22615_SpecialProvisions_02.pdf

Date

DateBy2nd contractor's firm or company name. (If joint venture.)

ByContractor's firm or company name

Title

Title

Sworn to before me this day of, 20

NOTE: This document must be signed in ink.

Notary Public

My commission expires

CDOT Form #606 1/02

COLORADO DEPARTMENT OF TRANSPORTATION

ANTI-COLLUSION AFFIDAVIT

PROJECT NO.

LOCATION

I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder.

2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project, and will not be so disclosed prior to bid opening.

2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm.

3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.

3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.

4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-petitive or other form of complementary bid.

5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project.

6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.

7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit.

8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract.

I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST

OF MY KNOWLEDGE.

Bidder: Project Name:

Bidder Contact: Subaccount #:

Bidder Phone: Bid Submission Date:

Bidder Email: DBE Contract Goal:

Preferred Contact Method: Region:

Commitment Amount

Eligible Participation

$0.00 Total Bid Amount

Total Eligible Participation Percentage #DIV/0!

Name Title Signature Date

CDOT Form # 1414 10/20

Total Eligible Participation

Bidder Signature

COMMITMENTS LISTED ON THIS FORM SHALL BE BINDING ON THE BIDDER UPON CONTRACT AWARD. IF THE DBE GOAL IS ZERO, DBE COMMITMENTS ARE OPTIONAL AND THE BIDDER IS NOT REQUIRED TO LIST ANY DBE COMMITMENTS ON THIS FORM. This section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you understand the following:

CDOT shall not award a contract (or provide its concurrence to award a Local Agency Project) until it has been determined that commitments are sufficient to meet the DBE contract goal or else good faith efforts have been made to meet the goal despite falling short. Once your bid has been submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of all good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been properly counted. Please review your project's DBE requirements for additional information and instructions on calculating eligible participation.

COLORADO DEPARTMENT OF TRANSPORTATION

ANTICIPATED DBE PARTICIPATION PLAN

DBE Commitments

DBE Firm Name Work to Be Performed

BRO P2C1-004

PCN 22615 8/15/24

COLORADO

DEPARTMENT OF TRANSPORTATION

SPECIAL PROVISIONS

HUERFANO COUNTY

HUERFANO RIVER BRIDGE REPLACEMENT

The CDOT 2023 Standard Specifications for Road and Bridge Construction controls constructions for this project.

The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans.

PROJECT SPECIAL PROVISIONS

Date Page Index Pages August 15, 2024 1-2 Notice to Bidders August 15, 2024 3 Commencement and Completion of Work (Floating Start Date) August 15, 2024 4 OJT Contract Goal August 15, 2024 5 DBE Contract Goal (Combined) August 15, 2024 6 Revision of Section 101 – Definitions and Terms August 15, 2024 7 Revision of Section 102 – Bidding Requirements and Conditions August 15, 2024 8 Revision of Section 102 – Project Plans and Other Data August 15, 2024 9 Revision of Section 108 – Prosecution and Progress August 15, 2024 10 Revision of Section 202 – Removal of Bridge August 15, 2024 11-15 Revision of Section 203 – Excavation and Embankment August 15, 2024 16 Revision of Section 208 – Water Control August 15, 2024 17-19 Section 240 – Protection of Migratory Birds Biological Work August 15, 2024 20-22

Performed by a Contractor Biologist Revision of Section 304 – Aggregate Base Course August 15, 2024 23 Force Account Items August 15, 2024 24 Traffic Control Plan - General August 15, 2024 25 Utilities August 15, 2024 26

STANDARD SPECIAL PROVISIONS

Name Date Pages

Revision of Section 101 – Definitions and Section 106 - Control of Materials (January 8, 2024) 2

Revision of Sections 101 and 106 – Buy America and Build America, (January 8, 2024) 9 Buy America Requirements for Projects Containing $500,000 or more in Federal-Aid Highway Funding

Revision of Section 105 – Control of Work (October 1, 2023) 1

Revision of Section 105 – Dispute Review Board and Claims for Unresolved Disputes (October 1, 2023) 9

Revision of Section 105 – E-Signature (January 8, 2024) 1

Revision of Sections 105, 106, 412, and 601 – PCCP Acceptance (January 8, 2024) 12

Revision of Section 107 – Water Quality Control (Under One Acre of Disturbance) (October 1, 2023) 9

Revision of Section 109 – Prompt Payment (Local Agency) (October 1, 2023) 2

Revision of Section 207 – Topsoil (October 1, 2023) 9

Revision of Section 208 – As-Constructed Survey (October 1, 2023) 3

Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2023) 25

Revision of Section 601 – Concrete Acceptance (April 9, 2024) 4

Affirmative Action Requirements Equal Employment Opportunity (October 1, 2023) 13

Certified Payroll Requirements for Construction Contracts (October 1, 2023) 1

Disadvantaged Business Enterprise (DBE) Requirements (October 1, 2023) 15

Minimum Wages, Colorado, (August 2, 2024) 5 U.S. Department of Labor General Decision Number CO20240010, Mod 3, Highway Construction for Baca, Bent, Costilla, Crowley, Huerfano, Kiowa, Las Animas, Otero, and Prowers counties.

On the Job Training (October 1, 2023) 6

Required Contract Provisions – Federal-Aid Construction Contracts (October 23, 2023) 15

NOTICE TO BIDDERS

The proposal guaranty shall be a certified check, cashier's check, or Bid bond in the amount of 5 percent of the Contractor's total Bid.

Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized Huerfano County representative. Prospective bidders shall contact the following listed authorized representative at least 12 hours in advance of the time they wish to go over the project.

County Administrator: Carl Young Office Phone: 719-738-3000, Ext 110 Email: cyoung@huerfano.us

Project Engineer: Ryan Sundberg Office Phone: 720-738-7930 Email: ryan.sundberg@kljeng.com

The above referenced individuals are the only representative of Huerfano County with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements.

A mandatory pre bid conference will be held on 08/29/2024 beginning at 11:00 A.M. MST at the Raymond Aguirre Community Center, in Gardner, CO and will review the project site. Bids will be accepted only from pre-qualified bidders who attend the mandatory pre-bid conference.

Bids will be accepted only from pre-qualified bidders who attend the mandatory pre-bid conference.

Questions received from bidders along with Huerfano County responses will be posted on the Rocky Mountain E- Purchasing System – BidNet Direct web site listed below as they become available.

Rocky Mountain E-Purchasing System – BidNet Direct: https://www.bidnetdirect.com/colorado/

If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will direct the bidder to contact the County Administrator directly to address the question or clarification. The County Administrator will keep the bidder’s innovation confidential and will not share this information with other bidders.

The County Administrator will determine whether questions are innovative or proprietary in nature. If the County Administrator determines that a question does not warrant confidentiality, the bidder may withdraw the question.

If the bidder withdraws the question, the County Administrator will not answer the question, and the question will not be documented on the Rocky Mountain E-Purchasing System – BidNet Direct web site. If the bidder does not withdraw the question, the question will be answered, and both the question and Huerfano County answer will be posted on the web site. If the County Administrator agrees that a question warrants confidentiality, the County Administrator will answer the question, and keep both question and answer confidential. Huerfano County will keep a record of both question and answer in their confidential file.

All questions shall be directed to the Huerfano County contacts listed above no later than 4:00 P.M. Thursday September 12th, 2024. Final questions and answers will be posted no later than Tuesday morning of bid opening week.

Questions and answers shall be used for reference only and shall not be considered part of the Contract.

https://www.bidnetdirect.com/colorado/

COMMENCEMENT AND COMPLETION OF WORK

(FLOATING START DATE)

The Contractor shall select the date that contract time begins for this project, subject to the following conditions:

(a) The earliest date shall be January 1, 2025

(b) The latest date shall be March 17, 2025

(c) The Contractor shall notify the Engineer, in writing, at least 30 days before the proposed beginning date. If the earlier date, as stated above, follows the award date by less than 30 days, the Contractor's written notice to the Engineer shall be at least l0 days before the proposed beginning date.

(d) The date that contract time begins shall be subject to the Region Transportation Director's approval. A different date may be authorized in writing by the Chief Engineer in the "Notice to Proceed."

The Contractor shall complete all work within 120 calendar days in accordance with the "Notice to Proceed."

If materials stockpiling begins before the beginning date, contract time will not be charged for the stockpiling effort. Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such approval is given, stockpiled material will be paid for in accordance with Sections l09 and 626.

ON THE JOB TRAINING CONTRACT GOAL

On the Job Training shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for On the Job Trainees working in an approved training plan in this Contract has been established as follows:

Minimum number of total On the Job Training required 0 hours.

DISADVATAGE BUISSINESS ENTERPRISE (DBE) CONTRACT GOAL

This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision, the bidder shall make good faith efforts to meet the following contract goal:

0 Percent DBE participation.

REVISION OF SECTION 101

DEFINITIONS AND TERMS

Section 101 of the Standard Specifications is hereby revised to include the following:

Subsection 101.02 where a reference is made to:

CDOT, CDOT Resident Engineer, Department, Engineer, Project Engineer, or Region Transportation Director it shall mean the Huerfano County or their authorized representative.

Reference to prequalified bidders, manuals, forms, publications, or web site shall still pertain to the Colorado Department of Transportation. When reference is made to the Region or Central Lab (CL) it shall mean an accredited lab approved by the Engineer.

REVISION OF SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

Section 102 of the Standard Specifications is hereby revised for this project as follows:

Delete subsection 102.02 and replace with the following:

Huerfano County will publish bidding opportunities to prospective bidders on:

Rocky Mountain E-Purchasing System – BidNet Direct: https://www.bidnetdirect.com/colorado/

The forms on the website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or material to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals.

The plans, specifications, and other documents designated in the proposal form, will be considered a part of the proposal.

Subsection 102.04, 1st paragraph, delete the 1st sentence, and replace with the following:

Any changes to the proposal forms, plans, or specifications prior to the opening of proposals will be issued by the Huerfano County through posting on:

Rocky Mountain E-Purchasing System – BidNet Direct: https://www.bidnetdirect.com/colorado/

REVISION OF SECTION 102

PROJECT PLANS AND OTHER DATA

Revise Section 102 of the Standard Specifications for this project as follows:

Subsection 102.05 shall include the following:

Supplemental data is provided in Land XML and DGN file formats. Instructions for downloading the supplemental data is posted on BidNet. The supplemental data transmitted consists of:

(a) Project Alignments

(1) LandXML file generated of all Proposed Geometry

(b) Surfaces – LandXML files of the following:

(1) Existing Terrain Model

(1) Finished Grade Terrain Model

(c) DGN files:

(1) 3D Components of the Project Design Model

(2) Additional files include – Discipline Design Files

(3) Other Files – As needed per project

Huerfano County does not warrant the supplemental data and this information is not considered to be a part of the Contract. If bidders use or modify the supplemental data in preparing a proposal or planning and prosecuting the work, all associated data is used at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the original or modified supplemental data.

After the proposals have been opened, the low responsible bidder may obtain an electronic sets of plans and special provisions from the Huerfano County here:

Rocky Mountain E-Purchasing System – BidNet Direct: https://www.bidnetdirect.com/colorado/

REVISION OF SECTION 108

PROSECUTION AND PROGRESS

Section 108 of the Standard Specifications is hereby revised for this project as follows:

Subsection 108.03 shall include the following:

The Contractor’s progress schedule shall be a Critical Path Method schedule.

Salient features to be shown on the Contractor’s progress schedule include, but are not limited to:

(1) Submittals

(2) Project phasing

(3) Mobilization

(4) Erosion control

(5) Excavation

(6) Stream diversion

(7) Concrete box culvert and wingwalls

(8) Place backfill

(9) Aggregate base coarse

(10) Guardrail

(11) Signing and striping

(12) Seeding

(13) Punch list

(14) Closeout

Subsection 108.05 shall include the following:

Schedule Requirements:

a) New Mexico Meadow Jumping Mouse (NMMJM). May 15 to October 15 work limited to daylight hours to avoid disrupting NMMJM’s nocturnal activities.

b) Southwestern Willow Flycatcher (SWFL). Conduct all vegetation clearing and construction before May 1 or after September 15 (outside of the migrating season), as determined in coordination with the Service (Wildlife) Biologist.

c) Migratory Birds. See Section 240 and its revisions for the requirements for migratory birds. This includes clearing and grubbing date requirements.

REVISION OF SECTION 202

REMOVAL OF BRIDGE

Section 202 of the Standard Specifications is hereby revised for this project as follows:

Section 202 of the Standard Specifications is hereby revised for this project as follows:

Subsection 202.01 shall include the following:

This work consists of removal of the existing bridge at Huerfano County Road 543 over the Huerfano River.

Bridge removal shall consist of the complete removal of all superstructure and substructure elements unless otherwise shown on the plans.

Subsection 202.02 shall include the following:

The removal of the existing bridge shall be performed in a safe manner. The Construction Plan requirements (1) through (11) shown in Revision of Section 107-Performance of Safety Critical Work shall be included in the Bridge Removal Plan.

When removal operations are located over or in proximity to a railroad or any live water way, additional coordination including potential incident emergency/risk management notifications with the railroad or other agency (United States Army Corps of Engineers (USACE), US Fish and Wildlife Service, US Forest Service, etc.) shall be required.

The Contractor shall submit a Bridge Removal Plan to the Engineer for review and acceptance at least 20 working days prior to the proposed start of removal operations. This Plan shall detail procedures, sequences, and all features required to perform the removal in a safe and controlled manner. The Bridge Removal Plan shall be prepared by the Contractor’s Engineer and contain the seal and signature of a Professional Engineer registered in the State of Colorado. The Bridge Removal Plan shall be stamped “Approved for Construction” and signed by the Contractor. The Bridge Removal Plan will be submitted to Huerfano County for review concurrent with the Engineer’s review for general specification compliance but will not be approved by the Engineer. Comments from the Engineer’s review of the Bridge Removal Plan shall be submitted in writing to the Contractor within seven calendar days from receipt of the plan and prior to the Pre-removal Conference. Acceptance of the Bridge Removal Plan will be contingent upon the Contractor adequately addressing all written comments provided by the Engineer.

The Bridge Removal Plan shall provide complete details of the bridge removal process, including:

(1) The removal sequence corresponding to the construction phasing shown on the plans, including calculations and analysis of the Contractor’s removal equipment as related to loading capacity and any crane bearing during the removal operations. Sequence of operation shall include a detailed schedule that complies with the working hour limitations.

(2) Equipment descriptions including size, number, type, capacity, backup/standby need, and location of equipment during removal operations.

(3) Roles, responsibilities, and positioning of all Huerfano County project management, construction supervision, and critical workers during removal activities. This section shall include instructions for communicating and managing a ‘safe-all-stop’ scenario if unexpected hazards are discovered during the activity.

REMOVAL OF BRIDGE

Shoring that exceeds 5 feet in height, all falsework and bracing. Shoring design shall follow the AASHTO Guide Design Specifications for Bridge Temporary Works, or other design standard as approved by the Engineer.

Shoring construction, including verification and proof testing shall be in accordance with Section 206. Shoring will not be measured and paid for separately, but shall be included

(4) in the cost of item 202 – Removal of Bridge, unless otherwise provided on the plans or as directed by the

Engineer.

(5) Details, locations, and types of protective coverings to be used. The protective covering shall prevent materials, equipment, and debris from falling onto the property below. When removal operations are located over or in proximity to a live waterway, railroad, or pedestrian/bicycle path, additional width of protective covering sufficient to protect these facilities shall be required. Detailed methods for protection of the existing roadway facilities, including measures to assure that people, property, utilities, and improvements will not be endangered. Catastrophic unplanned failure of the structure in demolition is to be considered as worst-case scenario.

(6) Detailed methods for protection of live waterways including minimization of turbidity and sedimentation, and protection of existing wetlands.

(7) Detailed methods for mitigation of fugitive dust resulting from the demolition.

(8) Details for dismantling, removing, loading, and hauling steel elements.

(9) Locations of railroad tracks, roadways, utilities (overhead and underground), structures or facilities located within the area of the bridge removal operations.

(10) Detailed methods of fire suppression.

(11) Methods of Handling Traffic, including bicycles and pedestrians, in a safe and controlled manner.

(12) Details for managing project communications, media, and public on-looking during demolition as needed.

(13) Contingency planning for unexpected weather.

(14) Details for emergency and post-incident management in a catastrophic failure or other serious incident or worker injury.

The Contractor’s Engineer shall be responsible for the stability of the existing “in service” structure for any deviation from the bridge removal limits shown on the construction phasing plans. The Contractor is also responsible for the protection of any portion of the structure to remain in place for later phases, including protection from the Contractor’s construction activities.

When a temporary works or demolition guideline is provided by a railroad or local agency, the more stringent criteria of the design guidelines shall be used.

REMOVAL OF BRIDGE

A Pre-removal Conference shall be held at least seven days prior to the beginning of removal of the bridge. The Engineer, Staff Bridge, the Contractor, the removal subcontractor, the Contractor’s Engineer, the Traffic Control Supervisor (TCS), and CDOT/Project Communications Staff shall attend the Pre-removal Conference. The Bridge Removal Plan shall be finalized at this Conference. Meeting minutes and attendance list will be recorded.

The Contractor’s Engineer shall sign and seal items (1) and (3) listed above in the final Bridge Removal Plan.

Calculations shall be adequate to demonstrate that the loads and impact of the Contractor’s demolition equipment do not impose detrimental effects on the stability of the structure remaining after the end of each phase of removal, before traffic is allowed to resume in its normal configuration.

The final Bridge Removal Plan shall be stamped “Approved for Construction” and signed and sealed by the Contractor’s Engineer. The Contractor shall address all written comments from the Engineer and submit a final Bridge Removal Plan to the Engineer. The Contractor shall not begin the removal operations without the Engineer’s written acceptance of the final Bridge Removal Plan.

Submittal of the final Bridge Removal Plan to the Engineer, and field inspection performed by the Engineer, will in no way relieve the Contractor and the Contractor’s Engineer of full responsibility for the removal plan and procedures.

Work within Railroad right-of-way shall be in accordance with Section 107. For bridge removal over railroads, including overhead wires, tunnels and underground facilities, approval of the bridge removal plans will be contingent upon the drawings being satisfactory to the railroad company involved.

The Contractor’s Engineer shall be onsite during safety critical removal operations considered to have a high degree of safety risk. Bridge removal operations determined to be of high safety risk shall be agreed upon and documented between the Contractor and Engineer at or before the Pre-removal Conference. The Contractor’s Engineer shall inspect and provide written approval of each phase of the removal operations corresponding to the construction phasing shown on the plans prior to allowing vehicles or pedestrians on, below, or adjacent to the structure. The Contractor’s Engineer shall certify in writing that the falsework, bracing, and shoring conform to the details of the final Bridge Removal Plan. A copy of the certification shall be submitted to the Engineer.

Should any part of the adjacent structure designated to remain in place be damaged during removal operations, the Contractor’s Engineer shall perform a full and complete engineering evaluation of the structure and submit a written report to the Engineer. This evaluation, as well as any additional costs to stabilize the structure due to or resulting from the Contractor’s actions or inactions, shall be borne solely by the Contractor. Further work involving the bridge shall not be permitted until the report and any subsequent remedial stability measures are complete and satisfactory to the Engineer and Staff Bridge.

The Contractor shall have all necessary workers, materials, and equipment at the site prior to closing any lanes to traffic to accommodate bridge removal operations. While the lanes are closed to public traffic, work shall be pursued promptly and without interruption until the roadway is reopened to traffic.

Removal of hazardous material shall be in accordance with Section 250.

The Contractor shall take all necessary steps to avoid contaminating state waters, in accordance with subsection 107.25.

REMOVAL OF BRIDGE

Should an unplanned event occur or the bridge removal operation deviate from the submitted Bridge Removal Plan, the bridge removal operations shall immediately cease after performing any work necessary to ensure worksite safety. The Contractor shall submit to the Engineer the procedure or operation proposed by the Contractor’s Engineer to correct or remedy the occurrence of this unplanned event or to revise the final Bridge Removal Plan. The Contractor’s Engineer shall submit a written report to the Engineer within 24 hours of the event summarizing the details of the event and the procedure for correction. The Engineer shall review the information submitted regarding the unplanned event and provide written acceptance of the corrective action or remedy procedure prior to resuming operations.

Before removal of the protective covering, the Contractor shall clean the protective covering of all debris and fine material.

Bridge removal may be suspended by the Engineer for the following reasons:

(1) Final Bridge Removal Plan has not been submitted, or written acceptance has not been provided by the

Engineer to begin the removal.

(2) The Contractor is not proceeding in accordance with the final Bridge Removal Plan, procedures, or sequence.

(3) The Contractor’s Engineer is not onsite to conduct inspection for the written approval of the work.

(4) Safety precautions are deemed to be inadequate.

(5) Existing neighboring facilities are damaged as a result of bridge removal.

Suspension of bridge removal operations shall in no way relieve the Contractor of their responsibility under the terms of the Contract. Bridge removal operations shall not resume until modifications have been made to correct the conditions that resulted in the suspension, as approved in writing by the Engineer.

The Contractor shall notify all emergency response agencies of the proposed removal work and any detours a minimum of three days in advance of the work. This shall include the Colorado State Patrol, local Police Department, local Fire Department, all local ambulance services, and the Sheriff’s Department, as appropriate.

All required traffic control devices, night time flagging stations, barricades and VMS signs shall be in place, with detours in operation, prior to the beginning of removal operations each day. Night work shall conform to the requirements of the MUTCD, Parts 1, 5, and 6.

Prior to reopening the roadway to public traffic, all debris, protective pads, materials, and devices shall be removed and the roadways swept clean.

Explosives shall not be used for removal work without the written approval of the Engineer.

Removal shall include the superstructure, the substructure, which includes the piers, abutments and wingwalls, the bridge rail, and any approach slabs and sleeper slabs.

REMOVAL OF BRIDGE

Removal of the substructure shall be taken down to at least 1 foot below the natural existing or future ground surface at the lowest point of interface with the abutment, unless otherwise approved by the Engineer. Holes resulting from substructure removal shall be backfilled with Structure Backfill (Class 2) to the adjacent existing grades.

The Huerfano River Bridge over the Huerfano River shall remain the property of the Contractor, and shall be disposed of outside project limits. All other materials removed from the existing structure shall become the property of the Contractor and shall be properly disposed of offsite at the Contractor’s expense, unless otherwise stated on the plans.

Existing structures, facilities, and surrounding roadways shall not be damaged by the removal operations.

Damage that occurs shall be repaired immediately at the Contractor’s expense.

Subsection 202.12 shall include the following:

Payment will be made under:

Pay Item Unit Removal of Bridge Each

Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, Engineering work, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non-salvable materials.

Lighting required for nighttime operations will not be measured and paid for separately, but shall be included in the work.

REVISION OF SECTION 203

EMBANKMENT MATERIAL

Revise Section 203 of the Standard Specifications for this project as follows:

Subsection 203.03, first paragraph, shall include the following:

Embankment material shall meet the following requirements for Atterberg limits and gradation:

(1) Maximum liquid limit of 30

(2) Maximum plasticity index of 5

(3) A maximum of 25 percentage of material by dry weight passing the No. 200 sieve.

The upper 2 feet of embankment material below the subgrade elevation shall meet the following requirements for Atterberg limits and gradation:

(1) Maximum liquid limit of 30

(2) Maximum plasticity index of 5

(3) A maximum of 25 percentage of material by dry weight passing the No. 200 sieve.

REVISION OF SECTION 208

WATER CONTROL

Section 208 of the Standard Specification is hereby revised for this project to include the following: The work consists of controlling instream flows during construction, including minimizing sediment entrainment and turbidity of stream flows originating from construction activity.

SUBMITTALS

In addition to the project Stormwater Management Plan (SWMP), the Contractor shall submit a separate water and sediment control plan. The water and sediment control plan shall include location, height, and type of construction materials and Best Management Practices (BMPs) for placement and removal of coffer dams consistent with the constraints listed in the Commencement and Completion of Work and Persecution and Progress.

PRODUCTS

Instream construction access, dams, or diversions shall be allowed for channel grading, demolition of the existing substructure only and construction of the concrete box culvert. The size of dams, berms, dikes, and diversion channels shall be minimized and shall not extend into the channel more than 10 feet beyond the edge of existing wingwalls. At no time shall instream construction access, dams, or diversions be in place on both sides of the Huerfano River at the same time. Instream construction access, dams, or diversions shall be constructed with clean material (e.g., barrier, clean rock, sheet piling, plastic sheeting, or sandbags) to protect water quality. Onsite materials within the limits of construction may also be used to construct temporary dams and berms as long as appropriate sediment control is achieved and maintained. The Contractor may be required by the Engineer, at no additional cost to the Owner, to provide additional protection of water control facilities, if in the opinion of the Engineer, existing control appears inadequate or is not in conformance with the sediment or water control plan.

Water containing elevated levels of sediments generated from the work area shall be treated prior to discharge from the site using filtering mechanisms as approved by the Engineer. In no instance shall any dams, berms, dikes, or diversion channels be left unprotected.

EXECUTION

The Huerfano River and associated wetlands are Waters of the US under the jurisdiction and regulation of the US Army Corps of Engineers. If there are any impacts beyond those shown on the plans and as authorized under the project’s Nationwide 404 Permit, the Project Engineer shall be contacted immediately, and all work shall stop.

The Contractor is responsible for the stability of all work elements, temporary and permanent, for all phases of the project, and for all flow conditions. All Contractor activities must be constructed to withstand high flows and must not restrict or impede the passage of flows. All permits shall be onsite during construction. The Contractor and all workers and equipment operators associated with river operations shall be familiar with all the conditions (Regional, General and Special Requirements) of the 404 permit, CDPS permit, and dewatering permit.

Construction shall be conducted as not to impede movement of aquatic species. Fish passage shall be provided.

The contractor shall install protective netting or screening over water intake devices or other equipment to prevent fish of all life stages from being entrained, killed, or harmed. During all phases, the Contractor must not restrict flows and must maintain a natural streambed to include features (i.e., baffles) to allow for fish passage, including passage through temporary pipe diversions. The streambed and banks shall be protected during all phases of construction and project operations and restored according to plans. The final grade of the streambed shall have a natural streambed and include features for fish passage. Cost to protect and restore the river shall not be paid for separately but shall be included in the cost of the work. Any work in the river shall follow all applicable federal and state permits, including local requirements and regulations.

GENERAL

For all excavation, the Contractor shall provide suitable equipment and labor to remove water and shall keep the excavation properly dewatered so the work can be carried on under dewatered conditions where required by the Contract Drawings and Specifications. Water and sediment control shall be accomplished in such a way that no damage is done to the adjacent banks.

LOW FLOWS

Temporary access to the river consisting of berms is allowed as an aid to controlling water in work areas. The design, placement and safety of the temporary access are entirely the Contractor’s responsibility.

During in-stream work, flows must be maintained to allow for movement of aquatic species.

All excavations made as part of dewatering operations shall be backfilled with native fill or filter bedding material and compacted to 95 percent of maximum density (AASHTO T-99). Areas excavated for the purpose of substructure demolition shall be backfilled as shown on the plans.

STORM FLOWS

The Contractor shall conduct operations in such a manner that storm waters may proceed uninterrupted along their drainage courses. The Contractor shall investigate the risk arising from such waters and plan the work accordingly. Contractor’s operations shall not restrict any flows or cause any backwater conditions. Any damage done during storm flows to temporary, existing, completed or partially completed structures or resulting from the Contractors operation shall be repaired at the Contractors expense.

SEDIMENT CONTROL

The Contractor shall minimize sediment entrainment within the river and diversion pipes and shall minimize downstream turbidity in the river beyond the approved channel grading and associated construction activities using protected control structures or BMPs. Such protection shall be maintained throughout the duration of use during the project and consist of, but not necessarily be limited to, geotextile fabrics, riprap, and conduits.

HAZARDOUS MATERIALS

In no instance shall oil or other hazardous materials be allowed to enter any flowing or contained water in or adjacent to the project site or adjacent wetlands. No hazardous materials shall be stored in the river channel at any time.

Equipment and gear that were previously used in another stream, river, lake, pond or wetland, and that are to be used in or near the water on this project, shall be treated to prevent the spread of aquatic invasive species the species include, but are not limited to:

(1) New Zealand Mud Snail

(2) Zebra Mussels

(3) Quagga Mussels

(4) Whirling Disease

INVASIVE SPECIES

Equipment shall be treated including all parts of machinery and vehicles of all types and sizes that come into contact with live water. Gear that must be treated including boots, waders, tools, and all other materials an attire used previously in live water. The Contractor shall use on of the following treatments:

(1) Remove all mud and debris form equipment (tracks, turrets, buckets, drags, teeth, etc.) Then spray/soak equipment with a 1:15 solution of Quat 4 or Super HDQ Neutral insitutional cleaner and water. Treated equipment should be kept moist for at least 10 minutes.

(2) Remove all mud and debris from equipment as above, then spray or soak equipment and gear with water heated to a temperature greater than 140 degrees Fahrenheit for at least 10 minutes.

Prior to moving such equipment onto the project site, the Contractor shall submit to the Engineer a written list of equipment treated and a signed certification that it was treated using one of the two methods specified above.

MATERIAL AND EQUIPMENT STORAGE

The Contractor is responsible for all material and equipment maintenance and storage at the project site. At no time shall any equipment or material be stored in the river channel or in adjacent wetlands unless approved by the Engineer. All material not installed and all equipment other than pumps to maintain water control shall be removed the channel and stored no closer than 25 feet from the top of the banks at the end of each workday unless approved by the Engineer.

MEASUREMENT AND PAYMENT

Subsection 208.12 shall include the following:

Payment will be made under:

Pay Item Pay Unit Water Control Lump Sum

Payment will be full compensation for all work necessary to complete the temporary access into the river, including all measures implemented to protect completed work, protect and restore the river bed, and minimize sediment entrainment in the river within the project limits, and minimize turbidity in the river beyond the project limits, including but not limited to temporary shoring (if required), diversion berms (earthen, sheet pile or pipes), earthwork, geotextile fabrics, riprap, dewatering wells, pumps, associated grading, revegetation, and all work associated with the river banks protection and cleanup. Payment under this item includes multiple mobilizations if deemed necessary based on the Contractor’s construction schedule.

SECTION 240

PROTECTION OF MIGRATORY BIRDS

BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST

Section 240 is hereby added to the Standard Specifications for this project as follows:

DESCRIPTION

240.01 This work consists of protecting migratory birds during construction.

MATERIALS AND CONSTRUCTION REQUIREMENTS

240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking (pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall retain a qualified wildlife biologist for this project. The wildlife biologist shall have a minimum of three years experience conducting migratory bird surveys and implementing the requirements of the MBTA. The Contractor shall submit documentation of the biologist's education and experience to the Engineer for acceptance. A biologist with less experience may be used by the Contractor subject to the approval of the Engineer based on review of the biologist's qualifications.

The wildlife biologist shall record the location of each protected nest, bird species, the protection method used, and the date installed. A copy of these records shall be submitted to the Engineer.

(a) Vegetation Removal. When possible, vegetation shall be cleared prior to the time when active nests are present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 shall first be surveyed within the work limits for active migratory bird nests. The Contractor's wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work limits.

Contractor personnel shall enter areas outside CDOT right of way only if a written, signed document granting permission to enter the property has been obtained from the property owner. The Contractor shall document all denials of permission to enter property. The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the biologist until all nests within that area have become inactive. Inactive nest removal and other necessary measures shall be incorporated into the work as follows:

1. Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August 31, a survey for active nests shall be conducted by the wildlife biologist within the seven days immediately prior to the beginning of work in each area of tree and shrub removal or trimming. The survey shall be conducted for each phase of tree and shrub removal or trimming.

If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension may be changed if determined appropriate by the wildlife biologist and approved by the Engineer. Work shall not proceed within the fenced buffer area until the young have fledged or the nests have become inactive.

If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges, but will be charged as contract time.

2. Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds’ habitat, if work occurs between April 1 and August 31, the area shall be surveyed by a wildlife biologist within the seven days immediately prior to ground disturbing activities.

The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing until August 31 or until the end of ground disturbance work, whichever comes first.

If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests have become inactive.

If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges, but will be charged as contract time.

(b) Work on structures. The wildlife biologist shall conduct dusk and dawn surveys of Bald Eagle roosts within seven days prior to the start of any construction during the winter season, November 15 to March 15. If a Bald Eagle roost is identified, construction activity shall not proceed within 0.25 mile of active nocturnal roost sites between November 15 and March 15.

The Contractor shall prosecute work on structures in a manner that does not result in a taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he takes the following actions:

(1) The Contractor shall remove existing nests prior to April 1. If the Contract is not awarded prior to April 1 and CDOT has removed existing nests, then the monitoring of nest building shall become the Contractor’s responsibility upon Notice to Proceed.

(2) During the time that the birds are trying to build or occupy their nests, between April 1 and August 31, the Contractor shall monitor the structures at least once every three days for any nesting activity.

(3) If the birds have started to build any nests, they shall be removed before the nest is completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters.

(4) Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired or replaced as needed. Netting shall consist of a mesh with openings that are ¾ inch by ¾ inch or less.

If an active nest become established, i.e., there are eggs or young in the nest, all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied as determined by the wildlife biologist and approved by the Engineer. The Contractor shall prevent construction activity from displacing birds after they have laid their eggs and before the young have fledged.

If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, the Contractor shall remove and properly dispose of netting used on the structure.

(c) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for the taking of a migratory bird.

METHOD OF MEASUREMENT

240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife biologist is on site performing the required tasks.

Removal of nests will be measured by the actual number of man-hours spent removing inactive nests just prior to and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to the Engineer each week for approval a list of the workers who removed nests and the number of hours each one spent removing nests.

Netting will…