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Home My WebLink About20100661.tiff MEMORANDUM G O U N= TO: Clerk to the Board DATE: April 28, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda Bid #B1000075 Doc #2010-0661 Contract Extension/Renewal for the 2014 County Erosion Control and Revegetation with All Cowboy Erosion Control. One original Contract Extension/Renewal is attached. cc: Jay McDonald, Janet Lundquist, Trevor Jiricek, Don Dunker Jet da 44 - 30 -lye auto - 06lol ee.'f (Pe ,t-T CGoo(oz M.\Erancie\AGENDA memos\AgendaJosh.docx �'/ .//( L� ^U o Li5 / �v 7 • CONTRACT EXTENSION /RENEWAL Weld County Erosion Control and Revegetation Date: 4.7.2014 Project: Weld County Erosion Control and Revegetation generally consists of placing erosion control features(I3MP's)and revegetation efforts for various construction and mining projects. Owner: Weld County. Public Works Department, PO Box 758,Greeley,Colorado 80632 Consultant: All Cowboy Erosion Control LE.C. 18277 County Road 22,Ft. Lupton,CO 80621 the following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Erosion Control is extended from April 5th, 2014 to April 4'h, 2015 as permitted by the contract. This extension will be the final year of a possible five year contract. Change to Original Rate Schedule: The 2013 Bid Schedule of the original contract shall be replaced by the attached 2014 Bid Schedule. CHANGE TO CONTRACT PRICE: The limit ofS 150,000 compensation for this contract is not modified and remains in effect. CHANGE TO CONTRACT TIME: • The Contract time will be increased by 365 calendar days. RECOMMENDED: / p APR 3 9 2014 Owner Representative: LQ.} c.�ylgrW�✓ Date: Dop las Ra acher(Chair) kaeseeer: —� Date: Director: — 1F Date: Li -ail -� APPROVALS: Consultant: All Cowboy Erosion Control LAC. ��i_ / By �. Date:/ Title: '-"“"it a�0/D- DG e/ m N m N m a b N o o m m o o m n .--i a a N W N 0, a n m a , o m 0 m o m un o a 1n a .o m m n m Co c O .-IO M O N M N N O N N O .4 r4 ri N N N O N N 0 0 S U Q e, z 4.1 IA 1-' 1,40100 0 .eft L0 O 0 N e 0 0 0 0 0 0 vni Ln Ln O � 0 V8 O Ni D .-rl Vt tD t1 O O O N N N 0 n 0 W W t a e-1 0 O O V ri O N e-1 m N N V N V r1 el N el CO C .w m CID N N O N m N N O N N "'I C r4 ri N D a 03 ✓1 in N N in N in In. Vl N in in. in N in N Z 1A in in in 03 C S L L L L S L D 0 0 0 2 0 L 0 0 LL 0 0 10 LL 0 0 LL U V } V V V } } N VI N N .O W W J W W W J W I 1n a a N a a s N N -J J J J W .n O N O m N N O O O O O N O O O m 0 0000 0 e ri m 0 0 e m 0 0 0 v 0 co co o O .n .n oo .n .n o 0 co N 0 O N ri o lD lD r1 o m n o O o o rl to o N r•1 O l+el l en e N N m 0n U ri O N O n N el el N m l0 N NN N e N M N N V N N C r ..--17- la S H an UT 01 N N in in iA in in UT in 1.0. N in in in Ul V? Vl tn• Vl 4.0. O a U LI T W C a O S L L L L L Li U L ] N 0J (I) 0) 0) C Li N 0 0 LL 0 10 CO LL €13 O LL V V } V V V >. >- N yl yl 1n 0 W W J W La) W J W S VI a a N a a CC VI VI J J J J W `a in a >1 D M CO el O uI. o a > N �. c c 0 L O 0 N V Y en Vc .Yi U 1n — n .m'I C c N Q ri c N O o 0 c 0 O N w p0 N m 0 0) u L J CO L U- 0 W V c n 3 CU Q 0 0 0 a 3 n -Z-7 ----. w m o LL E o o = m o 0 o 3 v > > m 3 = m LC- m 1. 0 0 0 0 L a N o `° Z Z Y 0 « C 0) _ N K - 00 m a) c C C 0) C C C O N 3 O 01 01 C C 3 L m O ro C c 0 'r E N w N ID O EEEE ri Ill O y � � y v 3 D o u N N N IN C 0 0 0 `O Du To m e E z z „ to ,,° o EEEE ° 0 O'co co co 0 u c C 3 ,., V 0 C 1-1 Y .°1. .°1. 0 0 0 0 0 o 0 31 CD coE E m m 90:1 fp L 0 v � ._. :O :O :O L E 0) 0) 0) 0) O` Oo . 0) 0) 0 0 0 O` .p-O O -O D O 0 O O C C K K C W W 'vl Vi to 1n 1n 1n m x 2 x 1n F 2 2 2 2 u N N N N CO CO CO 03 CO N N N N N m m 1.0 tD LID l0 LO LO 0 O O O O O O O O O _ el el el ri ri el el el N N N N no E N N N N N N N N N NINNINN N N N N W W tD LO LO 01 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2014 County Erosion Control and Revegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4.1.2014 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Erosion Control and Revegitation services between Weld County and All Cowboy Erosion Control is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The percent change to the CP Index is a +2.77%. All Cowboy Erosion Control has submitted their proposed 2014 rate schedule for the required services, which includes an increase that ranges from 0% to 2.59% for each line item (see attachment). The change order items that were added to complete the emergency flood repair will not be increased. This extension would the final year. The approved 2014 budget for these services is $150,000. The total amount utilized in 2013 for these services was $47,881.70.00 with an approved 2013 budget of$135,000. Due to the September flooding, All Cowboy was not able to complete the remaining projects in 2013. The increase is to fund the projects not completed in 2013. What options exist for the Board? (Include consequences, impacts,costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: Public Works is very satisfied with the contractor's performance and rates for selected services from past years. Based on experiences, I am recommending approval for the attached 2014 contract renewal and rate adjustment for All Cowboy Erosion Control. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair • t,f f Barbara Kirkmeyer,Pro-Tem �._ l�`'�' a,1 Sean P. Conway Mike Freeman WU- William F. Garcia Ca> Attachments: 2014 Contract Extension/Renewal 2014 Rate Schedule 2014 Change order(Amended for Hood Repairs) MA—Active Projects\EROSION-SEEDING Contract\Contract extension and RenewaR2014-Extended Service\WorkSession(Work Session Request).docx • • ^ 86 MEMORANDUM O__U__IN T Y TO: Clerk to the Board DATE: March 10, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Agenda Doc #2010-0661 Contract Bid No. B 1000075 Change Order No. 1 to amend the existing contract for erosion control and re-vegetation with All Cowboy Erosion Control LLC. Attached are two duplicate original Change Order No. 1. Please return one signed agreement to Public Works. M:Wrmide\AGENDA memos\AgendaNIkeBedell-1.doex E6 0342 ,00'ui • CHANGE ORDER NO.1 Date: March 7,20i4 Project: WELD COUNTY EROSION CONTROL AND REVEGETATION Owner. Weld County.Colorado Contractor: All Cowboy Erosion Control LLC. The following change is hereby made to the Contract Documents: The 2013 approved bid schedule which is effective until April 4,2014 needs some additional bid items added. These new bid items are necessary for this contractor to assist the County with ongoing flood repair efforts. Public Works has analyzed and negotiated these proposed new bid items and recommends their addition to the existing contract. Attached to this change order are the following associated documents: • Bid Schedule of new items to be added to the contract. • Typical turf reinforcement mat drawing to be followed during construction. • CDOT revision of Section 216 specification to be followed during construction. • FHWA Form 1273 required when the contractor is working on FHWA administered flood repair sites. • Davis Bacon minimum wage rates required when working on FHWA administered flood repair sites. CHANGE TO CONTRACT PRICE: The approved 2013 Bid Schedule remains in effect,with the exception of the attached new bid items. CHANGE TO CONTRACT TIME: The approved 2013 Contract Extension/Renewal remains in effect until April 4,2014. RECOMMENDED: T� 1/ Project Manager: ��/1, Date: 3 �U / Josh Holbrook 1 r ' W!A✓ Qf+4]LX T.e• Date: "l11O('14 vitesu .v ~sa,Cf9. 4_.:.t•ea.....,r.E. Mscaaa,` 1._r?E.• APPROVALS: ConsultanC 46-er" 444'1-- Date: 3 /( -// All Cowboy Erosion Control, L.LC. Owner: �t wb Cam Date: MAR 1 2 2014 Do glas Rademacher(BOCC Chair) V2lt ao-Q +0 &rfi trit S)I 'd Rio- DG/ ALL COWBOY EROSION CONTROL BID SCHEDULE (AMENDED FOR FLOOD REPAIRS) ITEM ITEM DESCRIPTION UNIT UNIT PRICE(IN WRITTEN WORDS) UNIT PRICE(FIGURES) 201 CLEARING AND GRUBBING ACRE $ 1,900.00 AND /100 DOLLARS 207 TOPSOIL CY $ 40.00 AND /100 DOLLARS 212 SOIL CONDITIONING ACRE $ 2,225.00 AND /100 DOLLARS BIOTIC EARTH-HGM BLACK 213 2.10 (4,500 LBS/ACRE) SY $ AND /100 DOLLARS 216 TURF REINFORCEMENT MAT SY $ 25.00 (ARMORMAX WITH ANCHORS) AND /100 DOLLARS 216 TURF REINFORCEMENT MAT SY $ 14.00 (CONTECH LANDLOK 300) AND /100 DOLLARS 216 TURF REINFORCEMENT MAT SY $ 18.00 (CONTECH PYRAMAT) AND /100 DOLLARS 630 TRAFFIC CONTROL-SIGNS ONLY DAY $ 980.00 (NO FLAGGERS)(MUTCD TA-6) AND /100 DOLLARS TRAFFIC CONTROL-LANE CLOSURE 630 DAY $ 1,380.00 (WITH FLAGGERS)(MUTCD TA-10) • AND /100 DOLLARS ALL COWBOY EROSION CONTROL-UNIT COST ANALYSIS UPDATED 3-7.2014 BID ITEM ITEM DESCRIPTION/ ALL COWBOY COST COMPARISON/JUSTIFICATION NUMBER (UNIT) UNIT COST RECOMMENDED ACTIONS 201 CLEARING AND GRUBBING $1,900.00 CDOT 2013 Cost Data: $3,250.69. Unit Cost Seems Reasonable. (ACRE) 207 TOPSOIL-IMPORTED $40.00 CDOT 2013 Cost Data: $7.81. Unit Cost is very high,likely due to (CY) local shortage of materials. Use of this item should be minimized, It would be more cost effective to use the Biotic Earth item or the Soil Conditioning item. 212 SOIL CONDITIONING $2,225.00 CDOT 2013 Cost Data: $1,636.33. CDOT 2012 Cost Data: $1,924.04. (ACRE) Unit cost is high. We want to keep this item for areas with decent soils because it is cheaper than the Biotic Earth item. Contractor agree to reduce to$2,225.00 which equals 125%of 2013 and 2012 average, 213 BIOTIC EARTH-HGM BLACK $2.10 CDOT 2013 Cost Data: $1.36 per Pound(mulch)plus$0.50 per Pound 4,500 POUNDS/ACRE (nutrients)converts to a unit cost of$1.73 per SY. Proposed unit cost is (SY) 121%of average cost. Unit Cost Seems Reasonable. 216 TURF REINFORCEMENT MAT $25.00 CDOT 2013 Cost Data: N/A. ARMORMAX WITH ANCHORS This product is intended for uses which require hydraulic calculations (SY) and drawings prepared by an engineering consultant. This Item should not be used If possible. 216 TURF REINFORCEMENT MAT $14.00 CDOT 2013 Cost Data: N/A. CONTECH LANDLOK 300 Contech published estimated installed cost range is$10.00 to$15.00. (SY) Proposed unit cost is within the manufacturer suggested retail cost. Unit Cost Seems Reasonable. 216 TURF REINFORCEMENT MAT $18.00 CDOT 2013 Cost Data: N/A. CONTECH PYRAMAT Contech published estimated installed cost range is$15.00 to$20.00. (SY) Proposed unit cost is within the manufacturer suggested retail cost. Unit Cost Seems Reasonable. 630 TRAFFIC CONTROL-SIGNS ONLY $980.00 CDOT 2013 Cost Data: B signs+1 TCS=$912.28. NO FLAGGERS MUTCD TA-6 Unit Cost Seems Reasonable. (DAY) 630 TRAFFIC CONTROL-LANE CLOSURE $1,380.00 CDOT 2013 Cost Data: B signs+20 hours flagging+1 TCS WITH FLAGGERS MUTCD TA-10 =$1,353.46. Unit Cost Seems Reasonable. (DAY) J W O J LI Z m pw z Or2 z 0 o re z U a r�J2 , <�O r r m LL O O r. <— O —JOF ❑ 2 r Z w Nrz7zwithce�p G J p ¢ K W W N ZEn —ON 60 0mo O U O U r ❑ 2 'O z F J J J W US m O U 1:CHH:. /V / /A/V � �mfqm< Z <�2 �\ �\ %�\�%\/\//%j\�% WO Z_ OZmin < WQW\ /VA//V�/�/�///\\/ /�/<%� WWOWU_ < yfnJ_ m 2//\ �/\/\ d YrUJm W , T VvV AA ALL <� O 1W Z / Q<Q%i/ •T��T%��\./ J o z z r w ui�� w z\ \ Q Qw r S� rWZm \T\\i\\��N\ \\T Q o❑2°?❑J o °zoo CE E W / \\//\// \ \// ::- r U Z J r Q J J Z a 7 Nr= /;v v,y2T�iv/ >* ul m O— — aZy \ /N//�%; >\A\jN�\ij�C ?d0<Z f9w rG ❑ mz `nJO< \ /%j.%\ Y%\/%�%i% th v m<o N U J mU J0-J Z Ce _U I Qwo O O a m t w� Z a° zLL o w W fa o w a SS CC Et cc Cl 2 IIC vvv�vA�AAjyi a m Q ;I V/ ,)) o, /*//\\ /A/\\/x//\/ N 0 Q w _U Imo' J 4 a N.o a O z h a w D 0 2 n < rvm� M Z U Et d mcm O YW O /v/ //A//A/�\-/A/A,//`V /. < �j o�'OJw /V/V/v KV/,/A/ Z 2 0 DSmwz i i\%z\%/ Y\ A// U z w\ m;owo; \ /\ ,X\\/\\j/\/\./ /\/L H U Av vvv� 5v/v j�j zi ¢ �Z / /r //\/\\/\\\////////\//'\ (� O� is a N a i V O m O a) W w III" < NI a o 0 ❑w H ii v] .,1 z J ' �U— a Z ' y C teu-' ± w E o o ° zIX w co mro O Jo iz o a O r z o ❑ rn 5 c r=❑ r z o.< u .= o — F Q OU W O X C 'o a L i D March 7, 2014 REVISION OF SECTION 216 SOIL RETENTION COVERING NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by CDOT's Standards and Specifications Unit. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use in projects having soil retention blanket or turf reinforcement mat. March 7, 2014 1 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 216.01 This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats for erosion control on roadway slopes or channels as designated in the Contract. MATERIALS 216.02 Soil retention covering shall be either a soil retention blanket or a turf reinforcement mat as specified in the Contract. It shall be one of the products listed on CDOT's Approved Products List and shall conform to the following: (a) Soil Retention Blanket. Soil retention blanket shall be composed of degradable natural fibers mechanically bound together between two slowly degrading synthetic or natural fiber nettings to form a continuous matrix and shall conform to the requirements of Table 216-1 and 216-2. The blanket shall be of consistent thickness with the fiber evenly distributed over the entire area of the mat. When 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 weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 2. Soil Retention Blanket(Excelsior). Soil Retention Blanket(Excelsior) blanket shall consist of a machine produced mat of 100 percent curled wood excelsior, 80 percent of which shall be 6 inches or longer in fiber length. It shall be either biodegradable or photodegradable. When specified, lightweight polypropylene netting shall be fastened on both sides of the blanket and shall be 1.5 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 weave unattached at intersections which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. 3. Soil Retention Blanket(Coconut). Soil Retention Blanket(Coconut) shall be a machine produced mat consisting of 100 percent coconut fiber. It shall be either biodegradable or photodegradable. March 7, 2014 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave which is unattached at the intersections, and which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom and top side shall be heavyweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET- PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Min. Mass Size of Net Opening Minimum Minimum Acceptable per Unit Product Thickness Roll Matrix Fill Area Photo- Bio- Class Width A6525D Material ASTM D degradable degradable 6475 Minimum: Minimum: 0.50"x0.50 1 6.5' 0.25" Straw/Coconut 8 oz/sy 0.50"x0:50 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: Coconut 0.50"x0.5" 0.50"x0.50 2 6.5' 0.20" 8oz/sy Fibers Maximum: Maximum: 0:75"x0.75" 0.5"x1:0" Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET- PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Slope Application Channel Application Minimum Product "C" Factor' Permissible Shear Stress2 Tensile Strength Class ASTM D 6459 (Un-vegetated)ASTM D 6460 ASTM D 6818 1 < 0.10@3:1 2:00 lbs/sf 100 Its/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 % 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. March 7, 2014 3 REVISION OF SECTION 216 SOIL RETENTION COVERING 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. Installation of the blanket will not begin until approval has been received from the Engineer in writing. (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 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention, and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. Table 216-3 PHYSICAL REQUIREMENTS' FOR TURF REINFORCEMENT MAT Minimum Acceptable Product Minimum Thickness Matrix Fill Size of Net Opening2 Class Roll Width ASTM D 6525 Material2 Excelsior, Minimum: 1 6.5' 0.25" Straw/Coconut, 0.50"x0.50" Coconut, or Polymer Maximum: fibers 0.75"x0.75" 100% UV Stabilized 2 6.5' 0.25" Synthetic or 0.50"x 0.50" Coconut Fibers 100% UV Stabilized 3 6.5' 0.25 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 Maximum Maximun Tensile Strength UV Stability @ Permissible Shear Permissible Shear Product MD 500 Hours Stress' Stress' Class ASTM D 6818 ASTM D 4355 (Vegetated) (Unvegetated) ASTM D 6460 ASTM D 6460 1 125 lbs/ft 80% 6.0lbs/sf 4.0lbs/sf 2 150 lbs/ft 80% 8.0 lbs/sf 6.0 lbs/sf 3 175 lbs/ft 80% 10.0lbs/sf 8.0lbs/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 or unvegetated 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. L March 7, 2014 4 REVISION OF SECTION 216 SOIL RETENTION COVERING 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 product meets the Contract requirements shall be submitted for approval at the environmental preconstruction conference. (c) Staples. Staples shall be made of ductile steel wire, 0.165 inches in diameter, 8 inches long and have a 1 inch crown. "T" shaped staples will not be permitted. CONSTRUCTION REQUIREMENTS 216.03 The Contractor shall install soil retention coverings in accordance with Standard Plan M-208-1 and the following procedure: 1. Prepare soil in accordance with subsection 212.06 (a). . 2. Apply topsoil or soil conditioning as directed in the Contract to prepare seed bed. 3. Place seed in accordance with the Contract. 4. Unroll the covering parallel to the primary direction of flow. 5. Ensure that the covering maintains direct contact with the soil surface over the entirety of the installation area. 6. Do not stretch the material or allow it to bridge over surface inconsistencies. 7. Staple the covering to the soil such that each staple is flush with the underlying soil. 8. Ensure that staples are installed full depth to resist pull out. No bent over staples will be allowed. Install anchor trenches, seams, and terminal ends as shown on the plans. The Contractor shall install TRMs using the following procedure: 1. Place 3 inches of topsoil or soil amended with soil conditioning. 2. Apply half of the specified seed at the broadcast rate and rake into soil. 3. Install TRM 4. Place 1 inch of topsoil or soil amended with soil conditioning into the matrix to fill the product thickness. 5. Apply the remaining half of the specified seed at the broadcast rate and rake into soil. 6. Install soil retention blanket(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. 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 4 March 7, 2014 5 REVISION OF SECTION 216 SOIL RETENTION COVERING soil conditioning or topsoil, compacted by foot tamping, and seeded. Fabric shall be brought back over trench and stapled. If a slope runs into State waters or cannot be extended 3 feet beyond the toe of slope, the end of covering shall be secured using a staple check as described above. Coverings shall be securely fastened to the soil by installing staples 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. 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: Turf Reinforcement Mat(Armormax with Anchors) Square Yard Turf Reinforcement Mat(Contech Landlok 300) Square Yard Turf Reinforcement Mat(Contech Pyramat) Square Yard d March 7, 2014 6 REVISION OF SECTION 216 SOIL RETENTION COVERING Preparation of seedbed, fertilizing, and seeding will be measured and paid for in accordance with Section 212. 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. , October 31, 2013 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS NOTICE This is a standard special provision that revises or modifies CDOT's Standard Specifications for Road and Bridge Construction. It has gone through a formal review and approval process and has been issued by CDOT's Project Development Branch with formal instructions for its use on CDOT construction projects. It is to be used as written without change. Do not use modified versions of this special provision on CDOT construction projects, and do not use this special provision on CDOT projects in a manner other than that specified in the instructions unless such use is first approved by the Standards and Specifications Unit of the Project Development Branch. The instructions for use on CDOT construction projects appear below. Other agencies which use the Standard Specifications for Road and Bridge Construction to administer construction projects may use this special provision as appropriate and at their own risk. Instructions for use on CDOT construction projects: Use this standard special provision on federal aid projects. • October 31, 2013 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Attached is Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: For TAP (Transportation Alternatives Program)funded Recreational Trails projects, Section I (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. October 31, 2013 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273--Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS immediate superintendence and to all work performed on the I. General contract by piecework,station work,or by subcontract. II. Nondiscrimination III. Nonsegregated Facilities 3. A breach of any of the stipulations contained in these IV. Davis-Bacon and Related Act Provisions Required Contract Provisions may be sufficient grounds for V. Contract Work Hours and Safety Standards Act withholding of progress payments,withholding of final Provisions payment,termination of the contract,suspension/debarment VI. Subletting or Assigning the Contract or any other action determined to be appropriate by the VII. Safety:Accident Prevention contracting agency and FHWA. VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water 4. Selection of Labor:During the performance of this contract, Pollution Control Act the contractor shall not use convict labor for any purpose X. Compliance with Governmentwide Suspension and within the limits of a construction project on a Federal-aid Debarment Requirements highway unless it is labor performed by convicts who are on XI. Certification Regarding Use of Contract Funds for parole,supervised release,or probation. The term Federal-aid Lobbying highway does not include roadways functionally classified as local roads or rural minor collectors. ATTACHMENTS A.Employment and Materials Preference for Appalachian II. NONDISCRIMINATION Development Highway System or Appalachian Local Access Road Contracts(included in Appalachian contracts only) The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of$10,000 or more. The I. GENERAL provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding In addition,the contractor and all subcontractors must comply emergency contracts solely intended for debris removal). The with the following policies:Executive Order 11246,41 CFR 60, contractor(or subcontractor)must insert this form in each 29 CFR 1625-1627,Title 23 USC Section 140,the subcontract and further require its inclusion in all lower tier Rehabilitation Act of 1973,as amended(29 USC 794),Title VI subcontracts(excluding purchase orders,rental agreements of the Civil Rights Act of 1964,as amended,and related and other agreements for supplies or services). regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase The contractor and all subcontractors must comply with: the order,rental agreement or agreement for other services. The requirements of the Equal Opportunity Clause in 41 CFR 60- prime contractor shall be responsible for compliance by any 1.4(b)and,for all construction contracts exceeding$10,000, subcontractor,lower-tier subcontractor or service provider. the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Form FHWA-1273 must be included in all Federal-aid design- build contracts,in all subcontracts and in lower tier Note:The U.S.Department of Labor has exclusive authority to subcontracts(excluding subcontracts for design services, determine compliance with Executive Order 11246 and the purchase orders,rental agreements and other agreements for policies of the Secretary of Labor including 41 CFR 60,and 29 supplies or services). The design-builder shall be responsible CFR 1625-1627. The contracting agency and the FHWA have for compliance by any subcontractor, lower-tier subcontractor the authority and the responsibility to ensure compliance with or service provider. Title 23 USC Section 140,the Rehabilitation Act of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of Contracting agencies may reference Form FHWA-1273 in bid 1964,as amended,and related regulations including 49 CFR proposal or request for proposal documents,however,the Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Form FHWA-1273 must be physically incorporated(not referenced)in all contracts,subcontracts and lower-tier The following provision is adopted from 23 CFR 230,Appendix subcontracts(excluding purchase orders,rental agreements A,with appropriate revisions to conform to the U.S. and other agreements for supplies or services related to a Department of Labor(US DOL)and FHWA requirements. construction contract). 1.Equal Employment Opportunity:Equal employment 2. Subject to the applicability criteria noted in the following opportunity(EEO)requirements not to discriminate and to take sections,these contract provisions shall apply to all work affirmative action to assure equal opportunity as set forth performed on the contract by the contractor's own organization under laws,executive orders,rules,regulations(28 CFR 35, and with the assistance of workers under the contractor's 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the October 31, 2013 3 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS provisions prescribed herein,and imposed pursuant to 23 d. Notices and posters setting forth the contractors EEO U.S.C. 140 shall constitute the EEO and specific affirmative policy will be placed in areas readily accessible to employees, action standards for the contractor's project activities under applicants for employment and potential employees. this contract.The provisions of the Americans with Disabilities Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR e. The contractor's EEO policy and the procedures to 35 and 29 CFR 1630 are incorporated by reference in this implement such policy will be brought to the attention of contract.In the execution of this contract,the contractor employees by means of meetings,employee handbooks,or agrees to comply with the following minimum specific other appropriate means. requirement activities of EEO: 4.Recruitment:When advertising for employees,the a.The contractor will work with the contracting agency and contractor will include in all advertisements for employees the the Federal Government to ensure that it has made every notation:"An Equal Opportunity Employer." All such good faith effort to provide equal opportunity with respect to all advertisements will be placed in publications having a large of its terms and conditions of employment and in their review circulation among minorities and women in the area from of activities under the contract. which the project work force would normally be derived. b.The contractor will accept as its operating policy the a. The contractor will,unless precluded by a valid following statement: bargaining agreement,conduct systematic and direct recruitment through public and private employee referral "It is the policy of this Company to assure that applicants sources likely to yield qualified minorities and women. To are employed,and that employees are treated during meet this requirement,the contractor will identify sources of employment,without regard to their race,religion,sex,color, potential minority group employees,and establish with such national origin,age or disability. Such action shall include: identified sources procedures whereby minority and women employment,upgrading,demotion,or transfer;recruitment or applicants may be referred to the contractor for employment recruitment advertising;layoff or termination;rates of pay or consideration. other forms of compensation;and selection for training, including apprenticeship,pre-apprenticeship,and/or on-the- b. In the event the contractor has a valid bargaining job training." agreement providing for exclusive hiring hall referrals,the contractor is expected to observe the provisions of that 2. EEO Officer:The contractor will designate and make agreement to the extent that the system meets the contractor's known to the contracting officers an EEO Officer who will have compliance with EEO contract provisions. Where the responsibility for and must be capable of effectively implementation of such an agreement has the effect of administering and promoting an active EEO program and who discriminating against minorities or women,or obligates the must be assigned adequate authority and responsibility to do contractor to do the same,such implementation violates so. Federal nondiscrimination provisions. 3. Dissemination of Policy:All members of the contractor's c. The contractor will encourage its present employees to staff who are authorized to hire,supervise,promote,and refer minorities and women as applicants for employment. discharge employees,or who recommend such action,or who Information and procedures with regard to referring such are substantially involved in such action,will be made fully applicants will be discussed with employees. cognizant of,and will implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade 5.Personnel Actions:Wages,working conditions,and and classification of employment. To ensure that the above employee benefits shall be established and administered,and agreement will be met,the following actions will be taken as a personnel actions of every type,including hiring,upgrading, minimum: promotion,transfer,demotion,layoff,and termination,shall be taken without regard to race,color,religion,sex,national a. Periodic meetings of supervisory and personnel office origin,age or disability. The following procedures shall be employees will be conducted before the start of work and then followed: not less often than once every six months,at which time the contractors EEO policy and its implementation will be a. The contractor will conduct periodic inspections of project reviewed and explained. The meetings will be conducted by sites to insure that working conditions and employee facilities the EEO Officer. do not indicate discriminatory treatment of project site personnel. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering b. The contractor will periodically evaluate the spread of all major aspects of the contractor's EEO obligations within wages paid within each classification to determine any thirty days following their reporting for duty with the contractor. evidence of discriminatory wage practices. c. All personnel who are engaged in direct recruitment for c. The contractor will periodically review selected personnel the project will be instructed by the EEO Officer in the actions in depth to determine whether there is evidence of contractor's procedures for locating and hiring minorities and discrimination. Where evidence is found,the contractor will women. promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. October 31, 2013 4 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection d. In the event the union is unable to provide the contractor with its obligations under this contract,will attempt to resolve with a reasonable flow of referrals within the time limit set forth such complaints,and will take appropriate corrective action in the collective bargaining agreement,the contractor will, within a reasonable time. If the investigation indicates that the through independent recruitment efforts,fill the employment discrimination may affect persons other than the complainant, vacancies without regard to race,color,religion,sex,national such corrective action shall include such other persons. Upon origin,age or disability;making full efforts to obtain qualified completion of each investigation,the contractor will inform and/or qualifiable minorities and women. The failure of a union every complainant of all of their avenues of appeal. to provide sufficient referrals(even though it is obligated to provide exclusive referrals under the terms of a collective 6.Training and Promotion: bargaining agreement)does not relieve the contractor from the requirements of this paragraph. In the event the union referral a. The contractor WI'assist in locating,qualifying,and practice prevents the contractor from meeting the obligations increasing the skills of minorities and women who are pursuant to Executive Order 11246,as amended,and these applicants for employment or current employees. Such efforts special provisions,such contractor shall immediately notify the should be aimed at developing full journey level status contracting agency. employees in the type of trade or job classification involved. 8. Reasonable Accommodation for Applicants I b. Consistent with the contractor's work force requirements Employees with Disabilities: The contractor must be familiar and as permissible under Federal and State regulations,the with the requirements for and comply with the Americans with contractor shall make full use of training programs,i.e., Disabilities Act and all rules and regulations established there apprenticeship,and on-the-job training programs for the under. Employers must provide reasonable accommodation in geographical area of contract performance. In the event a all employment activities unless to do so would cause an special provision for training is provided under this contract, undue hardship. this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve 9.Selection of Subcontractors,Procurement of Materials training positions for persons who receive welfare assistance and Leasing of Equipment:The contractor shall not in accordance with 23 U.S.C.140(a). discriminate on the grounds of race,color,religion,sex, national origin,age or disability in the selection and retention c. The contractor will advise employees and applicants for of subcontractors,including procurement of materials and employment of available training programs and entrance leases of equipment. The contractor shall take all necessary requirements for each. and reasonable steps to ensure nondiscrimination in the administration of this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and a. The contractor shall notify all potential subcontractors and women and will encourage eligible employees to apply for suppliers and lessors of their EEO obligations under this such training and promotion. contract. 7.Unions: If the contractor relies in whole or in part upon b. The contractor will use good faith efforts to ensure unions as a source of employees,the contractor will use good subcontractor compliance with their EEO obligations. faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor,either directly or through a contractor's 10. Assurance Required by 49 CFR 26.13(b): association acting as agent,will include the procedures set forth below: a. The requirements of 49 CFR Part 26 and the State DOT's U.S.DOT-approved DBE program are incorporated by a. The contractor MI use good faith efforts to develop,in reference. cooperation with the unions,joint training programs aimed toward qualifying more minorities and women for membership b. The contractor or subcontractor shall not discriminate on in the unions and increasing the skills of minorities and women the basis of race,color,national origin,or sex in the so that they may qualify for higher paying employment. performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and b. The contractor will use good faith efforts to incorporate an administration of DOT-assisted contracts. Failure by the EEO clause into each union agreement to the end that such contractor to carry out these requirements is a material breach union will be contractually bound to refer applicants without of this contract,which may result in the termination of this regard to their race,color,religion,sex,national origin,age or contract or such other remedy as the contracting agency disability. deems appropriate. c. The contractor is to obtain information as to the referral 11.Records and Reports:The contractor shall keep such practices and policies of the labor union except that to the records as necessary to document compliance with the EEO extent such information is within the exclusive possession of requirements. Such records shall be retained for a period of the labor union and such labor union refuses to furnish such three years following the date of the final payment to the information to the contractor,the contractor shall so certify to contractor for all contract work and shall be available at the contracting agency and shall set forth what efforts have reasonable times and places for inspection by authorized been made to obtain such information. representatives of the contracting agency and the Fl-WA. 4. October 31, 2013 5 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Contracting agencies may elect to apply these requirements to a. The records kept by the contractor shall document the other projects. following: (1)The number and work hours of minority and non- The following provisions are from the U.S.Department of minority group members and women employed in each work Labor regulations in 29 CFR 5.5"Contract provisions and classification on the project; related matters"with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. (2)The progress and efforts being made in cooperation with unions,when applicable,to increase employment 1. Minimum wages opportunities for minorities and women;and (3)The progress and efforts being made in locating,hiring, a. All laborers and mechanics employed or working upon training,qualifying,and upgrading minorities and women; the site of the work,will be paid unconditionally and not less often than once a week,and without subsequent deduction or b. The contractors and subcontractors will submit an annual rebate on any account(except such payroll deductions as are report to the contracting agency each July for the duration of permitted by regulations issued by the Secretary of Labor the project,indicating the number of minority,women,and under the Copeland Act(29 CFR part 3)),the full amount of non-minority group employees currently engaged in each work wages and bona fide fringe benefits(or cash equivalents classification required by the contract work. This information is thereof)due at time of payment computed at rates not less to be reported on Form FHWA-1391. The staffing data should than those contained in the wage determination of the represent the project work force on board in all or any part of Secretary of Labor which is attached hereto and made a part the last payroll period preceding the end of July. If on-the-job hereof,regardless of any contractual relationship which may training is being required by special provision,the contractor be alleged to exist between the contractor and such laborers will be required to collect and report training data. The and mechanics. employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of Contributions made or costs reasonably anticipated for bona July. fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions III.NONSEGREGATED FACILITIES of paragraph 1.d.of this section;also,regular contributions made or costs incurred for more than a weekly period(but not This provision is applicable to all Federal-aid construction less often than quarterly)under plans,funds,or programs contracts and to all related construction subcontracts of which cover the particular weekly period,are deemed to be $10,000 or more. constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate The contractor must ensure that facilities provided for wage rate and fringe benefits on the wage determination for employees are provided in such a manner that segregation on the classification of work actually performed,without regard to the basis of race,color,religion,sex,or national origin cannot skill,except as provided in 29 CFR 5.5(a)(4).Laborers or result. The contractor may neither require such segregated mechanics performing work in more than one classification use by written or oral policies nor tolerate such use by may be compensated at the rate specified for each employee custom. The contractor's obligation extends further classification for the time actually worked therein:Provided, to ensure that its employees are not assigned to perform their That the employer's payroll records accurately set forth the services at any location,under the contractor's control,where time spent in each classification in which work is performed. the facilities are segregated. The term"facilities"includes The wage determination(including any additional classification waiting rooms,work areas,restaurants and other eating areas, and wage rates conformed under paragraph 1.b.of this time clocks,restrooms,washrooms,locker rooms,and other section)and the Davis-Bacon poster(WH-1321)shall be storage or dressing areas,parking lots,drinking fountains, posted at all times by the contractor and its subcontractors at recreation or entertainment areas,transportation,and housing the site of the work in a prominent and accessible place where provided for employees. The contractor shall provide separate it can be easily seen by the workers. or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. b.(1)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in IV. DAVIS-BACON AND RELATED ACT PROVISIONS the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an This section is applicable to all Federal-aid construction additional classification and wage rate and fringe benefits projects exceeding$2,000 and to all related subcontracts and therefore only when the following criteria have been met: lower-tier subcontracts(regardless of subcontract size). The requirements apply to all projects located within the right-of- (i)The work to be performed by the classification way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as requested is not performed by a classification in the wage local roads or rural minor collectors,which are exempt. determination;and e October 31, 2013 6 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (ii)The classification is utilized in the area by the The contracting agency shall upon its own action or upon construction industry;and written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from (iii)The proposed wage including any bona fide the contractor under this contract,or any other Federal herop bears a reasonablerate, cl relationshipgyb ntfd contract with the same prime contractor,or any other federally- fringe wage rates benefits,co bears ned in the wage de no to assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so ' much of the accrued payments or advances as may be (2)If the contractor and the laborers and mechanics to be considered necessary to pay laborers and mechanics, employed in the classification(if known),or their including apprentices,trainees,and helpers,employed by the representatives,and the contracting officer agree on the contractor or any subcontractor the full amount of wages classification and wage rate(including the amount required by the contract. In the event of failure to pay any designated for fringe benefits where appropriate),a report of laborer or mechanic,including any apprentice,trainee,or the action taken shall be sent by the contracting officer to the helper,employed or working on the site of the work,all or part Administrator of the Wage and Hour Division,Employment of the wages required by the contract,the contracting agency Standards Administration,U.S.Department of Labor, may,after written notice to the contractor,take such action as Washington,DC 20210.The Administrator,or an authorized may be necessary to cause the suspension of any further representative,will approve,modify,or disapprove every payment,advance,or guarantee of funds until such violations additional classification action within 30 days of receipt and have ceased. so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is 3. Payrolls and basic records necessary. (3)In the event the contractor,the laborers or mechanics. a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records classification and wage rate(including the amount of designated for fringe benefits,where appropriate),the shall h contain the name,oraddress,correct and social ation,th number s contracting officer shall refer the questions,including the each such worker,his(including herofcotribuclas ionsto n, sts srly rates views of all interested parties and the recommendation of the aanwapat dao bona ng benefits tboricas oer quiva contracting officer,to the Wage and Hour Administrator for the eof of thery es fide fringe etion 1r cash equivalents determination.The Wage and Hour Administrator,or an Davis- a the types described ily nd number ien kecir of hours)(B)of the authorized representative,will issue a determination within dDavis-Bacon MAade daily actual ua weekly W a worked, 30 days of receipt and so advise the contracting officer or Secretary made r andfound wages paid.Whenever the will notify the contracting officer within the 30-day period that Secretary of Labor has under 29 CFR 5.5(a)(1)(iv)that additional time is necessary. the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis- (4)The wage rate(including fringe benefits where Bacon Act,the contractor shall maintain records which show appropriate)determined pursuant to paragraphs 1.b.(2)or that the commitment to provide such benefits is enforceable, 1.b.(3)of this section,shall be paid to all workers performing that the plan or program is financially responsible,and that the work in the classification under this contract from the first plan or program has been communicated in writing to the day on which work is performed in the classification. laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under c.Whenever the minimum wage rate prescribed in theo contract for a class of laborers or mechanics includes a fringe approved programs ofapprenticeship shall maintain written de certific ti the benefit which is not expressed as an hourly rate,the contractor tra ne programs,afion a hregistration gi programs nthand r etiicestan of shall either pay the benefit as stated in the wage determination trainee trainees,adthe the regidt wage raof the describe i she or shall pay another bona fide fringe benefit or an hourly cash ab and the mrahos and wage rates prescribed in the equivalent thereof. applicable programs. b.(1)The contractor shall submit weekly for each week in d.If the contractor does not make payments to a trustee ors to other third person,the contractor may consider as part of the which e any ticontract work i s performed a copy of all allpa set out wages of any laborer or mechanic the amount of any costs accthe contracting and agency.completely The payrolls ofthe subinformation mitted shall settout reasonably anticipated in providing bona fide fringe benefits maintained ntai and 29 F all 5.5(a)(3)(i), xcetthat afullrso social be under a plan or program,Provided,That the Secretary of seiy rs and CFR ddsseesha full r Labor has found,upon the written request of the contractor, osecurity numbers home addtheresses shall not bey eed t that the applicable standards of the Davis-Bacon Act have include weekly individually vmittal .Instead number pab f r shall only need to ., an tfrdigits identifying f sfsol each employee been met.The Secretary of Labor may require the contractor e.g.,the last four digits of the employee's social security to set aside in a separate account assets for the meeting of number).The required weekly payroll information may be obligations under the plan or program. submitted in any form desired.Optional Form WH-347 is available for this purpose from the Wage and Hour Division 2. Withholding Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm October 31, 2013 7 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS or its successor site.The prime contractor is responsible for the State DOT,take such action as may be necessary to the submission of copies of payrolls by all subcontractors. cause the suspension of any further payment,advance,or Contractors and subcontractors shall maintain the full social guarantee of funds.Furthermore,failure to submit the required security number and current address of each covered worker, records upon request or to make such records available may and shall provide them upon request to the contracting agency be grounds for debarment action pursuant to 29 CFR 5.12. for transmission to the State DOT,the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an 4. Apprentices and trainees investigation or audit of compliance with prevailing wage requirements.It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and a.Apprentices(programs of the USDOL). social security numbers to the prime contractor for its own records,without weekly submission to the contracting agency.. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are (2)Each payroll submitted shall be accompanied by a employed pursuant to and individually registered in a bona fide "Statement of Compliance,"signed by the contractor or apprenticeship program registered with the U.S.Department of subcontractor or his or her agent who pays or supervises the Labor,Employment and Training Administration,Office of payment of the persons employed under the contract and shall Apprenticeship Training,Employer and Labor Services,or with certify the following: a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary (i)That the payroll for the payroll period contains the employment as an apprentice in such an apprenticeship information required to be provided under§5.5(a)(3)(ii)of program,who is not individually registered in the program,but Regulations,29 CFR part 5,the appropriate information is who has been certified by the Office of Apprenticeship being maintained under§5.5(a)(3)(i)of Regulations,29 Training,Employer and Labor Services or a State CFR part 5,and that such information is correct and Apprenticeship Agency(where appropriate)to be eligible for complete; probationary employment as an apprentice. (ii)That each laborer or mechanic(including each The allowable ratio of apprentices to journeymen on the job helper,apprentice,and trainee)employed on the contract site in any craft classification shall not be greater than the ratio during the payroll period has been paid the full weekly permitted to the contractor as to the entire work force under wages earned,without rebate,either directly or indirectly, the registered program.Any worker listed on a payroll at an and that no deductions have been made either directly or apprentice wage rate,who is not registered or otherwise indirectly from the full wages eamed,other than employed as stated above,shall be paid not less than the permissible deductions as set forth in Regulations,29 CFR applicable wage rate on the wage determination for the part 3; classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not (iii)That each laborer or mechanic has been paid not less than the applicable wage rate on the wage determination less than the applicable wage rates and fringe benefits or for the work actually performed.Where a contractor is cash equivalents for the classification of work performed, performing construction on a project in a locality other than as specified in the applicable wage determination that in which its program is registered,the ratios and wage incorporated into the contract. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractors or subcontractor's registered program shall be observed. (3)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Every apprentice must be paid at not less than the rate "Statement of Compliance"required by paragraph 3.b.(2)of specified in the registered program for the apprentice's level of this section. progress,expressed as a percentage of the joumeymen hourly rate specified in the applicable wage determination. (4)The falsification of any of the above certifications may Apprentices shall be paid fringe benefits in accordance with subject the contractor or subcontractor to civil or criminal the rents provisions of the apprenticeship doesnt specify fringepro If the prosecution under section 1001 of title 18 and section 231 of apprenticeship programbe pad not ount of benefits, e title 31 of the United States Code. apprentices dnthemust ag be teid the ionull amount fringe benefits listed on wage determination for the applicable classification. If the Administrator determines that a different c.The contractor or subcontractor shall make the records practice prevails for the applicable apprentice classification, required under paragraph 3.a.of this section available for fringes shall be paid in accordance with that determination. inspection,copying,or transcription by authorized representatives of the contracting agency,the State DOT,the In the event the Office of Apprenticeship Training,Employer FHWA, or the Department of Labor,and shall permit such and Labor Services,or a State Apprenticeship Agency representatives to interview employees during working hours recognized by the Office,withdraws approval of an on the job.If the contractor or subcontractor fails to submit the apprenticeship program,the contractor will no longer be required records or to make them available,the FHWA may, permitted to utilize apprentices at less than the applicable after written notice to the contractor,the contracting agency or October 31, 2013 8 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS predetermined rate for the work performed until an acceptable journeymen shall not be greater than permitted by the terms of program is approved. the particular program. b.Trainees(programs of the USDOL). 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part Except as provided in 29 CFR 5.16,trainees will not be 3,which are incorporated by reference in this contract. permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 6.Subcontracts. The contractor or subcontractor shall insert individually registered in a program which has received prior Form FHWA-1273 in any subcontracts and also require the approval,evidenced by formal certification by the U.S. subcontractors to include Form FHWA-1273 in any lower tier Department of Labor,Employment and Training subcontracts.The prime contractor shall be responsible for the Administration. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the 7.Contract termination:debarment. A breach of the Employment and Training Administration. contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate 8.Compliance with Davis-Bacon and Related Act specified in the applicable wage determination.Trainees shall requirements. All rulings and interpretations of the Davis- be paid fringe benefits in accordance with the provisions of the Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 trainee program.If the trainee program does not mention are herein incorporated by reference in this contract. fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the 9.Disputes concerning labor standards.Disputes arising Administrator of the Wage and Hour Division determines that out of the labor standards provisions of this contract shall not there is an apprenticeship program associated with the be subject to the general disputes clause of this contract.Such corresponding journeyman wage rate on the wage disputes shall be resolved in accordance with the procedures determination which provides for less than full fringe benefits of the Department of Labor set forth in 29 CFR parts 5,6,and for apprentices.Any employee listed on the payroll at a trainee 7.Disputes within the meaning of this clause include disputes rate who is not registered and participating in a training plan between the contractor(or any of its subcontractors)and the approved by the Employment and Training Administration shall contracting agency,the U.S.Department of Labor,or the be paid not less than the applicable wage rate on the wage employees or their representatives. determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program 10.Certification of eligibility. shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. a. By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an In the event the Employment and Training Administration interest in the contractor's firm is a person or firm ineligible to withdraws approval of a training program,the contractor will no be awarded Government contracts by virtue of section 3(a)of longer be permitted to utilize trainees at less than the the Davis-Bacon Act or 29 CFR 5.12(a)(1). applicable predetermined rate for the work performed until an acceptable program is approved. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue c.Equal employment opportunity.The utilization of of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity c.The penalty for making false statements is prescribed in the requirements of Executive Order 11246,as amended,and 29 U.S.Criminal Code, 18 U.S.C.1001. CFR part 30. d. Apprentices and Trainees(programs of the U.S.DOT). V. CONTRACT WORK HOURS AND SAFETY Apprentices and trainees working under apprenticeship and STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection The following clauses apply to any Federal-aid construction with Federal-aid highway construction programs are not contract in an amount in excess of$100,000 and subject to the subject to the requirements of paragraph 4 of this Section IV. overtime provisions of the Contract Work Hours and Safety The straight time hourly wage rates for apprentices and Standards Act.These clauses shall be inserted in addition to trainees under such programs will be established by the the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As particular programs.The ratio of apprentices and trainees to October 31, 2013 9 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS used in this paragraph,the terms laborers and mechanics include watchmen and guards. 1.The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of 1.Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require the total originalbthecontract contracting price,excluding S any Specialty items specialty items or involve the employment of laborers or mechanics shall designated by ac tahe amount any may be require or permit any such laborer or mechanic in any performed subcontract and the of any such workweek specialty items performed may be deducted from the total in which he or she is employed on such work to work in excess of forty hours in such workweek unless such original contract price before computing the amount of work laborer or mechanic receives compensation at a rate not less required CFR be performed by the contractor's own organization than one and one-half times the basic rate of pay for all hours (23 6355 6 .116). worked in excess of forty hours in such workweek. a. The term"perform work with its own organization"refers to workers employed or leased by the prime contractor,and 2.Violation;liability for unpaid wages;liquidated equipment owned or rented by the prime contractor,with or damages. In the event of any violation of the clause set forth without operators. Such term does not include employees or in paragraph(1.)of this section,the contractor and any equipment of a subcontractor or lower tier subcontractor, subcontractor responsible therefor shall be liable for the agents of the prime contractor,or any other assignees. The unpaid wages. In addition,such contractor and subcontractor term may include payments for the costs of hiring leased shall be liable to the United States(in the case of work done employees from an employee leasing firm meeting all relevant under contract for the District of Columbia or a territory,to such Federal and State regulatory requirements. Leased District or to such territory),for liquidated damages.Such employees may only be included in this term if the prime liquidated damages shall be computed with respect to each contractor meets all of the following conditions: individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in (1)the prime contractor maintains control over the paragraph(1.)of this section,in the sum of$10 for each supervision of the day-to-day activities of the leased calendar day on which such individual was required or employees; permitted to work in excess of the standard workweek of forty (2)the prime contractor remains responsible for the quality hours without payment of the overtime wages required by the of the work of the leased employees; clause set forth in paragraph(1.)of this section. (3)the prime contractor retains all power to accept or exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action the payment of predetermined yr ,statements ct minimum compliance p the or upon written request of an authorized representative of the submission ther Fede of payrolls,srequi eme of and all Department of Labor withhold or cause to be withheld,from other Federal regulatory requirements. 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 p t is plica Highway System. contract. Written consent will be given only after the contracting agency has assured that each subcontract is October 31, 2013 10 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS evidenced in writing and that it contains all pertinent provisions 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 contractor shall provide all safeguards,safety devices and Whoever knowingly makes any false statement,false protective equipment and take any other needed actions as it representation,false report or false claim with respect to the determines,or as the contracting officer may determine,to be character,quality,quantity,or cost of any work performed or to reasonably necessary to protect the life and health of be performed,or materials furnished or to be furnished,in employees on the job and the safety of the public and to connection with the construction of any highway or related protect property in connection with the performance of the project approved by the Secretary of Transportation;or 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 which are unsanitary,hazardous or dangerous to his/her Shall be fined under this title or imprisoned not more than 5 health or safety,as determined under construction safety and years or both." health standards(29 CFR 1926)promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.3704). IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative This provision is applicable to all Federal-aid construction thereof,shall have right of entry to any site of contract contracts and to all related subcontracts. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry By submission of this bid/proposal or the execution of this out the duties of the Secretary under Section 107 of the contract,or subcontract,as appropriate,the bidder,proposer, Contract Work Hours and Safety Standards Act(40 Federal-aid construction contractor,or subcontractor,as U.S.C.3704). appropriate,will be deemed to have stipulated as follows: 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- aid highway projects,it is essential that all persons concerned X.CERTIFICATION REGARDING DEBARMENT, with the project perform their functions as carefully,thoroughly, SUSPENSION,INELIGIBILITY AND VOLUNTARY and honestly as possible. Willful falsification,distortion,or EXCLUSION misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any This provision is applicable to all Federal-aid construction misunderstanding regarding the seriousness of these and contracts,design-build contracts,subcontracts,lower-tier similar acts,Form FHWA-1022 shall be posted on each subcontracts,purchase orders,lease agreements,consultant Federal-aid highway project(23 CFR 635)in one or more contracts or any other covered transaction requiring FHWA October 31, 2013 11 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS approval or that is estimated to cost$25,000 or more— as 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.govf),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, e.The terms"covered transaction,""debarred," Ineligibility and Voluntary Exclusion—First Tier "suspended,""ineligible,""participant,""person," "principal," Participants: and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered a. The prospective first tier participant certifies to the best of Transactions"refers to any covered transaction between a its knowledge and belief,that it and its principals: grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered (1) Are not presently debarred,suspended,proposed for Transactions"refers to any covered transaction under a First debarment,declared ineligible,or voluntarily excluded from Tier Covered Transaction(such as subcontracts). "First Tier participating in covered transactions by any Federal Participant"refers to the participant who has entered into a department or agency; covered transaction with a grantee or subgrantee of Federal funds(such as the prime or general contractor). "Lower Tier (2) Have not within a three-year period preceding this Participant"refers any participant who has entered into a proposal been convicted of or had a civil judgment rendered covered transaction with a First Tier Participant or other Lower against them for commission of fraud or a criminal offense in Tier Participants(such as subcontractors and suppliers). connection with obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract under f.The prospective first tier participant agrees by submitting a public transaction;violation of Federal or State antitrust this proposal that,should the proposed covered transaction be statutes or commission of embezzlement,theft,forgery, entered into,it shall not knowingly enter into any lower tier bribery,falsification or destruction of records,making false covered transaction with a person who is debarred, statements,or receiving stolen property; suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by (3) Are not presently indicted for or otherwise criminally or the department or agency entering into this transaction. civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in g.The prospective first tier participant further agrees by paragraph(a)(2)of this certification;and submitting this proposal that it will include the clause titled "Certification Regarding Debarment,Suspension,Ineligibility (4) Have not within a three-year period preceding this and Voluntary Exclusion-Lower Tier Covered Transactions," application/proposal had one or more public transactions provided by the department or contracting agency,entering (Federal,State or local)terminated for cause or default. October 31, 2013 12 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS • g.A participant in a covered transaction may rely upon a 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.gov/),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 XI.CERTIFICATION REGARDING USE OF CONTRACT transaction be entered into,it shall not knowingly enter into FUNDS FOR LOBBYING any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily This provision is applicable to all Federal-aid construction excluded from participation in this covered transaction,unless contracts and to all related subcontracts which exceed authorized by the department or agency with which this $100,000(49 CFR 20). transaction 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 October 31, 2013 13 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fad upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. October 31, 2013 14 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS ATTACHMENT A-EMPLOYMENT AND MATERIALS 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 contracting agency to provide a contractual preference for the -I- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION Decision Nos.CO140016,17,18,19,20,21,22,23 and 24 dated Modifications ID January 03,2014 supersedes Decision Nos.CO130016,17,18,19, MOD Number Date Pace Number(sI 20,21,22,23 and 24 dated January 04,2013. 1 01/24/14 1,10,14,19,20, 1 25,29,34,42,50 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications,the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No.CO140024 applies to the following counties: Larimer,Mesa,and Weld counties. General Decision No.CO140024 The wage and fringe benefits listed below reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1484 Smaller than Watson 2500 and similar 24.73 9.15 1 1485 Watson 2500 similar or larger 25.04 9.15 1 Oiler 1486 Weld 24.88 9.15 1 General Decision No.CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1487 Excludes Form Work 20.72 5.34 Form Work Only 1488 Larimer,Mesa 18.79 3.67 1489 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1490 Larimer 16.05 3.00 1491 Mesa 17.53 3.00 1492 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1493 Weld 33.45 7.58 Traffic Signalization 1494 Weld 25.84 6.66 -2- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION General Decision No.CO 140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod FENCE ERECTOR: 1495 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1496 Larimer,Weld 12.89 3.39 HIGHWAY/PARKING LOT STRIPING: Painter 1497 Larimer 14.79 3.98 1498 Mesa 14.75 3.21 1499 Weld 14.66 3.21 IRONWORKER: Reinforcing(Excludes Guardrail Installation) 1500 Larimer, Weld 16.69 5.45 Structural(Excludes Guardrail Installation) 1501 Larimer,Weld 18.22 6.01 LABORER: Asphalt Raker 1502 Larimer 18.66 4.66 1503 Weld 16.72 4.25 1504 Asphalt Shoveler 21.21 4.25 1505 Asphalt Spreader 18.58 4.65 1506 Common or General 16.29 4.25 1507 Concrete Saw(Hand Held) 16.29 6.14 1508 Landscape and Irrigation 12.26 3.16 1509 Mason Tender-Cement/Concrete 16.29 4.25 Pipelayer 1510 Larimer 17.27 3.83 1511 Mesa,Weld 16.23 3.36 1512 Traffic Control(Flagger) 9.55 3.05 I. -3- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION General Decision No.CO 140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod LABORER(con't): Traffic Control(Sets Up/Moves Barrels,Cones,Installs signs,Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1513 Larimer,Weld 12.43 3.22 1514 PAINTER(Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: Asphalt Laydown 1515 Larimer 26.75 5.39 1516 Mesa,Weld 23.93 7.72 1517 Asphalt Paver 21.50 3.50 Asphalt Roller 1518 Larimer 23.57 3.50 1519 Mesa 24.25 3.50 1520 Weld 27.23 3.50 Asphalt Spreader 1521 Larimer 25.88 6.80 1522 Mesa,Weld 23.66 7.36 Backhoe/Trackhoe 1523 Larimer 21.46 4.85 1524 Mesa 19.81 6.34 1525 Weld 20.98 6.33 Bobcat/Skid Loader 1526 Larimer 17.13 4.46 1527 Mesa,Weld 15.37 4.28 1528 Boom 22.67 8.72 Broom/Sweeper 1529 Larimer 23.55 6.20 1530 Mesa 23.38 6.58 1531 Weld 23.23 6.89 ♦ ti + -4- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION General Decision No.CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod POWER EQUIPMENT OPERATOR(con't): Bulldozer 1532 Larimer,Weld 22.05 6.23 1533 Mesa 22.67 8.72 1534 Crane 26.75 6.16 Drill 1535 Larimer,Weld 31.39 0.00 1536 Mesa 35.06 0.00 1537 Forklift 15.91 4.68 Grader/Blade 1538 Larimer 24.82 5.75 1539 Mesa 23.42 9.22 1540 Weld 24.53 6.15 1541 Guardrail/Post Driver 16.07 4.41 1542 Loader(Front End) 1543 Larimer 20.45 3.50 1544 Mesa 22.44 9.22 1545 Weld 23.92 6.67 Mechanic 1546 Larimer 27.68 4.57 1547 Mesa 25.50 5.38 1548 Weld 24.67 5.68 Oiler 1549 Larimer 24.16 8.35 1550 Mesa 23.93 9.22 Roller/Compactor(Dirt and Grade Compaction) 1551 Larimer 23.67 8.22 1552 Mesa,Weld 21.33 6.99 I. .5- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION General Decision No.CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod POWER EQUIPMENT OPERATOR(con't.): Rotomill 1553 Larimer 18.59 4.41 1554 Weld 16.22 4.41 Scraper 1555 Larimer 21.33 3.50 1556 Mesa 24.06 4.13 1557 Weld 30.14 1.40 Screed 1558 Larimer 27.20 5.52 1559 Mesa 27.24 5.04 1560 Weld 27.95 3.50 1561 Tractor 13.13 2.95 TRAFFIC SIGNALIZATION: Groundsman 1562 Larimer 11.44 2.84 1563 Mesa 16.00 5.85 1564 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1565 Larimer 19.28 4.89 1566 Mesa 19.17 4.84 1567 Weld 20.61 5.27 Dump Truck 1568 Larimer 18.86 3.50 1569 Mesa 15.27 4.28 1570 Weld 15.27 5.27 . a -6- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION General Decision No.CO140024 The wage and fringe benefits listed below do not reflect collectively bargained rates. Basic Hourly Last Code Classification Fringe Benefits Rate Mod TRUCK DRIVER(con't.): Lowboy Truck 1571 Larimer 18.96 5.30 1572 Mesa,Weld 18.84 5.17 1573 Mechanic 26.48 3.50 Multi-Purpose Specialty&Hoisting Truck 1574 Larimer,Mesa 16.65 5.46 1575 Weld 16.87 5.56 1576 Pickup and Pilot Car 13.93 3.68 1577 Semi/Trailer Truck 18.39 4.13 1578 Truck Mounted Attenuator 12.43 3.22 Water Truck 1579 Larimer 19.14 4.99 1580 Mesa 15.96 5.27 1581 Weld 19.28 5.04 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29 CFR 5.5(a)(1)(ii)). In the listing above,the"SU"designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. -7- U.S.DEPT.OF LABOR,DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-24-14 GENERAL DECISION NUMBER CO140016, 17, 18, 19,20,21,22,23 and 24 HIGHWAY CONSTRUCTION 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 �i 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. CO140024 RECikVED 1861 a✓• COM+‘:•"SIONERS MEMORANDUM UNTt G O__ — _ TO: Clerk to the Board DATE: April 9, 2013 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Agenda Bid No. B1000075 Doc # 2010-0661 Attached is one Contract Extension/Renewal for the 2013 Weld County Erosion Control & Revegetation with All Cowboy Erosion Control LLC. M.\Francie\Agendalosh2 docx C P - 15 - 13� 02O[O,-O6/01 ECodtea BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2013 County Erosion Control and Revegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3.25.2013 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The current contract for Erosion Control and Revegitation services between Weld County and All Cowboy Erosion Control is nearing expiration. The contract allows for yearly extensions and possible rate adjustments. Per the contract, the allowable rate adjustments are based upon the yearly percent change (+/-) to the Denver/Boulder/Greeley Consumer Price Index (CPI). The percent change to the CP Index between 2011 and 2012 is a+1.9%. All Cowboy Erosion Control has submitted their proposed 2013 rate schedule for the required services which requests an increase of+1.86%. This is below the possible +1.9% as allowed per the contract. This extension would be for the fourth year of a possible five year limit. The approved 2013 budget for these services is $135,000. The total amount utilized in 2012 for these services was $94,281.00 with an approved 2012 budget of$135,000. What options exist for the Board? (Include consequences,impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: PW is very satisfied with the contractor's performance and rates for selected services from past years. Based upon past experiences 1 am recommending approval for the attached 2013 contract renewal and rate adjustment for All Cowboy Erosion Control. Approve Schedule Recommendation Work Session Comments William F.Garcia, Chair RA' Douglas Rademacher, Pro-Tern (q) - Sean P. Conway Mike Freeman 1`n(e Barbara Kirkmeyer Attachments: 2013 Contract Extension/Renewal 2013 Rate Schedule M:\—Active Projects\EROSION-SEEDING Contract Contract extension and Renewal\2013-extended services\WorkSession(Work Session Requcst).ducx CONTRACT EXTENSION/RENEWAL Weld County Erosion Control and Revegetation Date: 3.18.2013 Project: Weld County Erosion Control and Revegetation generally consists of placing erosion control features IBMP's)and revegetation efforts for various construction and mining projects. Owner: Weld County Public Works Department,PO Box 758.Greeley,Colorado 80632 Consultant: All Cowboy Erosion Control LLC. 18277 County Road 22.Ft. Lupton.CO 80621 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Erosion Control is extended from April 5'^, 2013 to April 41h, 2014 as permitted by the contract. This extension will be the fourth year of a possible five year contract. Change to Original Rate Schedule: The 2012 Bid Schedule of the original contract shall be replaced by the attached 2013 Bid Schedule. CHANGE TO CONTRACT PRICE: The limit of 5135.000 compensation for this contract is not modified and remains in effect. CHANCE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: Owner Representative: Date: APR 1 5 2013 Willia E.Garcia hair) . 3/9 "� Engineer: � Date: /�2 Director: (�f ✓�� f/ L� Date: -�/�7/«3 APPROVALS: Consultant: All Cowboy Erosion Control L .C.By: I -Cp— Date: -S-Ice /j Title: P141/Ir/Cf O7O/4O - c‘6/ 2013 BID SCHEDULE— Pate 1 of 2 UNIT PRICE(IN UNIT PRICE ITEM ITEM DESCRIPTION UNIT WRITTEN WORDS) (FIGURES) 202 REMOVAL OR MAINTENANCE OF EROSION LOG EACH AND /100 $ $10.15 (12 INCH)(10 FOOT) DOLLARS REMOVAL OR MAINTENANCE OF EROSION 202 BALES EACH S $2.90 AND /100 DOLLARS REMOVAL OR MAINTENANCE OF SILT FENCE 202 LF $ $1.02 AND /100 DOLLARS REMOVAL OR MAINTENANCE OF SEDIMENT 202 BASIN(L=20 FOOT,W=5 FOOT,D=2 FOOT) EACH $ $300.00 AND /100 DOLLARS 208 EROSION LOGS{I_ INCH}(10 FOOT) EACH S $26.49 AND /100 DOLLARS 208 EROSION BALES(WEED FREE) EACH AND /100 $ $6.37 DOLLARS 208 SILT FENCE LF S $1.02 AND /100 DOLLARS 208 SEDIMENT BASIN (L=20 FOOT.W=5 FOOT, D=2 EACH I AND /100 S $600.00 FOOT) I DOLLARS 208 SEDIMENT REMOVAL AND DISPOSAL HOUR AND 1100 $ $30.00 DOLLARS , 212 SOD(LAWN) SF $ $.40 AND /100 DOLLARS 212 SEEDING(NATIVE)(ROADWAY) ACRE AND /100 $ $270.00 I DOLLARS , 212 SEEDING (NATIVE)(GRAVF.L PIT) ACRE AND /100 S $270.00 DOLLARS 212 BROADCAST SEENDING(NATIVE) SY AND /100 $ 51.02 DOLLARS BID SCHEDULE — Pace 2 of 2 UNIT PRICE(IN WRITTEN UNIT PRICE HEM ITEM DESCRIPTION UNIT WORDS) (FIGURES) 212 HYDRAULIC(SEEDING)(NATIVE.) ACRE 1 AND /100 $ S !26.00 DOLLARS 213 MULCH(STRAW)(WEED FREE)(LS ACRE AND /100 S $270.00 TONS/ACRE) DOLLARS I 213 HYDRAYLIC MULCH(STRAW)(WEED FREE) ACRE AND /100 S S1324.50 (1.5 TONS/ACRE) DOLLARS 216 SOIL RETENTION BLANKET(STRAW/COCONUT) SY S S1 53 AND /100 DOLLARS 216 TURF REINFORCEMENT MAT SY S $4.80 AND /100 DOLLARS 626 MOBILIZATION(ITEMS 202) EACII AND /100 3 $213.50 DOLLARS 626 MOBILIZATION(rrEMS 208) EACII AND /100 S S213.50 DOLLARS 626 MOBILIZATION(ITEMS 212 AND 213) EACH AND /100 S S417.00 DOI.LARS 626 MOBILIZATION(TTE:MS 216) EACEI AND /100 S S213.00 DOLLARS _ 630 CONSTRICTION ZONE TRAFFIC CONTROL 1 S AND /100 S $275.00 i DOLLARS 1 VI• ri OOl o 0 a m o O 0 V 0 0 0 0 0 Ln 0 ( W Ul 0 0 0 0 0 . . O O N ri O N tD ri O O O N N .-i N N N ri V M M h M N V ri 0 N O M NN NN N N N ri ri ri .-I N M tD N N V N M N N N N 4-' C ri U 1/1) UT VT VT -4/1) in VT VT VT VT 1/1- in N VT N VT VT ✓1 1? VT in VT VT co M co 0 N C DI L L L L L L j a) ` CI)O) 0 v L U U U U U V U l0 O LL CO CO O LL 0 0 LL O (-1 >- V U 0 } } V) V) J V) (p W LU J W W W J LU = V1 C C N C C C V) N J J J W 0 0 0 0 O ut 0 0 0 0 0 0 0 0 O O O O O O O O 0 '' 0 01 0 0 is N 0 0 0 V 0 0 0 0 O O ut N O O O O 0 O O N ri O 6 tO ri 0 0 O N v) ri O vi O .-i V O O O O O tJ .i O N O M l0 LD 0 ID O .i .-i .-i .-i N M ID N N V N CO N N 7 N N C 'i ri D in V7 VT N in in VT VT ../1) VT UT VT in 1./1- VT VT N VT 4/1) VT VT N N 4. gil CI O L L L L L .C 3 0) 0 0 0 0 L U 0 0 LL t0 (0 (0 LL N 0 LL U U } U U U y } N N N V) 0 e M LU W J W LU W J W = V1 C C N < CC CC N N J J _I J W 01 N ~ O + N H v; a 4...) N o ¢ m O CTY N N U _ o d 0 C LL U ut V. V N C ri S N N C II -. C N CO �. N to C d 0 Qt O Y 00 N CO 0 0 U .0 N O O LL m • '� V Oucccw ` E y 0 0 0 E in a 0 Co CO m .n .N LL ._ > " i u o o o 0 3 0 t° 0_ ≥ 0' — 3 U al E w` w` v, (n e-. a) LL v (o w m = ,i_ 0 0 0 s v al t o co Z z -0 `5- x 2_ N co v _ a C CU J 0iC b0 al m. C C C 0 C C N 3 O UI U) C 3 L m N 0 c rii E N CO N LO 0 .C .C .C .� N a V O EEEE E E =, 0 no oo v a0i 3 o O oN oN ry N N N `o o `o o "° °� c z CO ,�.. `^ `� o E E E E E o co co ca MI CO u C C 3 -' = - v C «_ .°_'. 0 0 C C C O O O m COV 3 J N v i O 0 d O O O O LL E E .0 .0 0 U U CC fi d _o .O m EEEE v v o 0 . v v o v v > > — 0 0 0 o c z tr it ¢ w w 'v) LOU) in to (n co = 2 = t° H 2 2 2 2 U N N N N 00 to CO N CO N N N NN CO M t0 t0 LC) LC) tD tD 0 O O O O O O O O O ri ri ri ri ri ri .-I ri ri N N N N M El N N N N N N N N N N N N N N N N N N LO 0 LO (0 6 N 1 v . MEMORANDUM J UI�Y G O_I)N? Y TO: Clerk to the Board DATE: March 23, 2012 FROM: Josh Holbrook, Public Works Department SUBJECT: Consent BOCC Agenda Contract Extension / Renewal for Weld County Erosion Control and Revegetation with All Cowboy Erosion Control LLC from April 5, 2012 to April 4, 2013. Attached are two original contracts, please return one signed contract to Public Works. Attached is one original agreement. m vraor'e\Ageoeaiosn-i eoe. Or O \r`thrltiJQ 312'eryteiyi-eG / c` 3Pz 112- Et-6 GG6.( BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2012 County Erosion Control and Revegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 3.13.2012 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The original agreement for the Erosion Control program can be extended from April 5, 2012 to April 4, 2013, as permitted by the contract. This extension would be for the third year of a possible five year term limit. The Contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley Consumer price index which was a 3.69% increase from 2010 to 2011. All Cowboy requested increase is 2.91% and the 2012 rate schedule is attached. The budgeted amount for 2012 is $135,000. All Cowboy was awarded this contract in 2010 as the low bid contractor and the department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for All Cowboy under the Erosion Control Contract. Approve Schedule Recommendation Work Session Comments Sean P. Conway, Chair William F. Garcia, Pro-Tem Barbara Kirkmeyer 4t David Long Douglas Rademacher Attachments pc: M:\—Active Projects\EROSION-SEEDING Contract\Contract extension and Renewal\2012-extended services\WorkSession(Work Session Request).docx ( ()\ 114\("I F:\7 F.\...IO\ / RF.\F:%%U. VA cid (lion) I.rosion( nntrul and Rescaetation Date: 3)4.2012 I'roleci. Al cid (.aunt) I ntsion(Lntrol and Ito,egeCuion general!) consists cal placing erosion control Icnures 111VWs)and resegeunion elGrtis Sur serious cnnstraclion and minim:prolecs l hs'ler. AA eld (bunts I'uhlic V1 orl.s I kparunenl, PI) Itoy 7s8,(treele),( olorado 806 12 ( unsutmnt._ _ AII (\toho) I rosion (onrind I I I 18277('cunt) Road 22S11. Lupton,l'O 80621 I he Iolluss ing change is herei made to the( nntract I)ocuments ( ontract I sue I.vtensitnr I he original \creenlent to' I rosion (()until is estendcd Irons April i'. 2012 to April d 'lll i as permiued hs the contrtet I his estension ss ill he the third sear of a possible the s ear contract Change to l)riginul Rate Schedule I he 111 I Rate Schedule nl the original contract shall he replaced h the attached .'nI2 Rate Schedule. (71.1\( 1 FU(7)\ IRA( 11'RIK I.: I he limit ttl SI us,(110)compensation Ior plus conlntcl is not modified and remains In tiled ( II %\GF. IU(.O\ lit%( l I ISIF:: the ( 'unmet time )s ill he increased h) (6s calendar(Idss RH (MTh:.NI)E1): MAR 2 8 2012 Ihs ner Representalis e. . 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U N O N 0 0 > N ill m u w` w` '.no v LL V .D � 'r+ clr 3 ro ri 0 0 0 O r 0 rroC o E ? Z -0 1° - v C O J t0 m m 0 c c C 0 C• CC C N 3 , 0 w U) c 3 L m E N W N 0O EEEE ut al CO E v v 3 3 0 U IN IN o o N N c co ro in`o `0 0 0 00 ro co c z z 'n '� .c o E E E E ° m u c c '" `-' 0 C Y « « 4., u To Tcs To To> > > > C C C 0 0 J V J L 3 U~1 0) • J In O 0 0 0 0 0 LL E E _. :0 v 0 C co CC z a s in E CO E E 0 o —' a v o v v E 0 J D .o t 0 0 0 0 0 0_ 0_ K K w W N V) V) VI N VI m 2 2 2 N h 2 2 2 2 V N N N N 00 00 CO CO CO N N N N N m m 0 LO w 0 LO 0 0 0 0 0 0 0 0 0 0 0 ri ri rl ri ri rl ri ri ri N N N N m E N N N N tV N N N N N N N N N N N N N LID 0 0 0 0 0) Zv17- Bll) SCHEDULE—Page I of 2 ITEM ITEM DESCRIPTION UNIT UNIT PRICE(IN UNIT PRICE WRITTEN WORDS) (FIGURES) f en 4d ila rS. �r- 202 REMOVAL OR MAINTENANCE OF EROSION LOG EACH S 0. MY- (12 INCI I)(10 FOOT) AND 2.�A'100 DOLLARS REMOVAL OR MAINTENANCE OF EROSION .}L.,O Alb r_S !fir c� BALES 202 EACH AND440/100 $ DOLLARS REMOVAL OR MAINTENANCE OF SILT FENCE Pie de/lei' /..s:241- 202 LF AND DD /100 $ DOLLARS REMOVAL OR MAINTENANCE OF SEDIMENT h�2� 17004v-eV ea BASIN(L 20 FOOT,W=5 FOOT,D=2 FOOT) t�lo il lfa 202 EACH AND O /1011 $ 3 0o DOLLARS 208 EROSION LOGS(12 INCH)(I0 FOOT) EACH q Or ,-,3" S AND 1100 DOLLARS 21V208 EROSION BALES(WEED FREE) EACH �G �''� $ 6a AND a )/100 DOLLARS Di e c44 - 208 SILT FENCE LF AND O+7lno $ I. d O I)OI.1ARs OD 208 SEDIMENT BASIN(1.-20 FOOT,W=5 FOOT.D=2 ©D EACH $ FOOT) AND Oa nun DOLLARS / h fr./x(10(4,S(10(4,S 2 4+,o 208 SEDIMENT REMOVAL AND DISPOSAL HOUR $ /D AND OO /100 DOLLARS 212 SOD(LAWN) SF AND L/()1I00 $ ya D LLARS 212 SEEDING(NATIVE)(ROADWAY) ACRE 'ND op/100 $ a 6 C °‘' DOLLARS >i-LVD e1't.4t-1 00 oAe.212 SEEDING(NATIVE)(GRAVEL PIT) ACRE AND ' �dd7 /100 $ 0?4S DOLLARS . env •4661..,.. 4°6 212 BROADCAST SEENDING(NATIVE) SY AND PO $ moo DOLLARS BID) SCHEDULE— Pace 2 of 2 UNIT PRICE(IN WRI EI'EN IJNur PRICE ITEM ITEM DESCRIPTION UNIT WORDS) t (FIGURES) QQ��e fJt [tS�mot{ � C�Dui u4.:lier� 212 HYDRAULIC(SEEI)1NG}(NATTVE} ACRE AND 0/100 $ DOLLARS 13 MULCH(STRAW)(WEED FREE)11.5 TONS; ACRE (IBC / $ 12 6 ACRE) AND 6 1100 DOLLARS (9/)( 7(houS4ec� et) HYDRAYLIC MULCH(STRAW)(WEED FREE) ACRE f-Jl,'G k'k 4 d S ? 213 / ..)4L' (1.S TONS/ACRE) ANI) D /100 / DOLLARS o ie dvrlo4a 216 SOIL RETENTION BLANKET(STRAW/COCONUT) SY AND" )l u 5 s /- `. DOLI,ARS 6'' 4/gas4.l. ' 9 Sv 216 TURF REINFORCEMENT MAT SY AND pie° DOLLA S 626 MOBILIZATION(ITEMS 202) EACH l AND 0 /l0U $ 0 DOLLARS #4.0 Aµ rid tej 0 e R/61626 MOBILIZATION(ITEMS 208) EACH 011110 _DOLLARS 626 MOBILIZATION(ITEMS 212 AND 213) EACH AND p /100 ' s / DOLLARS f� PM a h K.-A-E/ p U 626 MOBILIZATION(ITEMS 216) EACH AND �I00 s DOLLARS p ,474rr,1,a 4(1 630 CONSTRUCTION ZON1'.TRAFFIC CONTROI, LS ANDS /100 S 70 DOLLARS TOTAL $ MEMORANDUM WIWDe. COLORADO TO: Clerk to the Board DATE: May 9, 2011 FROM: Wayne Howard, County Engineer CIP SUBJECT: Consent Agenda Item Contract Extension/Renewal for Erosion Control and Revegetation with All Cowboy Erosion Control as budgeted in 2011 not to exceed of$135,000. Attached is one signed Agreement. M Vhanoie'Apenda hem-I lee r rl� f , %/ 0,t, . P w /-41("7,c / l 13 i jolu—Ou kl CONTRACT EXTENSION/RENEWAL Weld County Erosion Control and Revegetation Date: 4/29/2011 Project: Weld County Erosion Control and Revegetation generally consists of placing erosion control features(BMP's)and revegetation efforts for various construction and mining projects. Owner: Weld County Public Works Department, PO Box 758, Greeley, Colorado 80632 Consultant: All Cowboy Erosion Control LLC. 18277 County Road 22,Ft. Lupton, CO 80621 The following change is hereby made to the Contract Documents: Contract Time Extension: The original Agreement for Erosion Control is extended from April 5th, 2011 to April 4t, 2012 as permitted by the contract. This extension will be the second year of a possible five year contract: Change to Original Rate Schedule: The 2011 Rate Schedule of the original contract shall remain in effect. There was no rate increase for 2011. CHANGE TO CONTRACT PRICE: The limit of$135,000 compensation for this contract is not modified and remains in effect. CHANGE TO CONTRACT TIME: The Contract time will be increased by 365 calendar days. RECOMMENDED: Owner Representative Date: MAY 1 1 2011 � bara f `^ c,? t� Kirkmeye ) Engineer: V ' Date: (Z-ck ktO� Director: �a-7- Date: y -257 -// APPROVALS: Consultant:an All By: J / Date: (// 9/00/1 Title: / CA_Q\C�� v � �� .o� Jam\zeL,Vao kl 67G/G �� BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Weld 2011 County Erosion Control and Revegetation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 4.29.2011 PERSON REQUESTING: Pat Persichino, Weld County Public Works Brief description of the problem/issue: The original agreement for the Erosion Control program can be extended from April 5, 2011 to April 4, 2012, as permitted by the contract. This extension would be for the second year of a possible five year term limit. The 2010 rate schedule of the original contract remains, there will be no rate increase for 2011. The projected and budgeted amount for 2011 is $135,000. All Cowboy was awarded this contract in 2010 as the low bid contractor, and the department has been satisfied with their work. This was discussed during the policy work session of April 28, 2011. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: I recommend approval for All Cowboy under the Erosion Control Contract. Approve Schedule Reco mmendation Work Session Comments Barbara Kirkmeyer, Chair 1L Sean P. Conway, Pro-Tern William F. Garcia David Long Douglas Rademacher Attachments pc: M\—Active Projects\EROSION-SEEDING ContractA Contract extension and RenewalMi -extended Services\WorkSession(Work Session Request)docx ieft MEMORANDUM COLORADO TO: Clerk to the Board DATE: December 21, 2010 FROM: Wayne Howard, Public Works SUBJECT: Consent Agenda Item Change Order No. 1 (final) for WCR 13 Erosion Control & Seeding Services with All Cowboy Erosion Control in the amount of$4,519.80. Attached are two original signed Change Order No. 1 duplicates. Please return one original signed by the Chair. M:TrancfeAAgenda Item-I.doc OWc G( C 49 eye .. QL`- 0 onci 4,) rcwlc 1 /Z . Zq_/ O' ia. 1 7 a ate, id EGuuCJ� s- - a ' BOARD OF COUNTY COMMISSIONE' REVIEW!WORK SESSION REQUEST 1, I �ly_yy rr RE: WCR 13—Erosion Control & Seeding Services Change Order#1 (Final) DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: December 9. 2010 PERSON REQUESTING: Wayne Howard,CIP County Engineer Brief description of the problem/issue: Weld County has measured the final pay quantities associated with the contracted erosion control and seeding services for this project. During road construction some additional disturbed areas were created. In addition, site conditions have resulted in the need to revise some of the original work order quantities. The original work order amount will need to be increased by $4,519.80 to compensate the Contractor. What options exist for the Board? The Board may choose approve or not approve this proposed Change Order. Recommendation to the Board: The Department recommends the Board approve this proposed Change Order. Approve Schedule Recommendation Work Session Comments Douglas Rademacher.Chair n Barbara Kirkmeyer Sean P. Conway q2Z/ William F. Garcia David F. Long Attachments: Change Order No.1 (Final) CHANGE ORDER NO. 1 (FINAL) WCR 13 EROSION CONTROL & SEEDING SERVICES Date: December 9, 2011 Project: 2010 Erosion Control On-Call Services, Bid Request No. B1000075 Owner: Weld County,Colorado Contractor: All Cowboy Erosion Control, 18277 CR 22, Fort Lupton, CO 80516 CHANGE ORDER DESCRIPTION: During construction of WCR 13/WCR 54 to SH 34 some additional disturbed areas were created. In addition, site conditions have resulted in the need to revise some of the original work order quantities(see attached). The final contract pay quantities have been determined, and the original work order amount will need to be increased to compensate the Contractor. CHANGE TO CONTRACT PRICE: Original Contract Price: $20,627.50 Current Contract Price adjusted by previous Change Order(s): $20,627.50 The Contract Price due to this Change Order will be increased by: $4,519.80 The Final Contract Price, including this Change Order, will be: $25,147.30 CHANGE TO CONTRACT TIME: The Contract Time will be increased by 0 calendar days. The date for completion of all Work will be: December 31, 2010. RECOMMENDED: Owner Representative: �cv��e.` C� T Date: DEC 2 9 an � Dooug(�s Rademacher(Chair) ��Engineer/Owner: M ke(�X,ad✓ tag Q•E. • Date: vZ h'VC APPROVALS: Contractor: Date:/2 -7--/° ;1o/0--064/ 2010 ON-CALL EROSION CONTROL SERVICES Change Order #1 - WCR 13/WCR 54 to SH 34 Dated: 12/8/10 All Cowboy Erosion Control,LLC 18277 CR 22 Ft. Lupton, CO 80621 ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST REMOVAL OR MAINTENANCE OF 202 EACH 9 $10.00 $90.00 EROSION LOGS (12 INCH) (10 FOOT) 202 REMOVAL OR MAINTENANCE OF EACH 0 $2.90 EROSION BALES 202 REMOVAL OR MAINTENANCE OF SILT LF 0 $0.45 FENCE 208 EROSION LOGS (12 INCH) (10 FOOT) EACH 30 $24.00 $720.00 208 EROSION BALES (WEED FREE) EACH 18 $5.85 $105.30 208 SILT FENCE LF 1100 $0.85 $935.00 212 SEEDING (NATIVE) ACRE 2.9 $225.00 $652.50 212 BROADCAST SEEDING (NATIVE) SY 4216 $0.90 $3,794.40 212 HYDRAULIC SEEDING (NATIVE) ACRE 2.22 $1,400.00 $3,108.00 213 MULCH(1.5 TONS/ACRE) ACRE 2.9 $225.00 $652.50 213 HYDRAULIC MULCH(1.5 TONS/ACRE) ACRE 2.22 $1,300.00 $2,886.00 216 SOIL RETENTION BLANKET SY 3236 $1.10 $3,559.60 216 TURF REINFORCEMENT MAT SY 980 $4.80 $4,704.00 626 MOBILIZATION (ITEM 202) EACH 0 $200.00 626 MOBILIZATION (ITEM 208) EACH 2 $200.00 $400.00 626 MOBILIZATION (ITEMS 212 AND 213) EACH 4 $400.00 $1,600.00 626 MOBILIZATION (ITEM 216) EACH 2 $200.00 $400.00 F/A *REPAIR SPRINKLER SYSTEM F/A 1 $ 1,000.00 $1,000.00 F/A TRAFFIC CONTROL EACH 2 $ 270.00 $540.00 TOTAL $25,147.30 This Work Order is not lump sum, Contractor will be reimbursed only for quantities placed and accepted. *Repair Sprinkler System shall consist of relocating heads and pipes at David McDonough home on WCR 13. 2010 ON-CALL EROSION CONTROL SERVICES Work Order #1 - WCR 13/WCR 54 to SH 34 Dated: 4/21/10 All Cowboy Erosion Control, LLC 18277 CR 22 Ft. Lupton, CO 80621 ITEM ITEM DESCRIPTION UNIT EST. QTY UNIT COST TOTAL COST 202 REMOVAL OR MAINTENANCE OF EACH 40 $10.00 $400.00 EROSION LOGS (12 INCH)(10 FOOT) 202 REMOVAL OR MAINTENANCE OF EACH 50 $2.90 $145.00 EROSION BALES 202 REMOVAL OR MAINTENANCE OF SILT LF 3400 $0.45 $1,530.00 FENCE 208 EROSION LOGS (12 INCH)(10 FOOT) EACH 40 $24.00 $960.00 208 EROSION BALES (WEED FREE) EACH 50 $5.85 $292.50 208 SILT FENCE LF 3400 $0.85 $2,890.00 212 SEEDING (NATIVE) ACRE 2 $225.00 $450.00 212 BROADCAST SEEDING (NATIVE) SY 1700 $0.90 $1,530.00 212 HYDRAULIC SEEDING (NATIVE) ACRE 0.5 $1,400.00 $700.00 213 MULCH(1.5 TONS/ACRE) ACRE 2 $225.00 $450.00 213 HYDRAULIC MULCH (1.5 TONS/ACRE) ACRE 0.5 $1,300.00 $650.00 216 SOIL RETENTION BLANKET SY 1700 $1.10 $1,870.00 216 TURF REINFORCEMENT MAT SY 700 $4.80 $3,360.00 626 MOBILIZATION (ITEM 202) EACH 2 $200.00 $400.00 626 MOBILIZATION (ITEM 208) EACH 6 $200.00 $1,200.00 626 MOBILIZATION (ITEMS 212 AND 213) EACH 5 $400.00 $2,000.00 626 MOBILIZATION (ITEM 216) EACH 4 $200.00 $800.00 F/A *REPAIR SPRINKLER SYSTEM F/A 1 $ 1,000.00 $1,000.00 TOTAL $20,627.50 This Work Order is not lump sum, Contractor will be reimbursed only for quantities placed and accepted. *Repair Sprinkler System shall consist of relocating heads and pipes at David McDonough home on WCR 13. MEMORANDUM apt. COLORADO TO: Clerk to the Board DATE: April 14, 2010 FROM: Robert Patrick, P. E., Public Works SUBJECT: Agenda Item Please submit the attached Agreement and subsequent Change Orders 1, 2 and 3 for BOCC review and approval: 1. Agreement with All Cowboy Erosion Control, LLC, for the 2010 On Call Services for Erosion Control and Revegetation described in the Invitation for Bids#B1000075. Attached are two original signed agreements. 2. ge Order No. 1: Project is WCR 13/WCR 54 to SH 34 not to exceed $20,627.50 3. Change Order No. 2: Project is reseeding Kersey Grader Shed and various gravel pits not to exceed $7,393.75 W CYk 4. ChangeOrder No.3: Project is WCR 7&48 south of SH 60 and WCR 74 from WCR 61 to SH 392 not to exceed $6,463.10 Please return one signed original Agreement to Public Works. M.Franci&Agenda ltem-]dcc _ I - C�11 Li A L{Ct c4 CtQ NH+ �D/o .. o� c - (9 Cle �JJ Pio AGREEMENT 2010 On Call Services for Erosion Control and Revegetation THIS AGREEMENT, made this 5 day of April, 2010, by and between Weld County, Colorado, hereinafter called "Owner" and All Cowboy Erosion Control,LLC doing business as(an individual,)or(a partnership,)or(a corporation)hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete the following: 2010 On Call Services for Erosion Control and Revegetation described in the Invitation for Bids,Bid No. B 1000075 2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The Contractor will commence the work required by the Contract Documents within ten(10)calendar days after the Notice to Proceed and will complete the 2010 On Call Services for Erosion Control and Revegetation within 365 calendar days unless the period for completion is extended otherwise by the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$ 95,949.80 ,or as shown in the Bid Schedule. 5. The term"Contract Documents"means and includes the following: (A) Invitation for Bids (B) Instructions to Bidders (C) Bid Proposal (D) Bid Bond (E) Statement of Qualifications and Subcontractors (F) Required Project Forms (G) Agreement (H) Labor and Materials Payment Bond (I) Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Change Order (M) Certificate of Substantial Completion (N) Lien Waiver (O) Notice of Acceptance (P) Contract, Specifications, and Drawings issued by the Weld County Public Works Department. (Q) Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" - (R) Colorado Department of Transportation Standard Plans"M& S Standards" (S) Addenda: No. 1 dated March 23,2010. 6. The Owner will pay to the Contractor in the manner and at such times as set forth by the Contract Documents,or otherwise agreed upon in writing. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators,successors,and assigns. 8. Contract Appropriations: The Owner hereby states and affirms that the amount of money appropriated for this Contract is equal to or in excess of the Contract amount. No change order to this Contract requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract shall be issued by the Owner unless the Owner assures the Contractor, in writing, that lawful appropriations to cover the costs of the additional work has been made or unless such work is covered under a remedy-granting provision contained in the Contract. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in two(2)copies each of which shall be deemed an original on the date first above written. ORDERED BY: • ACCEPTED BY: THE BOARD OF WELD COUNTY COMMISSIONERS CONTRACTOR B1� (X7Sunrift-elbw' BYA/l Gow u 6oy &osier/ 4047i'o / G - NAME // Douglas Rademacher NAME 8,- c.Cn t3 LL6t r✓t (Please Type) TITLE Chair TITLE ter e1 Fl(ye,- Date 04/21/2010 ADDRESS ig D77 eA,Ro / a r f e/7 GO' 13 dad sx.ve Sea e. tli �4i (SEAL) , E A a (SEAL) N� :Q ATTEST: ".5 ' ' " � ATTEST: F ' ••.... �4 ., 4. Si1,:_ I DyC m ;�-ion Expires - ccWeld Coun Clerk to the B '2 • WT(f,`•'�e A, G i BY I /i/,i i /':Ii/�� BY Deputy C to the Board ' e.se Type) , TITLE a©WD e2 • WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND ALL COWBOY EROSION CONTROL, LLC Dated: April 19,2010 Work Order Number: ALL COWBOY -#1 Project Title: WCR 13/WCR 54 to SH 34 Work Order Commencement Date: April 19,2010 Work Order Completion Date: November 19, 2010 Limitations on compensation: Not to exceed $20,627.50—see attachment for details Project Description: 2010 ON-CALL EROSION CONTROL SERVICES (BID NO. B1000075) The Contractor agrees to perform the services Weld County identified above and on the attached forms in accordance with the terms and conditions By: t 2Ye�J �'a �1J� � �'E. • contained herein and in the 2010 On Call Project Manager Services for Erosion Control and Revegetation between the parties. In the event of a conflict Date: y I\N 17—O\O between or ambiguity in the terms of the On Call Services Agreement and this work order (including the attached forms) the On Call By / Services Agreement shall control. Department Head Contractor Date: 9—/P —/D All Cowboy Erosion Control, LLC By: BY: 16a °""---- Director of finance and Administration Title: I''tG.ricite✓ — _— Date: 4 a \ I Date: / —"y ""U // L Qs .!f The attached forms are hereby accepted and Chairman, Weld Co my Commissioners incorporated herein, by this reference, and Notice to Proceed is hereby given. Date: ;,b16 -O61/ f , 2010 ON-CALL EROSION CONTROL SERVICES Work Order #1 - WCR 13/WCR 54 to SH 34 All Cowboy Erosion Control,LLC 18277 CR 22 Ft. Lupton, CO 80621 ITEM ITEM DESCRIPTION UNIT EST. QTY UNIT COST TOTAL COST 202 REMOVAL OR MAINTENANCE OF EACH 40 $10.00 $400.00 EROSION LOGS (12 INCH)(10 FOOT) 202 REMOVAL OR MAINTENANCE OF EACH 50 $2.90 $145.00 EROSION BALES 202 REMOVAL OR MAINTENANCE OF SILT LF 3400 $0.45 $1,530.00 FENCE 208 EROSION LOGS (12 INCH)(10 FOOT) EACH 40 $24.00 $960.00 208 EROSION BALES (WEED FREE) EACH 50 $5.85 $292.50 208 SILT FENCE LF 3400 $0.85 $2,890.00 212 SEEDING(NATIVE) ACRE 2 $225.00 $450.00 212 BROADCAST SEEDING (NATIVE) SY 1700 $0.90 $1,530.00 212 HYDRAULIC SEEDING (NATIVE) ACRE 0.5 $1,400.00 $700.00 213 MULCH(1.5 TONS/ACRE) ACRE 2 $225.00 $450.00 213 HYDRAULIC MULCH(1.5 TONS/ACRE) ACRE 0.5 $1,300.00 $650.00 216 SOIL RETENTION BLANKET SY 1700 $1.10 $1,870.00 216 TURF REINFORCEMENT MAT SY 700 $4.80 $3,360.00 626 MOBILIZATION (ITEM 202) EACH 2 $200.00 $400.00 626 MOBILIZATION (ITEM 208) EACH 6 $200.00 $1,200.00 626 MOBILIZATION (ITEMS 212 AND 213) EACH 5 $400.00 $2,000.00 626 MOBILIZATION(ITEM 216) EACH 4 $200.00 $800.00 F/A *REPAIR SPRINKLER SYSTEM F/A 1 $ 1,000.00 $1,000.00 TOTAL $20,627.50 This Work Order is not lump sum, Contractor will be reimbursed only for quantities placed and accepted. Contractor to notify Project Manger(970-304-6496)x 3706 24 hours in advance of beginning work so that an inspector can be on site during placement. *Repair Sprinkler System shall consist of relocating heads and pipes at David McDonough home on WCR 13. WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND ALL COWBOY EROSION CONTROL, LLC 2010 ON CALL SERVICES FOR EROSION CONTROL AND REVEGETATION BID NO. B1000075 DATED: April 19, 2010 Work Order Number: ALL COWBOY -2 Project Title: Reseeding Work Order Commencement Date: April 19,2010 Work Ordcr Completion Date: ASAP Limitations on compensation: Not to exceed $7,393.75 —see attachment for details Project Description: See Bid No. 1000075 dated: APRIL 19, 2010 The Contractor agrees to perform the services identified above and on the attached forms in Weld County accordance with the terms and conditions contained herein and in the 2010 On Call By: Services for Erosion Control and Revegetation Project Manager between the parties. In the event of a conflict between or ambiguity in the terms of the On Call Date: April 19, 2010 Services Agreement and this work order (including the attached forms) the On Call Services Agreement shall control. Department Head Contractor Date: V— /9 -/a All Cowboy Erosion Control, LLC / By: _ ByThicA�� Director of ante and Administration Title: bnai, o'r S Date: ` I 0 Date: April 19, 2010 The attached forms are hereby accepted and BY: f,L7`]l4 """t" incorporated herein, by this reference, and Chairman, Weld County ommissioners Notice to Proceed is hereby given. Date: U� h ao/o-o46/ in H r V� o o vi O M p q 2 r- o o N -_ C. Q N F 69 69 (A 65 0 H H C0 0 0 0 0 0 0 0 O 0 0 o coco ,.a '- N N U09 N mr el M e H EM 601 H Ern WI H EM H CID C N 0 .0 W W 3 Y o V HO 0 0 L a xh _ 3 V] ,�' r O Q, c `e U ri a L c a v mo v ti d Fo W y A a a v v i N N O m y 0 c O W W M M 0. b N R C N O C .n •N y ,o y .d H - R Z z O 0 O 9 ❑ L C O. 'O co o L O O cg N W i x C N e u t83 O 4 � i a O a at o O. I, E o ea a, u U a- o Z ❑ ' 0 3 a a4) m a c M - e 0 m G Pw-. U 0 O a q N 0 � N w 0 0 w M Fq X L rn en al.) U 0J .` x O ` — e 0 0 a C4 3 ❑ 0 E I y � ,'q W (I J� ra N 9 o v H CL CC R V p M Z .D M *l 4k o on ° d d d a d a W L0 a U `o 8 o a . `I U 4 " � C � y Co M :_ w ,0 :-, "C o • L .a Q _ M G, v E. m O s . o _ _ W N Ca u w0 I ad .L'i rn [tl '�+ W W u Z L L d L 0 R 03 N to' v m o A z Q ,.� F > ,---. 3 < C7 U' CLa U `°. F en 7 7 •O U 3 W F Q' N L d ^O .o n. .°J. O Q > Q Q X N Y t i 0 0 r. et• > 3 T a. P a W G en v ca v u U o y w 0 0 0 o 'a 7 X C7 p p Q W , d z v a g i° Ct�y 0 .a-1 0 � on y 0 Z z [+.1 U U WH a u x -`. h - .7,i, 0 3 9aJ m ,4 Q Q W p o M W b 0 _ a4) �'n W ,U. I% O F — 3 ❑ T 0 N o o b.; .! � / .] w .a ,n Q o y _ u LI'a"i c 3 U o . v Z o c O.l x z F S L.. .? o a . U N r-1 cn v b •O O W N en —rn N C 'H N N N N N N �O F U w �i .• 0. ¢ �' w w ei a a` 4 WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND ALL COWBOY EROSION CONTROL, LLC 2010 ON CALL SERVICES FOR EROSION CONTROL AND REVEGETATION BID NO. B1000075 DATED: April 15,2010 Work Order Number: ALL COWBOY -#3 Project Title: WCR 7 & 48 south of SH 60 and WCR 74 from WCR 61 to SH 392 Work Order Commencement Date: When seeding has taken hold estimated July 15, 2010 Work Order Completion Date: estimated July 15, 2010 Limitations on compensation: Not to exceed $6,463.10—see attachment for details Project Description: See Bid No. 1000075 dated: APRIL 15, 2010 The Contractor agrees to perform the services identified above and on the attached forms in Weld County accordance with the terms and conditions contained herein and in the 2010 On Call By: Services for Erosion Control and Revegetation Project Manager between the parties. In the event of a conflict between or ambiguity in the terms of the On Call Date: -?7,79M Services Agreement and this work order (including the attached forms) the On Call �� Services Agreement shall control. By �/� Department Head Contractor Date: y— 7 /c All Cowboy Erosion Control, LLC By: i, raBy: o��c Director of 'nance and Administration Title: mail of Date: 4 a‘ Io Date: 9j//9 --/O The attached forms are hereby accepted and By: ' �' c�3 2 °v'4`c 'e incorporated herein, by this reference, and Chairman, Weld Coun Commissioners Notice to Proceed is hereby given. e/_ / to Date: Jo/1"-c ,/ 2010 ON CALL EROSION CONTROL & SEEDING SERVICES Request for Cost Estimate and Work Order#3 Location: WCR 7&48 SOUTH OF SH 60 AND WCR 74 WCR 61 TO SH 392 All Cowboy Erosion Control,LLC 18277 CR 22 Ft.Lupton,CO 80621 Please be advised that Weld County requests that you Provide a Written Cost Estimate on this form, and prepare to proceed with the work at the following location(s): Project Name: WCR 7&48 south of SH 60 AND WCR 74 from WCR 61 to SH 392 Project Description: REMOVAL OF LOGS& BALES AND BROADCAST SEEDING WCR 7 WCR & 48 74 TOTAL ITEM ITEM DESCRIPTION EST. EST. EST. UNIT TOTAL UNIT QTY QTY QTY COST COST REMOVAL OR MAINTENANCE OF EACH 75 41 116 $10.00 $1,160.00 202 EROSION LOGS(12 INCH)(10 FOOT) REMOVAL OR MAINTENANCE OF EACH 110 0 110 $2.90 $319.00 202 EROSION BALES 212 BROADCAST SEEDING(NATIVE) SQ. YD. 3749 0 3749 $0.90 $3,374.10 626 MOBILIZATION(ITEM 202) EACH I 1 2 $200.00 $400.00 626 MOBILIZATION(ITEMS 212 AND 213) EACH 1 0 1 $400.00 $400.00 630 TRAFFIC CONTROL EACH 2 1 3 $270.00 $810.00 TOTAL $6,463.10 When notified the contractor shall remove all erosion logs and bales from project limits; WCR 7&48 broadcast&rake in seed along steep back slopes as marked EST.QTY: 3749 WCR 7: east side from WCR 48 north 3200 ft by approx 4 ft wide,approx. 1423 SY west side from cross culvert mid project north 800 ft by approx 6 ft wide,approx. 534 S.Y. WCR 48:north side from WCR 7 east 2687 ft by approx 6 ft wide,approx. 1792 S.Y. This Work Order is not lump sum,Contractor will be reimbursed only for quantities placed and accepted. Contractor shall notify Bob Patrick,Project Manger(970-301-3444 cell), 24 hours in advance of beginning work so that an inspector can be on site during work. l\ MEMORANDUM TO: Clerk to the Board DATE: June 8, 2010 COLORADO FROM: Robert Patrick, P.E., Public Works SUBJECT: Consent Agenda Item Please submit the attached All Cowboy Erosion Control, LLC, Work Order #4 for Chair's signature. Work Order No. 4 is under the 2010 On Call Services for Erosion Control and Revegetation, Bid #B1000075. This work is for seeding and placement of erosion control on WCR 7 between WCR 48 and SH 60 and on WCR 74 from WCR 61 to SH 392, not to exceed $5,239.96. Summary of cost to date: Original Agreement Amount: $95,494.80 Previous Work Orders 1 — 3: $34,484.35 Work Order#4: $ 5,239.96 Remaining Balance: $55,770.49 Attached are two original Work Orders#4. Please return one original to Public Works. M:\—Active Projects\2010 ON CALL EROSION-SEEDING\WORK ORDERS\WO#4 BOB\MEMO-to BOCC WO 4.docx lx - (ul -1O 1 tot, 0u /G) (rnnCA:P) (1 -al -ft) 7Clc -c ((‘ • BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Project Reseeding on WCR 7/WCR 48 & SH 60; WCR 74/WCR 61 & SH 392 DEPARTMENT: PUBLIC WORKS DATE: June 4, 2010 PERSON REQUESTING: Wayne Howard, County Engineer/CIP Brief description of the problem/issue: Public Works is requesting approval to perform seeding & erosion control services for the WCR 7 between WCR 48 and SH 60 project and the WCR 74 from WCR 61 and SH 392 project utilizing the On-Call contract that was recently awarded to ALL Cowboy Erosion Control. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) This is Work Order #4 (See attached) with All Cowboy Erosion Control approved under the 2010 On Call Services for Erosion Control and Revegetation Bid #B1000075. This item shall not exceed $5,239.96. Public Works requests permission to award All Cowboy Erosion Control to perform erosion control on the above mentioned portions of road. The costs have been budgeted within the 2010 PW budget with the cost for the WCR 74 Project being funded with a 2009 DOLA grant. The Board may choose to approve or deny WO #4. PW is not able to obtain release from the State Health Permit until the projects have reached a point of soil stabilization. We feel this work is necessary to obtain that level of stabilization. Recommendation to the Board: I recommend approval of Work Order 4 with All Cowboy Erosion Control. Approve Schedule Recommendation Work Session Comments Douglas Rademacher, Chair Barbara Kirkmeyer Sean P. Conway I'i William F. Garcia David E. Long M:\—Active Projects\2010 ON CALL EROSION-SEEDING\WorkSessionWo#4.docx WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND ALL COWBOY EROSION CONTROL,LLC 2010 ON CALL SERVICES FOR EROSION CONTROL AND REVEGETATION BID NO.B1000075 DATED: May 21, 2010 Work Order Number: ALL COWBOY=#4 Project Title: WCR 7 & 48 south of SH 60 and WCR 74 from WCR 61 to SH 392 Work Order Commencement Date: June 7, 2010 Work Order Completion Date: June 21. 2010 Limitations on compensation: Not to exceed 55.239.96-see attachment for details Project Description: See Bid No. 1000075 dated: APRIL 15, 2010 The Contractor agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the 2010 On Call Services for Erosion Control and Revegetation between the parties. In the event of a conflict between or ambiguity in the terms of the On Call Services Agreement and this work order (including the attached forms)the On Call Services Agreement shall control. Contractor All Cowboy Erosion Control, LLC By: 1,rann fl3!.,_ Title: )i*t Date: "2/i0 The attached forms are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. W lldd County By: Project Manager / Date: J/z�/,o • By: rrzlec—,e---;-- Department Head Date: G///70 Director of Fi Director ance and Administration Date: 06/14/2010 By: ;> Chairman, Weld Co ty Commissioners Date: 06/14/2010 aD/D -06 6/ 2010 ON CALL EROSION CONTROL & SEEDING SERVICES Request for Cost Estimate and Work Order#_4_ Location:WCR 7,48&74 All Cowboy Erosion Control,LLC 18277 CR 22 Ft.Lupton,CO 80621 Please be advised that Weld County requests that you Provide a Written Cost Estimate on this form, and prepare to proceed with the work at the following location(s): Project Name: Project Description: WCR 7&48 WCR 74 TOTAL ITEM ITEM DESCRIPTION UNIT UNIT COST EST.QTY EST.QTY EST.QTY TOTAL COST 212 SEEDING(NATIVE)(ROADWAY) ACRE $ 225.00 1.2 1.2 $270.00 212* BROADCAST SEEDING(NATIVE) SQ.YD. $ 0.90 961 2559 3520 $3,168.00 216 SOIL RETENTION BLANKET SQ.YD. $ 1.10 44.4 44.4 $48.84 216 TURF REINFORCEMENT MAT SQ.YD. $ 4.80 44.4 44.4 $213.12 626 MOBILIZATION(ITEMS 212 AND 213) EACH $ 400.00 1 1 2 $800.00 626 MOBILIZATION(ITEM 216) EACH $ 200.00 1 1 $200.00 630 TRAFFIC CONTROL EACH $ 270.00 1 1 2 $540.00 TOTAL $5,239.96 BROADCAST SEEDING (NATIVE)SHALL BE AT DOUBLE THE RATE SHOWN IN BID DOCUMENTSSEED MIX Work sites are describe on attach sheet This Work Order is not lump sum,Contractor will be reimbursed only for quantities placed and accepted. Contractor to notify Project Manger(970-304-6496)x 3742 24 hours in advance of beginning work so that an inspector can be on siteduurrriing placement. / Contractor's Signature: /1/20K---4,78-7,67_—_ Date3-�A �G Contractor's Probable Start Date: June ,2010 Esf mated time to complete 14 working lam/days. Project Manager: Date: 6 -/ //� MEMORANDUM I 26, 2010 TO: Clerk to the Board DATE: October. COLORADO FROM: Don Dunker, P.E., Public Works AO SUBJECT: Consent Agenda Item Please submit the attached All Cowboy Erosion Control, LLC, Work Order #5 for Chair's signature. Work Order No. 5 is under the 2010 On Call Services for Erosion Control and Revegetation, Bid #B1000075. This work is for seeding, mulching and placement of erosion control on CR 87, CR 122 & CR-89 near Grover, also known as the Grover Project, not to exceed $6,107.00. Attached are two original Work Orders #5. Please return one original to Public Works. c-r \iij e�� MA-Active Projects 010 ON CALL EROSION-SEEDING\WORK ORDERS\WO#5 Don\MEMO-to BOCC WO 5.docx //-/-c &7t - a -to 2pio - uc WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN WELD COUNTY AND ALL COWBOY EROSION CONTROL,LLC Dated: October 22, 2010 Work Order Number: ALL COWBOY -#5 Project Title: CR 87,CR-122 &CR-89 Grover Work Order Commencement Date: November 15,2010 Work Order Completion Date: December 5,2010 Limitations on compensation: Not to exceed$6,107.00—see attachment for details Project Description: 2010 ON-CALL EROSION CONTROL SERVICES(BID NO.B1000075) The Contractor agrees to perform the services Weld County identified above and on the attached forms in , /J accordance with the terms and conditions By: (�/ contained herein and in the 2010 On Call Project Manager Services for Erosion Control and Revegetation between the parties. In the event of a conflict Date: /0 —2 V —/o between or ambiguity in the terms of the On Call Services Agreement and this work order (including the attached forms) the On Call By: /7-1---,-->" 2 Services Agreement shall control. Department Head Contractor Date: j lQ All Cowboy Erosion Control,LLC 41 1 —1 I i By: h�t�o . BY/ Director o Finance and Administration Title: "d/Y e"— Date: NOV 0 1 2010 Date: �� - 5/°' B : The attached forms are hereby accepted and Chairman, Weld Coy my Commissioners incorporated herein, by this reference, and NOV 0 1 2010 Notice to Proceed is hereby given. Date: do/C -ee6/ 2010 ON CALL EROSION CONTROL & SEEDING SERVICES Request for Cost Estimate and Work Order#_5_ Location: CR-87,CR-122&CR-89 Grover All Cowboy Erosion Control, LLC 18277 CR 22 Ft. Lupton,CO 80621 Please be advised that Weld County requests that you Provide a Written Cost Estimate on this form, and prepare to proceed with the work at the following location(s): Project Name: Project Description: ITEM ITEM DESCRIPTION UNIT EST.QTY UNIT COST TOTAL COST REMOVAL OR MAINTENANCE OF 202 EROSION LOGS(12 INCH)(10 FOOT) EACH 12 $10.00 $120.00 208 EROSION LOGS(12 INCH)(10 FOOT) EACH 12 $24.00 $288.00 212 SEEDING(NATIVE)(ROADWAY) ACRE 4 $225.00 $900.00 212 BROADCAST SEEDING(NATIVE) SQ.YD. 330 $0.90 $297.00 213 MULCH(STRAW WEED FREE)(1.5 ACRE 4 $225.00 $900.00 TONS/ACRE) 216 SOIL RETENTION BLANKET SQ. YD. 220 $1.10 $242.00 (STRAW/COCONUT) 626 MOBILIZATION(ITEM 202) EACH 4 $200.00 $800.00 626 MOBILIZATION(ITEM 208) EACH 1 $200.00 $200.00 626 MOBILIZATION(ITEMS 212 AND 213) EACH 3 $400.00 $1,200.00 626 MOBILIZATION(ITEM 216) EACH 1 $200.00 $200.00 630 TRAFFIC CONTROL EACH 4 $270.00 $1,080.00 TOTAL $6,107.00 ON CALL EROSION CONTROL & SEEDING SERVICES Work Order NO. ,5 cont'd This Work Order is not lump sum,Contractor will be reimbursed only for quantities placed and accepted. Contractor to notify Project Manger Don Dunker @(970-304-6496)x 3749 24 hours in advance of beginning work so that an inspector can be on site during placement. Contractor's Signature:f-a' t___ Date: Di_w Contractor's Probable Start Date: 11/15/10 Estimated time to complete_4 working days. Project Manager: /{.1)..„ t1/4Q O Date: /0 -,A/-/o MEMORANDUM (it Date: April 5, 2010 Wine To: Monica Mika, Director of Finance & Administration From: Wayne Howard, P.E., County Engineer COLORADO RE: Bid Request No. B1000075 Bids were received and opened on April 1, 2010 for 2010 On Call Services for Erosion Control and Revegetation. Six bids were received for the project and amounts ranged from $95,949.80 to $184,284.00 with the lowest bid submitted by All Cowboy Erosion Control, LLC of Ft. Lupton, Colorado. The low bid is within the 2010 estimated budget for On Call Services for Erosion Control and Revegetation; therefore, it is my recommendation to award the project to All Cowboy Erosion Control, LLC for a total amount of $95,949.80. This bid is limited to a maximum $50,000.00 limit per Work Order. Work is expected to begin in April 2010 and remain in effect for a calendar year. <//IQ /a0/0 020/0-014( WELD COUNTY PURCHASING t*ci 915 10TH St Room #334, Greeley CO 80631 E-Mail: mwaltersco.weld.co.us E-mail: reverett(cDco.weld.co.us Phone: (970) 356-4000, Ext. 4223 or 4222 WI l D c Fax: (970) 336-7226 COLORADO DATE OF BID: April 15t, 2010 REQUEST FOR: 2010 ON CALL SERVICES FOR EROSION CONTROL & REVEGETATION DEPARTMENT: Public Works Dept BID NO: #B1000075 PRESENT DATE: April 5`h, 2010 APPROVAL DATE: APRIL 19T", 2010 VENDOR TOTAL ALL COWBOY EROSION CONTROL LLC $ 95,949.80 18277 CR 22 FT LUPTON CO 80621 WESTERN STATES RECLAMATION INC $121,689.60 3756 IMPERIAL STREET FREDERICK CO 80516 NATIVE SEEDERS COMPANY $146,475.91 6324 LCR 1 WINDSOR CO 80550 DOWN TO EARTH COMPLIANCE $153,335.00 7845 E HARVARD AVENUE DENVER CO 80231 J3 ENVIRONMENTAL COMPANY $169,043.55 4833 OSPREY CIRCLE FREDERICK CO 80504 CUSTOM SERVICES OF COLORADO INC $184,284.00 796 ABRAM WAY LOVELAND CO 80537 ENGINEER'S ESTIMATE - $193,493.90 qpio719/O Ego0e)01 2010-0661 4• , $ $ $ $ 8 8 8 $ 8 8 8 8 8 8 $ $ 8 $ 8 8 8 8 8 s22s _ r .4 § � "s. 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