend the workshop: CDOT's Resident Engineer, Project Engineer, and key project personnel; the Contractor's on-site project manager and key project supervision personnel; and the subcontractors' key project supervision personnel. The following personnel shall also be invited to attend as needed : project design engineer, key local government personnel, suppliers, design consultants, CDOT maintenance foreman , CDOT environmental manager, key railroad personnel, and key utility personnel. The Contractor and CDOT shall also have Regional or District managers and Corporate or State level managers on the partnering team. Follow-up workshops may be held periodically throughout the duration of the Contract as agreed by the Contractor and the Engineer at the initial workshop. A closeout workshop shall be held to evaluate the effectiveness of the partnership. The establishment of a partnership charter, which identifies the workshop participants' mutual goals on the project, will not change the legal relationship of the parties to the Contract or relieve either party from any terms of the Contract BID NO # B1500075 Page 234 November 1 , 2012 1 SPECIAL CONSTRUCTION REQUIREMENTS FIRE PROTECTION PLAN (a) Fire Protection Plan. Prior to start of work, the Contractor shall submit a Fire Control Plan in writing to the Engineer for approval. The plan shall include the following : ( 1 ) The name and contact information of a Fire Control Coordinator who shall be assigned to the project. (2) A list of numbers to call in case of a fire, including 911 (or the equivalent in the area). (3) A complete list, including storage locations, of all tools and equipment the Contractor will use in the event of a fire within project limits. (4) Methods that will be employed if a fire is encountered or started during construction activities within the project limits. (5 ) Specific fire prevention precautions, and the required firefighting equipment, for every activity which has the potential for starting a fire. At a minimum the plan shall address prevention planning related to use of heavy equipment, vehicles, hand tools, storage and parking areas. (6) Specific precautions for fueling operations. (7) Provisions for field safety meetings. The Contractor shall conduct field safety meetings (also known as toolbox or tailgate meetings) at least once per week. The Contractor shall encourage participation by all persons working at the project site. Participants shall discuss specific fire prevention precautions for construction activities. (b) Equipment and Procedures. (1 ) Fire Boxes. Fire boxes shall contain tools and equipment that shall be used exclusively for controlling or suppressing fires which occur due to construction activities on project sites. Each fire box shall contain, as a minimum, the following: ( 1 ) five round-pointed shovels, (2) two double-bitted axes, (3) three pulaskis or mattocks, and (4) two backpack pumps (2) Welding. If welding at field locations is required , the welding shall be done at a location where all flammable material has been cleared away for a distance of 16 feet around the area. (3) Spark Arrestors. All diesel and gasoline powered engines, both mobile and stationary, shall be equipped with serviceable spark arrestors. (4) Power Saws. Each gasoline power saw shall be provided with a spark screen and a muffler in good condition . Spill-proof metal safety cans shall be used for refueling . (5) Storage and Parking Areas. Batch plant areas, equipment service areas, parking areas, gas and oil drum storage areas, and explosive storage areas shall be cleared of all flammable materials for a distance of 50 feet. Small stationary engine sites shall be cleared of all flammable material for distance of 17 feet. Other mitigation methods may be used as approved by the Engineer BID NO # B1500075 Page 235 November 1 , 2012 2 SPECIAL CONSTRUCTION REQUIREMENTS FIRE PROTECTION PLAN (c) Fire Control Coordinator Responsibilities. The Fire Control Coordinator shall: (1 ) Implement the Fire Control Plan. (2) Monitor, manage, and adjust the Fire Control Plan as needed as construction work progresses. (3) Document in a letter to the Engineer changes to the Fire Control Plan . (4) Immediately contact firefighting authorities when a fire is started due to construction activities within project limits. (5) Coordinate fire control and suppression activities until authorities arrive, including the evacuation of staff. (6) When the Fire Control Coordinator cannot be on the project site, he shall designate a person who is on site to serve as the Fire Control Coordinator. The Fire Control Coordinator, or his designee, shall be on site at all times that work is being performed . (d) Costs. All costs associated with the preparation and implementation of the Plan and compliance with all fire protection provisions and requirements will not be measured and paid for separately, but shall be included in the work. BID NO # B1500075 Page 236 EXHIBIT Rose Everett From: Charles Perez <Charles.Perez@scottcontracting.com> Sent: Wednesday, April 01, 2015 9:31 AM To: bids Subject: WCR 49-44 Intersection Improvement Proposal Attachments: WCR 49-44 Intersection Improvement Proposal.pdf To whom it may concern; please find attached proposal for the above named project. "I hereby waive my right to a sealed bid". Scott Contracting,Inc. C F;?S.YniP:ni.H C t.,51.. Liu.Centrnn 11, I.14IL c.lwIes.pere,2@:-coltcniitractitie.com rr♦ ... 1•.i •. ;• u` ..i:. .:...•rIrYr:u':i:: !: • , , ..,..t : .• . 't:'3iI ... .fi_i,itt•r,.. r,rt, 1 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 49/44 INTERSECTION IMPROVEMENT PROJECT PROPOSAL Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications,for the Work above indicated for the monies indicated below which includes all State,County and local taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation,services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub-Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application,the State of Colorado Department of Revenue shall issue to a Bidder or Sub-Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local,state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent(5%)based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty(60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period,in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted,he must execute the required Agreement and furnish the required Performance Bond, Labor&Materials Payment Bond and Insurance Certificates within ten(10)days from the date of Notice of Award, BID NO#91500075 Page 14 ITEM BID SCHEDULE: UNIT BID QUANTITY UNIT PRICE (DOLLARS) TOTAL PRICE NO. ITEM DESCRJPTION (DOLLARS) 201 Clearing and Grubbing LS 1 $4,621.00 $4,621.00 202 Removal of Pipe EACH 1 $1,167.00 $1,167.00 202 Removal of Asphalt Mat(Planing) SY 1,420 $1.90 $2,698.00 202 Removal of Asphalt Mat(Planing)(Special) SY 23,470 52.50 $58,675.00 • 202 Removal of Pavement Markings SF 12,931 $1.35 $17,456.85 202 Removal of Ground Sign EACH 16 $55.00 $880.00 202 Removal of Fence LF 14,362 $1.00 $14,362.00 203 Unclassified Excavation(Complete In Place) CY 38.655 $6.35 $245,459.25 203 Muck Excavation(Contingency) CY 6,600 $5.95 $39,270.011 203 Proof Rolling HOUR 20 $96.20 $1,924.00 203 Blading HOUR 20 $180.50 $3,610.00 203 Potholing HOUR 60 $286.00 $17,160.00 207 Topsoil CY 2,671 $3.65 $9,749.15 207 Stockpile Topsoil CY 3,145 $1.70 $5,346.50 208 Erosion Log(12 inch) LF 1,324 $4.05 $5,362.20 208 Sill Fence LF 2,962 $1.00 S2,962.00 208 Concrete Washout Structure EACH 2 $2,193.00 $4,386.00 208 Vehicle Tracking Pad EACH 4 $2,193.00 $8,772,00 208 Temporary Berm LF 2,000 $1.60 $3,200.00 209 Dust Palliative(Magnesium Chlondo) GAL 47,000 $1.15 $54,050.00 ITEM BID SCHEDULE: TOTAL PRICE NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE (DOLLARS) (DOLLARS) 210 Reset Mailbox Structure EACH 1 $247.50 $247.50 210 Reset Gate EACH 1 $222.00 $222.00 212 Sodding(Native) ACRE 13.5 $452.50 $6,108.75 213 1 Soil Retention Blanket(Straw/Coconut) 216 sy 25,7a5 S1.55 $39,966.75 (Landlok CS2 or Equivalent) Turf Fieinforcement Mat(Class 2)(Landlok 216 SY 4,475 $4.90 Mulch Tackitier LEI 450 or Equivalent) 304 Aggregate1 Hot Mix Asphalt(Grading S) • TON Hot Mix Asphalt(Grading S) r0 403 SY 8,374 1 1 Hot Mix Asphalt(Grading SX) r0 1 $109.00 $103,114.00 412 Concrete Pavement(11 Inch) 31,070 .1 !1 412 Concrete Pavement(11 inch)(Fast Track) 0e0 $2.45 $7.350.00 420 1111 9,900 $4.90 $48,510.00 506 CY 24 $101.50 $2,436.00 18 Inch Reinforced aincrete F'ipe(Complete 603 LF 320 $41.70 $13,344.00 In Place) 30x19 Inch Reinforced Concrete Pipe 603 LF 472 $115.00 $54,280.00 Elliptical(Complete In Place) 1B Inch Reinforced Concrete End 803 EACH 6 $863.00 $5,178.00 Section 603 30x19 Inch Reinforced Concroto End SectionEACH 10 $1,253.00 £12,534.40 Elliptical Fence Barbed Wire with Metal Pasts 607 LE 13,9,4 $2.40 $33,537.60 (Special) ITEM BID SCHEDULE: TOTAL PRICE UNIT BID QUANTITY $23.10 NO. REM DESCRIPTION (DOLLARS) 612 Delineator(Typo 1) EACH 51 $20.90 $1,065.90 612 Delineator(Typo II) EACH 51 $22.00 $1,122.00 612 Delineator;Type III) EACH 10 $23.10 $231.00 614 Sign Panel(Class II) SF 192 $23.10 $4,435.20 -7, 614 Steel Sign Post(2.5x2.5 Inch Tubing) LF 251 $14.30 $3,589.30 614 Rumble Strp LF 48 $22.00 $1,056.00 620 Field Office(Class 2) EACH 1 $9,455.00 $9,455.00 620 Sanitary Facility EACH 2 $593.50 $1,187.00 621 Detour Pavement SY 8 103 $7.15 $58,150.95 625 Construction Surveying L S 1 $31,600.00 $31,600.00 626 Mobilization L S 1 $116,500.00 $116,500.00 827 Pavement Marking Paint(Waterborne) GAL 182 $29.70 $5,405.40 627 Epoxy Pavement Marking GAI 186 $81.40 $15,I40.40 627 Preformed Thermoplastic Pavement Marking SF 601 $15.40 $9,255.40 (Word-Symbol) 627 Preformed Thermoplastic Pavement Marking SF ;r; $12.10 $1,161.60 (Xwalk-Stop Lino) 629 Survey Monument(Type 1A) EACH 1 $6,597.00 $6,597.00 630 Ragging HOUR 2,500 $24.20 $60,500.00 630 Traffic Control Inspection DAY 80 $88.00 $5,280.00 630 Traffic Control Management CAY 90 $742.00 $66,780.00 630 Barricade(Type 3 M-A)(Temporary) EACH 10 $62.50 $825.00 ITEM BID SCHEDULE: UNIT I TOTAL PRICE BID QUANTITY TM 54,123.00 IT NO. ITEM DESCRIPTION (DOLLARS) 630 Construction Traffic Sign(Panol Size Al EACH 39 $44.00 $1,716.00 630 Construction Traffic Sign(Panel Size B) EACH 10 $82.50 $825.00 630 Portable Message Sign Panel EACII 4 $4,123.00 $16,492.00 630 Drum Channelizing Device EACH 149 $33,00 $4,917.00 630 Drum Channelizmg Device(With Light) EACH 50 $55.00 $2,750.00 (Flashing) 630 Concroto Barrier(Temporary) LF 6,200 $21.80 $135,160.00 630 Traffic Cone EACH 100 $6.60 $660.00 630 Impact Aftenuator(Temporary) EACH 2 $I4,405.00 $28,810.00 700 F/A Minor Contract Revisions F A 1.0 $250,000.00 $250,000.00 700 F/A Partnering F A 1.0 $5,000.00 $5,000.00 I 700 F.'A Fuel Cost Adjustment F A 1.0 $5,000 00 $5,000.00 700 F/A On-The-Job Trainee HOUR 640 $3.00 $1,920.00 700 F/A ESB Prcgram F A 1 0 $5,000.00 $5,000,00 700 F/A Erosion Control F A 1 0 $20,000.00 $20,000.00 NOTE: INCLUDE ALL FOHCE ACCOUNT II EMS IN TOTAL BID AMOUNT. $4,202,986.15 Total Bid(Dollars): C.ine•sle Gnu°tot (nvlrewm6ronl To Whom It May Concern; With this document,Ivan S. Majestic,Jr.,as the Chief Estimator of Scott Contracting, Inc., is hereby authorized to sign bid documents including Bib Bonds and Bid Proposal Forms as a representative of Scott Contracting, Inc. Signed,\ I Lon Schumacher,President Subscribed and sworn before me this m ay ofI'+: ._J 2O12 by _I r, • '. (r ,to,:- , as . ; '•.;6ti, of :,-i"1 •i;r r_,. i,t_ri i•_-.. u _a !'r ,•... #r t..,.organized pursuant to the laws of the State of F,e..t4,re,:.t _ Terri Priddy — .. Notary Public -rya —f Notary Public ` State of COlOradO _I Hly Cc,orn IAD 01.22-2olb My Commission Expires: • • .: 1- :-=n. ; o. 9600 E lOdtl Ayunu.r Ilvn.isnun cc d^5»,' p. 303 279 r.?OOG I. 3oj 274 0-,0I EquoS •)I:pran ly E npI yer ACCEPTANCE OF FUEL COST ADJUSTMENTS: Bidders have the option to accept Fuel Cost Adjustments in accordance with the Revision of Section 109—Fuel Cost Adjustment. To accept this standard special provision, the bidder must fill in an"X"next to the "YES" below. No Fuel Cost Adjustment will be made die to fuel cost changes for bidders who answer"NO". If neither line is marked, the Department will assume the bidder resects Fuel Cost Adjustments for this project. After the bids are submitted, bidders will not be given any other opportunity to accept or reject the adjustment. YES, I choose to accept Fuel Cost Adjustments for this project. I choose NOT to accept Fuel Cost Adjustments for this project. NOTE: The following are Items of work to be completed by Weld County: During Project Construction • Materials Quality Acceptance Testing • Construction Inspection • Erosion Control Supervisor RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids,Drawings,Specifications and other Contract Documents. Addendum No. One Date: March 27, 2015 By: Charles Perez Addendum No. N/A Date: N/A By: N/A Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No.#61500075 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 Proposal contained herein(including, but not limited to, product specifications and scope of services),and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids,to waive any informality in the bids,and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.The bid(s)may be awarded to more than one vendor. FIRM_ Scott Contracting Inc. BY Ivan Majestic (Please print) BUSINESS 6880 S. Yosemite Ct. Ste. #150 April 1,2015 ADDRESS DATE CITY, STATE,ZIP CODE Centennial CO, 80112 TELEPHONE NO (3°3),(274" °6' FAX (303) 279-0901 TAX ID # 84-1293113 SIGNATURE` __-c�cc-.__ -` -- - E MAIL ivan@scottcontracting.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID NO#B1500075 Page 20 BID BOND PROJECT;WCR 49144 INTERSECTION IMPROVEMENTS PROJECT KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado(hereinafter called the"Owner")in the penal sum of Dollars($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2015 for the WCR 49144 iNTERSECTION IMPROVEMENTS PROJECT as set out in the accompanying Bid. WHEREAS,the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent(5%)of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him,that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature,enter into a written Contract with the Owner in accordance with his Bid as accepted,and give a Performance Bond with good and sufficient sureties,as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified,or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect,otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 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#91500075 Page 21 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership(to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. �A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO#B1500075 Page 22 BID BOND PROJECT; WCR 49/44 INTERSECTION IMPROVEMENT§PROJECT KNOW ALL MEN BY THESE PRESENTS,that Scott Contracting.Inc..a Colorado Corporation as Principal,and Berkley Insurance Company,a Delaware Corporation as Surety,are hereby held and firmly bound unto Weld County, Colorado(hereinafter called the"Owner")in the penal sum of Five Percent of the Total Amount Bid Dollars($ 5% i ----- ), 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 April 1 , 2015 for the WCR 49/44 INTERSECTION IMPROVEMENTS PROJECT as set out in the accompanying Bid. WHEREAS,the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent(5%)of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him,that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall,within the period specified therefore: A. On the attached prescribed forms presented to him for signature,enter into a written Contract with the Owner in accordance with his Bid as accepted,and give a Performance Bond with good and sufficient sureties,as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified,or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 1st day of April , 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 Sett Contracting,Inc. Address qe S :Yosemite Cosirt,5tt: 15g t1tennial.02 112 plc ATTEST,Lou --$`-ti-+J mot G1E� [b,h►-;4- B y l l �; ...�� ..-(----''.7 .... - �ngc al ih �,Attorney-in-Fac Surety Ber fey Insurance Company ATTEST: Address 475 Steamboat Rd.,Greenwich,CT 06830 B (. t�ri l_ Y ' ]ela J. M itoyV � •s '/ BID NO#B1500075 Page 21 No,BI-7882a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof, Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Charles McDaniel;Anuj Jain;John Browning;Sheila Montoya;Mona Weaver;Angela Tlndol;or Mary Ashley Allen of Lockton Companies, LLC of Denver, CO its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 L'.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and . ,, acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. 1.4 This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such • attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizance; or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further - RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance,or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. • IN WITNESS ESS WHEREOF, the Compi ►y has c se t}lese r Presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of /_.Zx7L Gf ,2014. Attest: Berkley Insurance Company • (Seal) By / _ _-- By '111—‘.7— 1.: Ira S. ederman Je• Hafter • Senior Vice President& Secretary e i : 'e President • WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ss: • COUNTY OF FAIRFIELD ) • Sworn to before me, a Notary Public in the State of Connecticut, this�/Jday of (,4�G7 , 2014, byytr S.Lederman and Jeffrey M.Hatter who are sworn to me to be the Senior Vice President and Secre ry, n the Senior Vice Pre id it,respectively,of t•i Berkley Insurance Company. MARIA C. RUNDBAKEN / z /j' j '.")TARYPUBLIC �/�� ( , MY Ct,MMISSION EXPIRES otary Public,State of Connecticut APRIL 30,2019 CERTIFICATE • 1,the undersigned,Assistar.t Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this_1 s.tr_day of Aper1.1_ _ , 2013 • (Seal) _ An w unra Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of;Acadia Insurance Company,Berkley Insurance Company,Berkley Regional Insurance Company,Carolina Casualty Insurance Company,Union Standard Insurance Company, Continental Western Insurance Company,and Union Insurance Company. To verify the authenticity of the bond,please call(866)768-3534 or email BSGInquiry@berkleysurety.com Any written notices,inquiries,claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown,NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond.Where a claim is being asserted,please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. F.rm 1tY"9 Request for Taxpayer Give Form to the en• Awl'. ?VW'. requester,Do not fsvvi„r.•,1:J,13r,,.'.r1y Identification Number and Certification send to the IRS. Inly",d gwi•.wr Sw,x..• 43.7:.0:348,v.t ev-ixh"rat.8.'t'118 '-- Scott Contracting Inc. 2au:Inr•�:•:nn,u,•:,i d^".t d,•d-++:nt ream• d drll••r•of nun,.✓tn,• Npp NOt n i:n.r1 11353 lo.!•'.l•r.n 1: ... .o,r,..•I•,n 't_1tCn11)s'341. '.: 11111 ur:lusrl: Cg . .Inawxlu.l.:wr'Of%el•;ko '. (••IJJ:I I n 1 x$•,,urp toe<w+ r:a45tashgl•node,(llwbl.11•an:t;iw'n 1''•1,t II:••IA•.r-wWleAb.tl�1. a...r:/(r0IwII111, C p)► l,a'n.pbrrl If:oft AnlA Iern'slrlrl t'tal.'ill•11 r:: 4 !_tn,:•l'✓"•:iIS1tIY,tKJ:'.:► F .A.1.11:..-.prdrtt.:r.:•hc•`C mll.vp1 1x:..,?. 1 RCVu••:1,v n,U•:. J:5I ,, 6880 S. Yosemite Ct. Ste.#150 w nil Centenn'al, CO 80112 Parti Taxpayer Identification Number(TIN) ,4_ Enter vox TIN(a tI.e ar•IJI wrote box. The TIN tr.vplvd most m3101 1110 11atn•t'Leah on the Name'line Sucul,.o..vnly ronnbur to avoid beekuL'.:ithh0ld,nq For asyr.lduats.U11:ra vote s:G'JI sectarty hombre l$$14) However.lot a resident alien sde plopm.NOJ of JS11r t'q:(r'Ju:nnt.t., Nee too pan 1 MSt'JCh,xo;net page 3 Fo,other - - rnt'I"H II.s you'iroirIOpx•f I!lelell.r 1ptY1 nt11t1:)(34(EIN) :I r.;V OA nut IW'.0:•('Limbo, S4:!Now in qt't,) T1NCO page 3 Note.If the acco.lnl is 1n snore Ih.an ore carve. sou ate')ran on p:I/)e 11 lax guide eves(r,Whose li.nployar itentilweai ru mb°, mumbo;to enter 8 4 _ 1 2 9 3 1 1 3 Part II Certification Under penalties 0'perjury. Certify that I The number shown on:hie torn is my 0'03(601 taxpayer'genetical on number for 2m want ng for a number:o he IS3lla(I to m0'; ante 2 I am not 9ubifiol t^,hac%ur,wtthnddng hecaust tai'•im exempt from bick.Ip'withholding,or(hi'have not been notified by the Internal Revenue Service;IRS)that I am c111)W1 to OOckU(I Witiihrlld.M3 as a resod of a fella;!re 114OA OR Inlefrr•1 iJ,o:vldena'IS Ir 1C the IRS has not f•ed tree that I am no longer Sublest to brh*up withholding.and 3 I aryl a U.S.citizen u'Wilke U S poison(drfnad belrrri; and 4 The FATCAcodela;erlets:a or l:l s form 4:ar,/:rd,CSUr-;that I am exempt Irma FATGA'liport•rnN IA car•rct Certlllcatlnn nab uctiena. VV 3,1.:51 CflSs Vtl,I'b'1'2 if,Ovv if oO u have 174on n1t,'IA 1 I,);I•r+Ills(lien you a10 C,Inent'y sub eel to backup withholding because you have tailed to repot ell Inleles:antl'tn-dbr'ci 011 your l3t r ell.ln Par reel•;1 ate I'131 . 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Und,.I:.I.d•.. 3n'..',Iv oil,'¶41!10Ihr IJ111..,''1lp to r.it.,tJpvhtv.n.,:5.:Ids:.0 J CIaNu•)."monk.,Ifs:,, 14411 r ')a•;kelp\11..1 34 5 It a.0 "'a I!;•.ex•rapt pier. II :Le y .h ebb rte+1..xl'Jn.wr!d.•,l,Lot w<Y 1.1 LI p.4>nn.:qa,dlaa•.i N.a••ul 1.•n::,re. trl Vlh:IJmQ Jn;ns 1.11.11f,:d po.r1000'1' Y1elglIrt nlip I:a3III'•I AM:In.d.rn,41y11 a I t li IIYJp It In4:aloe.1'1 11!3 vJlJl•,ra lu the r'r, It+II.r( r,.ln W-9 lFtr.,,:'341113) a Wls.wanrww'rs•sa„rs.." +.-...�.--.t=-_x»...._v tea._.__ .azr_e�++n__`_+-'.s.,ru.=ti.w. BID NO#81500075 Page 23 COLORADO DEPARTMENT OF TRANSPORTATION B1500075 ANTI-COLLUSION AFFIDAVIT Intersection of WCR 49 & WCR 44 I hereby attest that i am the person responsible within my firm for the Anal decision as to the price(s)and amount of this bid or,if not.that I have written authorization. enclosed herewith.from that person to make the statements set out below on his or her behalf and on Derail or my firm, I further attest that: 1. The prices) and amount Of this bid have been arrived at independently.Without consultation.Communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s)nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this protect, and will not be so disclosed prior to bra opening. 2B. Neither the prices nor the amount Of the bid of any other firm or person who Is a Ladder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit.cause or induce any firm or person who is a bidder or potentia'prime bidder to retrain from bidding on this project,or to submit a bid higher than the bid of this firm or any Intentionally high or nor• competitive bid or other form of complementary bid. 3B. NO agreement has been promised or solicited fur any other firm or person who is a bidder or potertial prime bidder on this project to submit an intentionally high. noncompetitive or other form of complementary bid on this project. 4 The Did or my frm is made In good faith and not pursuant to any consultation.communication. agreement or discussion with,or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom, pettive or other form of complementary bid. 5 My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any tirm or person.or Duered. promised or pare cash or anything 01 value to any firm or person. whether in connection with this or any other project in consideration for an agreement or promise by any firm or person to retrain from bidding or to submit any intentionally high, noncompet tive or other form of complementary bid or agreeing or promising to do so on this project. 5. My firm has not accepted or been promised any subcon:'act or agreement regarding the sale of materials or services to any firm or person,and has not been promised or paid cash or anything of va'ue by any'km or person, whether in connection with th.s or any other project,in consideration for my firm's submitting any Intentionally nigh. noncompetitive or other form of complementary bid.or agreeing or promising to do so.on this project. 7. :have made a diligent inquiry of all members.officers. employees,and agents of my firm with responsibilities relating to the preparation.approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication.consultation.discussion. agreement,collusion,or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my tirm understands that any misstatement in this affidavit is and shalt be treated as a fraudulent concealment from the Cu'oradu Department of Transportation. of the true facts relating to submission or bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE.AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOW.EDGE. 4-1-2015 Scott Contracting Inc. --- Chief Estimator Sworn to before me this First day of April ?O 15 �>�vL\( LAURA 1 MITZNSR 1 _. ,.�� NOTARY PUBLIC \C.:4' STATE OF COLORADO 1 NOTARY iD:20 1032863 NOTE: This document must be signed in ink. MY COMMISSION EXPIRESIANUARY28,2019 Cool Form 0606 1Ia BID NO ft B1500075 Page24 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name end Number Project Code Proposal Date Contractor Region WCR 49/44-B1500075 First April 1,2015 Scott Contracting Inc. CO SubcontractorsISuppllersNondors: The bidder roust list all firms soaking to participate on the centred. This Information Is used by the Colorado Department of Transporiallon(COOT)to determine overall goals forthe Disadvantaged Business Enterprise Program. Failure to submit this form may result In the proposal being rejected. Work Proposed DBE Selected Firm Name Email (Select all that apply) (YIN) (YIN) Northern Colorado Traffic Control gloria@nocotraffic.com Traffic Control 1Yes Yes Work Zone Traffic Control john wztci@hotrnail.com Traffic Control No No Roadsafe Traffic mhagen@roadsafetraffic.com Traffic Control No No Powell Restoration derek.butts@powellrestoration.com Erosion Control Yes Yes Environmental Logistics mike@envlogistics.com Erosion Control Yes No CDI ,DrewB@cdi-services.com Erosion Control No No Arnold's Ag Group bharnold@skybeam.com Fencing iNo Yes Concrete Coring Company Greg@concrete-coring.com Conc.Saw Seal iNo Yes WIlaco Supply fdmeyers@wylaco.com Dust Palliative 'No Yes PLM namsinger@plmus.com Asphalt Paving No 'Yes Kolbe Striping bids@kolbesiriping.com Striping No Yes RKM Flatllne travis@rkm-construction.com Striping Yes No Roadsafe Traffic rstreno@roadsafetraffic.com Striping No No Rhino Power Services r.rhinopower@comcast.net Potholing No Yes Badger Daylighting blyster@actbadger,corn Potholing No No PLM namsinger@plmus.com Milling No Yes Kehn Construction terri@kehnconstruction.com Milling Yes No Alpha Milling syoung@alphamilling.com Milling `slo No Northern Colorado Traffic Control ploria@nocotraffic.com /Signage Yes Yes Roadsafe Traffic ,mhagen@roadsafetraffic.com Signage 'lo No J.C. Supply matt2@jcsupply.us Steel Manufacturing Yes Yes r I certify that the Information provided herejn-N inie` -- a the best of my knowledge. WA NI 5.iNA,Tiellt:1�- � hief Estimator 4-1-15 Name Signature/initials Title Date Work Proposed Coregorlos: I1 Stricluro,Srooi On'1 Stool lc.r.hr:em..'n: 2r C.e3nng Liem&'+!'r. ERcavehon aru i':a:O^Ors 04:: :,F.,'..,,:::; r2 P.'p.'ap ar.ti Any h:rod Reram:xi Wars Fami,,cic 2 1 iavprq r i rralCti _.!.?rJGi 13 L anL'Mave:.10 F.rs,CA Como; 22 Eng!.oae:;!)g R?1 rL,.rveryng Service. .1 Tracking ar;:Ha Jrr,,1 14 C:7i/99 arc Eroge COCK Consf•u:u:?? 23.F'!i.51!,.RaI3 i r s afsl,PW.Iv9menr 3 Precas C4,:2reta F@18JoLG,15 Ji,c' 15 •4 p;a:t pa:'ng 24 Piles and(ieso row-Wal:oriS r.Cor,ogs 16 MpnN R,,1 Pa.'rov Lot P.iar,:f,^e 25 Waste!.!d.'77i;nrii ;tIr Recvcl'eg 5 Cox:efe Psrr,g F ia:,'.:rr end fien3.: 17 C!h:p Sea! Cu+c-A:ea:Jove Sea'an i 2e.Sae Clean vo E LrQnhnga^dE;e CL:::a' Crc.Fel 27 IIchaivca'a.idHVGC 1 Sirs S!sp'9'I.?Srn't'1r. dr:(uu.11i::8r' 1 :-J::d.)oP51:WJ.?yenctCoahn, 21l 7;ri,a'`G6nsh`lXfor a FM.', ,n.1 1i $!B!' 1I 8',!I 0Mgr:.I('19i F{9te! 2:' P,rrir:n,2,,a.?t;mnnuinrj 9 CJXrjrn)S old Vi'rf'.U!£7::,.b::er 20 Pa,kngr.er.apjl'.3?er:rproa!:,Ll �31k5 30 Eri!!e:nvrenra:+feeku and 5alegr This form must be submitted by the proposal deadline. For CDOT projects,submit to cdot_hq_dbeforms'state.co.us. CD:n1 form 41413 C^i!.1 - ._ _�.«�. �_—-•—.rte...:........ . .... - ' ._ �,_.---- —� ,.., .� BID NO#B1500075 Page 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Scott Contracting_Inc. Project WCR 49/44 Intersection Contact Ivan Majestic Project Code B1500075 Phone: (303) 279-0900 Date of Proposal: April 1,2015 Email: ivan@scottcontracting.com Contract Goal' 5% Preferred Contact Method: 'email Region: Colorado DBE Commitments Commitment Eli ible DBE Firm Name Work to Be Performed Amount Participation Northern Colorado Traffic Control Traffic Control 187,399.00 187,399.00 1Powell Restoration Erosion Control 89,050.35 89,050.35 J.C.Supply Steel Manufacturing 119,715.49 119,715.49 Total Eligible Participation 396,164.84 Total Bid Amount,4,202,986.15 Total Eligible Participation Percentage 9.4% aldder Signature _ This section must be signed by an individual with the authority to bind the Bidder, 8y signing this form,as an authorized representative of the Bidder,you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further,you attest that you have read the Standard Special Provision Disadvantaged Business Enterprise Requirements and understand the foliowng: COOT shall not award a contract until it has been determined that the contract goal has been met or that you have otherwise demonstrated good cause. Once your proposal has been submitted,commRments may not be modrred or terminated wthout the approval of CDCT. If selected as the lowest apparent bidder,you shall submit a Form 1415 for each commitment listed above. If you have riot met the xntract goal,you will also be required to submit documentation of all good faith efforts to meet the contract goal It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. For additional information and instructions on calculating eligible participation,see the Standard Special Provision Disadvantaged Busiress Enterprise Requirements. Ivan Majestic Chief Estimator ,�. ? ;�, April 1,2015 Name Title Signature Date This form must be submitted by the proposal deadline. For CDOT projects,submit to cdot_hq_dbeformstb,state.co.us. Civ.I Rights and Business Resource Center CDOT Form#1414 01/14 BID NO#81500075 Page 26 / ' ® DATE(MMIDDIYYYY) A�Rn CERTIFICATE OF LIABILITY INSURANCE 4/1/2016 ATEIMt oIY 15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 8110 E Union Avenue PHONE FAX EA/C,No=Est). — (AIQ No): Suite 700 Denver CO 80237 ADDRESS: (303)414-6000 INSURER(S)AFFORDING COVERAGE NAICk INSURER A:Bituminous Fire& Marine Insurance Co 20109 INSURED Scott Contracting,Inc. INSURER B'.Starr Indemnity& Liability Company 38318 1330621 6880 S.Yosemite Court, Ste 150 INSURER C:Pinnacol Assurance Company 41190 Centennial,CO 80112 INSURER o_Great American Insurance Company 16691 INSURER E INSURER F: COVERAGES SCOCO04 CERTIFICATE NUMBER: 13456092 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDNYVY) (MMI)DIYYYY) LIMITS A X' COMMERCIAL GENERAL LIABILITY Y Y CLI'3617650 4/1:2015 4/1:2016 EACH OCCURRENCE $ 1-000000 DAMAGE TO CLAIMS-MADE r]OCCUR PREMISES(Ea occu RENTED $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY X JECT !I LOG PRODUCTS-COMP/OP AGG _$ 2.000 000 OTHER. $ A AUTOMOBILE LIABILITY N y CAP3617649 4/1/2415 4/12016 COMBINED S INGLELIMIT S (Ea accident) 1.000,000 X ANY AUTO BODILY INJURY(Per person) S XXXXXXX ALL OWNED ' SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ' AUTOS NON-OWNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS 'Per nra',identl — $ XXXXXXX B UMBRELLA LIAB X ' OCCJR Y Y 1000021665 4/Ii 2015 4/1.2016 EACH OCCURRENCE $ 5.000,000 X EXCESS LIAB !I CLAIMS-MADE AGGREGATE 5 5.000 000 DED RETENTION$ _$ XXXXXXX CWORKERS COMPENSATION IT Y N Y 4042043 4/1/2015 4:10016 )( jSTATUTEI OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR'PARTNER'EXECUTIVE E.L.EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? N !. N IA (Mandatory in NH) E L DISEASE-EA EMPLOYEE 5 1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below y E.L.DISEASE-POLICY LIMIT 5 1000000 t) Pollution Liability Y N CSF862985506 4/1/30 Li 4/1/2016 Limit:SI,00tL000 SIR:510,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more p required) RE:NCIt 49.144 Intjasection Improvements Irofcet,We hl County, is subsidtary,parent.associated andb or affiliated entices sit ee son or assigns,its elected officials, trustees employees.agents.and‘oluntectn and C DOT tire included :additional insureds on ipin .nd conlit utrshsis asrcpec.ts General L'ab'Ih} Excess La61Gry, andPollution Liability.If the Nubility po Liu are cancelled by the issuing carrier during dx p L'y term for reason other than Ion pa)rcnr 30 days nonce insist he provided to the Certificate Ilolder(10 days for ninGpsternenth CERTIFICATE HOLDER CANCELLATION See Attachments 13456092 Weld County,Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P.O.BOX 111 I H Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.Bo C 758,80632 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR(ticks AVE L J/�] H©1988014 ACORD CORPO ATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Language from Form GL-3085 (09/11) B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE - ONGOING OPERATIONS SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s)designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce them. Miscellaneous Attachment: M495842 Master ID: 1330621, Certificate ID: 13456092 b. If required by a written contract executed prior to loss, we waive any right of recover we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. U. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE - COMPLETED OPERATIONS SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work"at the project designated in the contract, performed for that additional insured and included in the "products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non- contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Miscellaneous Attachment: M495842 Master ID: 1330621,Certificate ID: 13456092 Policy Number.CAP3617649 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ FT CAREFULLY. ADDITIONAL INSURED-SPECIFIC ENTITIES This endorsement modite,insurance provided under the following: BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to include as an "insured the person or organization named in this endorsement. However,the additional insured is an"insured'only for"bodily injury or"property damage'arising out of work or operations performed by you or on your behalf for the additional insured and resulting from the ownership, maintenance or use of a"covered auto,"by: 1. You,or 2. Any of your employees or agents;or 3. Anyone other than the additional insured or any employee or agent of the additional insured,while using with your permission a covered"auto'you own,hire or borrow ADDfT1ONAL INSURED Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. A-2931 (11/99) Miscellaneous Attachment: M495844 Master ID: 1330621, Certificate ID: 13456092 POLICY NUMBER: CAP3617649 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Scott Contracting, Inc. Endorsement Effective Date: 04/01/2015 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom the named insured is operating under written contract when such contract required a waiver of subrogation. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 Insurance Services Office, Inc., 2009 Page 1 of 1 Miscellaneous Attachment: M495843 Master ID: 1330621,Certificate ID: 13456092 PINNACOL 7501 East Lowry Blvd. ASSURANCE Denver,Co 80230-7006 Phone:(303)361-4000/(800)873-7242 Fax:(303)361-5000/(888)329-2251 www.pinnacol.com NCCI #: WC000313B Policy#: 4042043 INSURED: AGENT: Scott Contracting Inc Lockton Companies, LLC-Denver 9600 E. 104th Ave 8110 E. Union Ave. Henderson, CO 80640 Suite 700 Denver, CO 80237-2984 (303)414 -6000 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for any injury covered by this policy.We will not enforce our right against the person or organization named in the schedule.This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: April 1, 2015 Expires on April 1, 2016 Pinnacol Assurance has issued this endorsement Sarah Bensman Underwriter Pinnacol Assurance Page 1 of 1 Miscellaneous Attachment: M495846 Master ID: 1330621,Certificate ID: 13456092 MEMORANDUM s6 llM1 Date: April 10`h, 2015 � p U N 1 T" To: Trevor Jiricek, Director of General Services From: Cameron Parrott, P.E., Senior Engineer RE: Bid Request No. B1500075 BOCC Bid Approval Bids were received and opened on April 1, 2015 for contracted construction of the Weld County Road 49 and 44 Intersection Improvement Project. Three bids were received ranging from $4,202,986.15 to $5,375,201.65 with the lowest bid submitted by Scott Contracting, Inc. out of Centennial, Co. The Engineer's Estimate for this work was $5,668,512.53. Weld County will be receiving Federal Hazard Elimination(HES)grant funds in the amount of$828,000.00 associated with this construction project. The submitted bids have been reviewed for errors and completeness. There were no errors found in any of the submitted bids. The bid tabulation has been attached for your information. On April 16th, CDOT provided a concurrence for award of this project. Staff recommends awarding the construction contract to Scott Contracting,Inc. for a total amount of$4,202,986.15. Scott Contracting, Inc. is a heavy-highway contractor who has completed many transportation projects, and is qualified for this project. If this bid is approved by the BOCC on April 20th, construction will commence in May, 2015. Construction of this project is scheduled to take 120 calendar days to complete which would be the beginning of September. 02015' 0906 007a Igo WELD COUNTY PURCHASING 915 10TH St Room #334, Greeley CO 80631 141-0 J0 E-Mail: mwaltersco.weld.co.us E-mail: reverett(c�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: April 1, 2015 REQUEST FOR: WCR 49/44 INTERSECTION IMPROVEMENTS DEPARTMENT: Public Works Department BID NO: #B1500075 PRESENT DATE: APRIL 6, 2015 APPROVAL DATE: APRIL 20, 2015 VENDORS TOTAL BID SCOTT CONTRACTING INC $4,202,986.15 6880 S. Yosemite Ct, Ste. #150 Centennial CO 80112 INTERSTATE HIGHWAY CONSTRUCTION INC $4,982,572.91 PO BOX 4356 Englewood CO 80155 LAWSON CONSTRUCTION CO. $5,375,201.65 PO BOX 1318 LONGMONT CO 80502 Engineering Estimate: $5,668.512.53 *Dept is reviewing bids at this time. * 2015-0908 , £G oo-7 p EngIneer'I Estimate Scott COnM eting,Mc. Intersla20 Highway Con.tn45000 Lawson Construcfien Company tom MO ILOSEOLILE: 7 IM..05.7 5.5401 100717.3.06NII17.3.061 6 E 0105 01 440.4 10! UNIT PRICE MT45 MACE (0 TOTAL PRICE 447.007 3 70043 3003 M. HEY 33450 a1 W (5031-113.11((5031-113.11100533141 (0.033131) (0033064 4 33 7006311 110304) 100155/4091 (00331411 201 C0..0.a310009 45 7 5 5605200 5 4.000(0 S 412150 I •.00100 i 11,0400 1 24.0015 53 3 50.00000 5 00000.00 422 H.200a 044 Eon, 1 5 7..50 t 1.00. 1 310700 1 116105 1 15030, I 15(0(0 S 368055 5 7300.(0 202 Vv.a 14004.m 7^OAnA SV IAA 5 300 5 48200 4 ISO t 2 00470 3 400 f 160205 1 SW 5 !05000 152 61..01 a1W4.01.1w00411 .M Sr 21.420 1 310 t 51.145.(0 1 20 5 5617000 6 5.4 1 77.451 CV 1 660 I 130055.03 200 6..280 a 06.0.61+5741 80 12051 3 295 5 4.750.46 5 736 5 1705555 5 1.17 4 22050.10 3 130 3 70.51030 100 0.0.0,0x01514 EACH II 4 10700 S 10100 I 6600 i .0.52 6 027 2 6554 3 5,00 4 0.050 202 amovea 0x2. 33 14.42 4 216 3 50,305 10 5 1 0 5 1!30305 3 094 1 13.430 00 5 006 I 13,54300 152 mom,.4s..m,m.rt.16807 C2 406 $ 7.52 5 27051400 S 40 5 246.454.26 6 614 3 40.14015 * 1500 5 67035655 200 a2504....5W771 07 6100 t 7500 1 192000 S 516 5 0270 SO 5 101 f 40060 5 lam 4 46.503 00 203 P.RAN 4080 e 1 11600 1 10000D 1 4.0 3 152401 5 745.30 I 2.40.50 8 10028 1 2.00.00 100 INK. 1.0152 x 5 14050 6 220300 5 74000 5 027000 5 206.34 1 110550 1 156.00 4 1.70000 252 Poses 7020 w 5 203.00 5 1350000 1 4550 5 710(0 5 05.4 1 712250 1 2400 5 720Wm 207 1040 Cv 2111 $ 600 1 VIM 00 3 305 f ?14975 S 441 1 1111611 1 652 1 1415043 .7 .68.4.T60.4 CV 1.45 5 6.62 I 414.50 5 16 1 5..3 50 f 371 1 1.424 3 652 i 1!41.55 204 Ina...112451 30 1224 I 40 3 5.55080 t 4.06 S 0.4240 5 130 I 1.4552 6 213 1 0..1 05 204 6134. 3I 2092 3 1 4.73920 I ISO 3 ?x2.55 5 101 I 1.522 4 125 1 316..50 M Cay.4 WOK.95.04 U. 2 5 1.03 I 200000 5 2.1.03 3 135500 I 7.61400 1 3.500 3 1120.. 1 2.ww 200 Vona.iwmq en EA. 4 1 1..03 1 exam 1 5193.00 3 5x7250 5 1.61400 I 6.53.6 00 1 1.60080 3 5000.(0 33 ♦Im0ov,50x. 31 ?000 1 9. 1 510000 f 700 3 IMO 00 1 3. I 110'1000 3 0 75 I ,,'.0010 239 040 ems.11e0n ustOmvwl 0.1 41100 1 1. 6 43.0.00 1 113 3 03.050.0 4 2.00 1 04200. 3 3,0 8 0610. 570 HOW.6.5501. EA. I S &052 5 24M 3 24750 5 11.50 S 2411 5 0515 4 0420 6 3o. 270 Hw10m .46,1 1 S W000 5 VI OD 3 2100 3 312.00 S 565.4 I 65255 5 01.00 S 62000 0,3 54..00.v451 400E 711 S MOO 4 7306.0 1 4.0 1 0.12675 S 3554 1 40171 3 4600 t !070 VII 12(45.74 M.6 E1.11yl 204E 125 S (0000 5 505200 1 .000 8 3.51175 4 524 1 4503.4 4 33000 8 42..0 214 2011777403.1 1.30 2 414 t 1315.0 1 225 4 3037.50 6 231 3 1,190.50 4 410 4 60300 me 143612101.680(700.0000al BY 2633 I 20 I .4000 1 1.55 4 37.13.4 5 195 9 01403 I 200 5 61.000 26 Tan x.0195..7.+6261009.1 H 6r .206 1 520 1 23216.. S 1 710 t 2191700 1 421 t 61413 I 450 5 13.250 304 poems 5.50000.x100.. Tab 342 I 1550 1 072440 5 1100 I 544.0650 t 7061 5 42200274 1 1426 5 61924600 401 51161 VOW 70742248l(1m1 MO 14201 7043 1701 I 4500 1 255.10520 5 420 4 2624..00 3 63 1 2.963.32 5 7216 5 001771375 403 4300Mv.w1..101.mg511101150..n1 6V 6412 5 4200 t 357.1306 4 411 I 0443000.4 4 14.46 5 45.5..6 I 1030 6 36291433 403 024..05x7d.20021110011P0..161 5014 III 4 saw i ...COI 73000 8 703160 t 70154 3 0425.24 1 t410 6 31450 415 C055.18.7.10.1111 SW SV 31.010 1 55.50 5 310140.. 1 4,Oa t 12..01200 s 4329 S 1645.020 55 i 310 1 153.82540 412 faoovewm.nt 5w1U011xa1 Hr 3.00 3 MOO 5 210.00000 3 546 1 1.35000 3 .501 S 130,410 03 5 5203 1 150.00300 420 0.00.04.0.11.3.nl 194 1 652 1 .40.80 I 490 1 4151000 1 567 5 6543000 t 530 5 0.47000 53 Horn 151241 CV 24 S 10050 5 2680.0 5 10160 1 24400 1 416 3 20104 1 WOW 3 43.0 03 1111.1.11511.04000=0*O.100,00.43P70 1 47 320 4 6000 5 75.300 3 4170 1 733.30 5 20.6 t 01420 s 7600 4 21..o40 Ws p me 4.4(07.4 364480 M.Mom Menµm in 411 471 3 7600 5 35.4..00 I 115.0 5 ..231» I 1427 5 SIA6672 1 1100 1 51130. 03 41.70.50016 Caw.3.3... .. 6 t 10.0 1 522840 1 36100 5 5.176. 5 1.10340 5 101150 1 1200. 5 7200(0 263 4.7902 a.1.Uwtr 00.8054.Sects.El.. 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S 52.45 20 4 125 f 373310 612 0e1.0w573.8 617, 57 1 0200 5 265200 I 20.50 5 106590 1 10.3 S .53 3 14.0 1 0040 612 0.2.0.175.61 EACH 0 i 65.0 5 3.7430 5 2200 5 1121.0 5 3000 1 1024. 3 200 I 10.0 01 p.200a(1n.vl EACH 10 f .E0 3 55100 5 1310 5 1100 t n.0e 1 500 1 214 1 2140 614 am ems Mum. 3 1e 5 024 1 4.415.01 4 2110 5 4144.. 1 213 5 4,.4.23 S 2150 5 414.50 674 74015756.750.182010.2" 3F A, 5 310 1 111180 5 7330 5 31.30 i 1105 3 527355 S 7320 3 1315. 014 07.0.1.0 ✓ 46 i 500 5 240.0 4 2240 3 10.00 f 600 I 63044 S 400 f 10x(0 520 E.w3otL0.21 EACH I 5 721.50 S 1250. 4 04.5500 5 V40 ID 5 II.4400 1 14.0 I 1.CO 3 7.60.0 510 5209740100 EACH 2 5 1000 $ 740. 1 330 3 115100 f 140705 4 15240 1 74000 5 50000 531 13x1170..'..0 sV 3 53 S MOOS 2.1..00 5 7.10 2 ..10. 6 313 1 200.017 41 I 3,.40 S 275.55 40 C....3..10 59 f 56.52 5 45.53 f 116000 S 316..0 3 41520 1 4.350 I 4.000. I 4,000.0 623 1385.4.176 55 IS 3160000 5 375020 CO 1 11150053 1 161.0 5 1..43 1 954.11.50 I 600 00 a 520.520.00 611 P.w.1..10170.a1M0'm0421 01 (0 4 4000 4 8.7000 6 410 5 5.340 6 000 3 660506 I 10.65 5 6.05. 427 560a3P..w11 0 01 NB 3 1300 5 20.03. 5 told 4 16.140 45 3 72904 1 2.1111 1 740 1 20.040 50 001 Slew.7521.4.1 Prow.4.410 32.11326460 31 I nm 5 13.0 $ 1500 1 715540 I 3420 t 145.4 5 14.0 1 16..00 527 .4005.117.7.0.4.11.0.45708 4 14012.04503 Un1 6` 3 3 2100 1 3.603 00 5 7210 4 111140 4 70.. 1 765,01 1 1125 5 7.07650 top SlawylAmuns.arm 111 EACH I 5 1.040.52 5 1000a I 051700 3 615752 1 10.01 3 1001 5 1 KO SO I Timm 60 I' 474 444,6 100 4 2300 5 015028 5 4.20 1 .655 00 1 21.57 I 611760 8 n. 8 67.00. 630 Trae 04.21...... 041 40 3 term 5 4.6600 3 30 I 52800 5 010 5 4,o,so 2 Wm 5 452.3 150 71.550070324...7.I4 060 W 4 650.00 4 .9.52 4 14200 1 pimp 3 2152 4 601.30 4 .352 4 etn5.m 630 12e1x 17.5 IL.174.00.0871 EACH 70 4 3328 1 1130.3 1 .43 5 WW 5 7.4 4 1.00 I 1700 5 MI.00 010 Cameos.Ines 557(60250111 EACH 30 $ 65.00 5 2.061.0 1 200 5 7.17600 6 10.77 5 1.3163 4 4730 0 151.00 000 006.0.007 61444 4147 111.14100 EACH II 1 7552 I 2000 1 6260 6 e5.00 5 733 4 7x80 4 1700 3 1700 510 same 04.am.004602 EACH 4 2 11..80 4 4.400.0 4 412203 4 70.41700 1 0.00.00 1 140110 4 510005 S 1820000 e0 067,6 C....700m0 EACH 145 5 452 1 1321.00 S lam 3 4917.0 S 2961 5 4.5051 4 3152 l 4.6190 l5 .4606.04406.015923A50,4r6.S1 4.00 0 I 652 4 .8000 1 352 6 17052 I 4077 3 1,03.0 3 5700 1 1.66010 04 Cows...(Tmessol C0 6200 3 VW 5 151.402.00 S 313 f 115130 00 3 014 I 1376000 4 .0 l 217030 430 7x04 Can UCH +0 S 1420 i 1303 00 1 60 5 30. 6 III 1 0705 1 610 1 610.0 40 44 14214701.an4.44w 0 7p00 11 EA. 1 1 52 00 t 00 1 440300 1 20110.. 1 4 m 5 I 52 1 1.000 CO 1 4.80000 I100 626015 Cove.Rx4a. 00 50 S 200030 3 20.00 1 2500.. 1 4500020 4 2502030 5 2m�3 4 100.000 6 400000 10 PA 0111400.0 6A II $ 60000 I . 10 1 60000 1 5930 4 600.0 i 00 3 5.0.00 .I 70 .041 Rol C071A.A.. EA 1 60003 I 60053 1 5100 DO 6 20 1 5.000 5 400.0 1 sem00 5 5.0000 700 MA 0n12.10011.a5 1006 040 5 40 6 184 3. 1 11200 6 10 5 1wm 5 100 S 7.32010 I I40 RA45118.006 1A 1.0 1 600040 4 4028. 4 50040 1 .0000 1 5.000 5 603000 5 3000.. 3 601000 100 16.0037 0.034 44 10 4 26000 t 20,000. S 10.000.00 5 20.000.00 l 0.0200 1 20.000.0 5 .0052 1 .20000 Emmet,&YAM 660000111844, 1.1u4.1.4.170aw71,204 524.0210060 Cao.n I 1m140(0013.0 t 6.41372.65 rose Me Mow*4 41019.16 Tm se moons 5 4.030.6130, 7.1277234.0 5 4475.0.. 't Ens 4 Ex f Feat3 01015'—0908 Hello