25-025_Youngfield_Street_Beautification_Specifications_-_Special_Provisions.pdf

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CDOT STANDARD SPECIFICATIONS

Section 210 – Reset Structures Section 503 – Drilled Shafts

Section 607 – Fences Section 614 – Traffic Control Devices Section 625 – Construction Surveying Section 626 – Mobilization Section 625 – Construction Surveying

CDOT PROJECT SPECIAL PROVISIONS

Section 240 – Protection of Migratory Birds……………………………………………………..

Section 412 – Portland Cement and Concrete Pavement……………………………………..

Force Account Items……………………………………………………………………………….

CITY PROJECT SPECIAL PROVISIONS

Section 101 – Definitions and Terms Section 102 – Bidding Requirements and Conditions Section 103 – Award and Execution of Contract Section 104 – Scope of Work Section 105 – Control of Work Section 106 – Control of Material Section 107 – Legal Relations and Responsibility to Public Section 108 – Prosecution and Progress Section 109 – Measurement and Payment Section 201 – Clearing and Grubbing Section 202 – Removal of Structures and Obstructions Section 203 – Excavation and Embankment Section 206 – Excavation and Backfill for Structures Section 207 – Topsoil Section 208 – Erosion Control Section 212 – Seeding, Fertilizing and Sodding Section 213 – Mulching Section 214 – Planting Section 216 – Soil Retention Covering Section 304 – Aggregate Base Course Section 401 – Plant Mix Pavements – General Section 403 – Hot Mix Asphalt Section 507 – Slope and Ditch Paving Section 602 – Reinforcing Steel Section 604 – Manholes, Inlets, and Meter Vaults Section 609 – Curb and Gutter Section 613 – Lighting Section 619 – Water Lines Section 623 – Irrigation System Section 630 – Construction Zone Traffic Control Section 715 – Lighting and Electrical Materials Section 720 – Materials Sampling and Testing

APPENDIX A

Section 101400 – Exterior Signage

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Revised 03/2023

CDOT STANDARD SPECIFICATIONS

All work required for the project shall be in accordance with the latest edition of the COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), Standard Specifications for Road and Bridge Construction, 2023 Edition, unless modified by these Specifications.

CDOT PROJECT SPECIAL PROVISIONS

The CDOT Standard Specifications and Standard Special Provisions are modified with the following CDOT Project Special Provisions.

REVISED 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 work.

MATERIALS AND CONSTRUCTION REQUIREMENTS

240.02 The Contractor shall schedule construction activity, including 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 or their nests protected by the Migratory Bird Treaty Act (MBTA). If construction activity is to occur between April 1 and August 31, then the following specifications must be followed and the Contractor shall retain a qualified wildlife biologist to determine where nest removal may occur or will be required during construction. 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 biologists’ 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. If all construction activities occur after August 31 and before April 1, then the requirements set forth in this specification are not required.

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 will 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 by the wildlife biologist within 50 feet of the work limits for active migratory bird nests.

Contractor personnel shall enter areas 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 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 any tree or 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.

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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 wildlife biologist. This buffer dimension may be changed if determined appropriate by the wildlife 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 Contractor shall conduct 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 conduct the work on structures during the primary birding season, April 1 through August 31, unless the Contractor takes the following actions:

1. The Contractor shall remove existing nests prior to April 1.

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, the nests shall be removed before they are completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters.

If an active nest becomes 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 Contractor’s 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. 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 full compensation for all work and materials required to complete the item, including wildlife biologist, wildlife survey, and documentation (record of nest location and protection method).

Clearing and grubbing will be measured and paid for in accordance with Section 201. Mowing will not be measured and paid for separately, but shall be included in the work. Removal and trimming of trees will be measured and paid for in accordance with Section 202.

Fence needed to protect migratory birds and nests will be measured and paid for in accordance with Section 607.

BASIS OF PAYMENT

240.04 The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule.

Pay Item Pay Unit Wildlife Biologist Hour Removal of Nests Hour

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REVISED SECTION 412

PORTLAND CEMENT

CONCRETE PAVEMENT

Section 412 of the CDOT Standard Specifications is hereby revised for this project as follows:

Refer to Geotech Report dated August 22, 2024 for recommended subgrade and concrete for stamped colored concrete.

See construction plans for integral color and stamp pattern. Pigments for integrally coloring concrete shall conform to the requirements of ASTM C979.

Add the following pay item:

Pay Item Pay Unit

Furnish and Install, Complete and in Place, Per Plans, Details, and Specifications Stamped Colored Concrete (Special)

SY

Force Account Items

Description

This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer.

Basis of Payment

Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item.

Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor.

Estimated

Force Account Item Estimated Quantity Amount

F/A Furnish and Install Electrical Service F.A. $ 10,000

F/A Furnish and Install Electrical Service – Xcel Energy to install new transformer and make final meter connections.

CITY SPECIAL PROVISIONS

The CDOT Standard Specifications, and Project Special Provisions are modified with the following City Special Provisions.

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Revised 12/2023

REVISION OF SECTION 101

DEFINITIONS AND TERMS

Section 101 of the CDOT Standard Specifications is hereby revised for this project as follows:

The following changes are made to Subsection 101.02:

Add the following definition:

Approved Equal. A product, component or process whose use in or on a particular project is specified as a standard for comparison purposes only. The "equal" product, component or process shall be the same or better than that named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. It is the responsibility of the supplier to provide all necessary information for determining equality.

Delete the definition for CDOT Resident Engineer and replace with the following:

Public Works Director. The Public Works Director for the City, or their duly authorized representative, is responsible for public works activities within the City. The Public Works Director is responsible for final decisions relating to Contractor claims for contract modification orders, additional compensation, or extensions of contract time. All references to “CDOT Resident Engineer” shall be replaced with “Public Works Director”.

In the definition for Contract, delete the first paragraph and replace with the following:

The written agreement between the City and the Contractor setting forth the obligations of the parties for the performance of the work and the basis of payment.

Delete the definition for Contractor and replace with the following:

Contractor. The individual, firm, or corporation contracting with the City for performance of prescribed work.

Delete the definition for Department and replace with the following:

Department. Department of Public Works. A department with the City.

Add the following definition:

Easement. The right to use a defined area of property for a specific purpose or purposes as set forth in a document which has been made a part of the Contract Documents.

Delete the definition for Engineer and replace with the following:

Engineer. The CIP Program Manager of the Department acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. For the purpose of these specifications, the Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or additional time. The Engineer or Director are the City representatives who may approve modifications to Contract documents or drawings.

Delete the definition for Holidays and replace with the following:

Holidays. Holidays recognized by the City are:

New Year’s Day Martin Luther King, Jr. Day (observed) Presidents’ Day Memorial Day Juneteenth Independence Day Labor Day

Veterans’ Day Thanksgiving Day Day after Thanksgiving Day Christmas Day

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When New Year’s Day, Juneteenth, Independence Day, Veterans’ Day or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday.

Additional legal holidays, when designated by the Governor or the President of the United States, may also be recognized by the City.

Add the following definitions:

Lump Sum. A method of payment providing for one all-inclusive cost for the work or for a particular portion of the work; including any incidental costs necessary to perform that item of work.

Notification of Award. A written notification of acceptance of the bid from the City to the successful bidder.

Delete the definition for Preconstruction Conference and replace with the following:

Pre-construction Conference. A meeting of City project personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful completion of the work are discussed.

Delete the definition for Project Engineer and replace with the following:

Project Engineer. The Engineer’s duly authorized representative who may be a City employee or an employee of a consulting engineer (consultant) under contract to the City as defined below:

(a) City Project Engineer. The City employee who is the Engineer’s duly authorized representative. The City Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract.

(b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant’s Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer’s duties are delegated by the Engineer in accordance with the scope of work in the consultant’s contract with the City. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders.

Delete the definition for Proposal Guaranty and replace with the following:

Bid Bond. The security required to be submitted with each proposal to guarantee that the bidder will enter into the Contract if the proposal is accepted. All references to “Proposal Guaranty” shall be replaced by “Bid Bond”.

Delete the definition for Region Transportation Director and replace with the following:

Region Transportation Director. All references to “Region Transportation Director” shall be replaced by “Public Works Director”.

Delete the definition for Right of Way and replace with the following:

Right of Way. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway, street, alley, or other access.

In the definition for Special Provisions, delete the 2nd sentence and replace with the following:

Special provisions fall within one of the three following categories and take precedence as specified in subsection 105.09:

In the definition for Special Provisions, add the following paragraph:

(c) City Special Provisions. Additions and revisions to the Standard and Supplemental Specifications specific to the City project.

In the definition for Specifications, delete (a) and replace with the following:

(a) Standard Specifications: The Colorado Department of Transportation’s book (including errata) titled Standard Specifications for Road and Bridge Construction. The book is divided into three parts namely:

Add the following definition:

Utility. Tracks, overhead or underground wires, pipelines, conduits, pipes, ducts, or structures, owned, operated or maintained in or across a public right-of-way or easement.

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In the definition for Workplace Violence, replace all references to CDOT with the City.

REVISION OF SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

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

In subsection 102.02, delete the first sentence and replace with the following:

The City will publish bidding opportunities to prospective bidders on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.rockymountainbidsystem.com (800-835-4603 option #2) and the City website at www.ci.wheatridge.co.us.

In subsection 102.02, delete the second paragraph and replace with the following:

All bidders on projects shall submit electronic bids only through BidNetdirect.com.

Delete subsection 102.04 and replace with the following:

102.04 Interpretation of Plans and Specifications. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that the Contract Documents are not definite and clear, the Bidder may make written inquiry regarding same to the City Procurement contact before the Deadline for Questions specified in the advertisement for bids.

Then, if in the judgment of the City, additional information or interpretation is necessary, such information will be supplied in the form of an addendum. Each addendum will be delivered where possible by posting to the City website and BidNet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. Oral instructions or information concerning the contract documents or the project given out by officers, employees, or agents of the City to prospective bidders shall not bind the City. If no request is made before the Deadline for Questions, Bidder waives right to any conflict in the Contract Documents.

Add subsections 102.11 – 102.12 as follows:

102.11 Bid Prices. Bidders must include, in their bid prices, the entire cost of each item of the work set forth in the proposal, and it is understood and agreed that there is included, in each lump sum or unit price bid, the entire cost of materials and labor incidental or necessary to the completion of that portion of the work covered, unless such work is expressly included in other lump sum or unit price bids in the proposal. Since the bid information cannot be guaranteed, the Contractor shall have assumed the risks attendant to successful performance of the work at the amount of the bid.

102.12 City Contract Laws. Section 2-3 (a) – (e) of the City's Code of Laws is presented below:

(a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31.

(b) Budget contains appropriations. The City council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein.

(c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon.

(d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of

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(e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract.

Section 2-4 of the City Code of Laws is presented below:

(a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding.

(b) The City council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado.

REVISION OF SECTION 103

AWARD AND EXECUTION OF CONTRACT

Section 103 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 103.01 shall include the following:

The City reserves the right to settle bid discrepancies that occur in the low Bidder's proposal at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low Bidder waives any claims against the City because of Bidder's mistakes in the Bid Proposal.

In subsection 103.02 change the time of award from 30 calendar days to 60 calendar days.

Subsection 103.04 shall include the following:

Failure to execute the Contract and file acceptable bonds within 15 days after the date of award shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the City.

As stated in subsection 103.02, the City will execute the contract award within 60 days of solicitation closing.

The City may elect to waive forfeiture of the bid bond only if it is determined that the bidder has made a good faith remedial error and that no damages were sustained by the City as a result of the failure by the successful bidder to execute the Contract and file acceptable bonds within the time prescribed. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under Contract or otherwise as the City may decide.

Add subsections 103.05 – 103.06 as follows:

103.05 Cancellation of Award. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without liability against the City.

103.06 Return of Bid Bonds. All bid bonds will be retained by the City. All proposal guaranties in the form of certified checks or cashier checks will be treated as follows:

For the three lowest Bidders, the bid bond will be held until the Contract is awarded to the successful bidder. Bid bond will then be returned to the other Bidders. The bid bond of the successful Bidder will be returned upon receipt of executed Contract and approved payment and performance bonds.

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REVISION OF SECTION 104

SCOPE OF WORK

Section 104 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 104.04 shall include the following:

Lane widths during construction shall not be less than 10 ft and a minimum clearance of two feet shall be maintained between traffic and the construction work zone.

The Contractor will not be permitted to have construction equipment or materials in the lane(s) open to traffic at any time unless permitted by the Engineer.

The Contractor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety, access, or the flow of traffic.

REVISION OF SECTION 105

CONTROL OF WORK

Section 105 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 105.02 (f) shall include the following:

1. All Contractors who construct public storm drainage systems, bike paths, sidewalks, streets, or other items within Public property to be maintained by the City shall submit an “As Constructed” set of construction drawings for approval as a part of the City’s acceptance process. The initial submittal shall be one set of “red-lined” marked up prints, which should be delivered to the Inspector. Written City acceptance of the final As Constructed plan is a condition for final acceptance and release of retainage.

As Constructed plans for construction of irrigation systems within public property to be maintained by the City shall be submitted per subsection 623.25.

2. All As Constructed information shall be red-lined and shown on the original construction drawings. The As Constructed drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than 1.0 foot should be shown dimensionally or through plus stations. Horizontal variations greater than 10.0 feet should also show the graphic relocation of the object. For construction of public storm drainage systems, vertical elevation variations greater than 0.1 feet shall be provided for all shown design elevations. For construction of all remaining project features, vertical elevation variations greater than 0.25 feet shall be provided for all shown design elevations.

3. The As Constructed Certificate (shown below) shall be signed and sealed by a Colorado professional engineer or professional land surveyor and shall appear on the cover sheet of the As Constructed plan set. All sheets included in the Contract Drawings set must be submitted in the final As Constructed plan set.

AS CONSTRUCTED CERTIFICATE

I hereby certify that the information shown on this as constructed drawing is an accurate and complete representation of data established from field information obtained under the direction of a Professional Engineer or Professional Land Surveyor, and that the physical dimensions or elevations shown are as-built information and the facility was constructed according to the approved plans, except as otherwise noted herein.

Name License #

Title Date

In subsection 105.03 delete and replace the first sentence of the seventh paragraph as follows:

Materials may be sampled and tested by the Department in accordance with the City’s Permit Testing and Inspection Requirements and CDOT's Field Materials Manual.

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Delete subsection 105.09 (a) and replace with the following:

(a) Special Provisions

1. City General Provisions

2. City Special Provisions

3. Project Special Provisions

4. Standard Special Provisions

Subsection 105.09 shall include the following:

Any discrepancy or error discovered in the Drawings, Specifications, or during field construction shall be immediately called to the attention of the Engineer through submission of a “Request for Information” (RFI) document. Only the Engineer may authorize a modification to the contract documents via written response to an RFI. Neither the Inspector nor Project Engineer may authorize alterations, in-field changes, or modifications to the project, whether orally or written, unless said change is so minor in nature that grades, horizontal geometry, detail, or the original purpose and intent of the drawings are not altered. Concurrence by the Inspector, Project Engineer, or any other City representative in the field or on the daily inspection report does not constitute approval of any element of the project.

The Contractor is solely responsible for constructing the project according to the contract documents.

Subsection 105.10 shall include the following:

Not furnishing a competent superintendence will be grounds for suspension of the Project until such superintendence is furnished by the Contractor. Contract time will continue in the event of a work suspension caused by lack of furnishing a project superintendence satisfactory to the City.

Subsection 105.16 shall include the following:

The Department will provide all inspection during construction. The Inspector will oversee the materials testing.

The Contractor shall keep the Inspector informed of future construction operations to facilitate scheduling of required inspections. The Contractor shall notify the Inspector 24 hours in advance of starting any construction operation that will require inspection. Failure of the Contractor to provide such notice shall relieve the City from any responsibility for extra costs or delays caused by such failure.

Inspection of the work or materials by the City or conversations made between the Contractor and the Inspector shall not relieve the Contractor of the obligation to fulfill the requirements of the Contract. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, not-withstanding that such work or materials have been previously inspected by the City or that payment thereof has been included in a progress estimate.

Inspection and acceptance of work pertaining to utilities not owned by the City shall be made by a representative of the owning utility. The Contractor shall obtain required permits and/ or licenses and notify & schedule an inspection by the owning utility prior to commencing any work so that a representative may be made available to approve the work to be performed.

Subsection 105.21 (a) shall include the following:

The one-year guarantee period for the portion or unit of the project partially accepted will not begin until completion of the entire project unless otherwise agreed to by the Engineer.

In subsection 105.22 change all references to “CDOT” to the “City” and remove all references to subsection 105.23.

Subsection 105.22 shall include the following:

In accordance with Section 2-4 of the City Code, as provided in subsection 102.13 of the City Special Provisions, the Contractor shall waive, release or extinguish its rights to recover costs or damages, or equitable adjustment, for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility. An extension of time for completion of the work shall be the Contractor’s remedy for such delay.

The Contractor shall not be entitled to additional monetary compensation for delays caused by the failure of a utility company or special district to relocate its facilities in timely manner. An extension of time for completion of the work shall be the Contractor’s remedy for such delay. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications.

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In subsection 105.22 (d) delete the last paragraph and replace with the following:

If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the Contractor may file a claim in accordance with subsection 105.24.

Delete subsection 105.23.

In subsection 105.24 change all references to “CDOT” to the “City” and remove all references to subsection 105.23.

In subsection 105.24 change the reference to “City and County of Denver” and replace with “Jefferson County”:

Add subsections 105.25 as follows:

105.25 Protection of Survey Markers. Survey markers shall be protected as follows:

(a) Permanent Survey Markers. Should the Contractor believe that a survey monument, control point, or benchmark will be disturbed by construction activities, the Contractor shall notify the Engineer not less than seven days prior to starting work in order that the Engineer may take necessary measures to insure the preservation of survey monuments, stakes, and benchmarks. The Contractor shall notify the Engineer and bear the expense of replacing any that may be disturbed without permission. Replacement shall be done by a Registered Land Surveyor at no expense to the City.

When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the monument cover or box shall be adjusted to the new grade.

(b) Lot Stakes. Unless otherwise directed by the Engineer or shown in the plans, the Contractor shall preserve existing survey stakes that mark property lines and corners. Any stakes that become lost or disturbed by his operations shall be replaced at the Contractor's expense by a registered land surveyor. Any lot corners marked on sidewalks that are designated for removal by the Contract Documents or the Engineer are not the responsibility of the Contractor for replacement.

REVISION OF SECTION 106

CONTROL OF MATERIAL

Section 106 of the CDOT Standard Specifications is hereby revised for this project as follows:

Delete subsection 106.01 and replace with the following:

106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality requirements of the Contract. The Contractor shall notify the Engineer of the proposed sources of materials at least two weeks prior to delivery.

When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre-construction Conference the material that will be furnished for that item.

In order to establish a basis of quality, certain processes, types of machinery and equipment, or kinds of materials may be specified either by description or process or by designating a manufacturer by name and referring to that brand or product designation, or by specifying a kind of material. It is not the intent of the specifications to exclude other processes, equipment or materials of equal value, utility or merit.

Whenever a process is designated, or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation, or description, whether in fact they do so or not.

If it is desirable to furnish items of equipment by manufacturers other than those specified, as a substitute after the contract is executed, the Contractor shall secure approval prior to placing a purchase order or furnishing the same.

If the proposal includes a list of equipment, materials, or articles for which the Contractor must name the manufacturer at the time of submission of the bid, no substitutions therefore will be permitted after a proposal has been accepted without the express consent of the Owner.

Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments.

Delete subsection 106.03 and replace with the following:

106.03 Samples, Test, Cited Specifications. Materials sampling and testing shall be performed at the expense of the Contractor. The Contractor shall employ an independent materials testing company to sample and test the materials or the finished product in accordance with the City Materials Testing Requirements, per Section 720 of the

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City Special Provisions. All materials sampling, testing and inspection shall be performed by certified field technicians who work under the supervision of a registered professional engineer in the State of Colorado practicing in this field.

Field technicians shall furnish copies of failed test results to the Engineer within two working days of completion and prior to the next phase of construction. On a weekly basis, the Contractor shall furnish the Engineer with copies of all test results taken that week and a cover letter, signed by the supervising registered professional engineer, which summarizes the results and addresses any failed tests or inconsistencies.

Unless otherwise designated, all specifications, standards or policies referenced in Section 720 shall be the latest edition as revised or updated by approved supplements published and issued prior to the date of the advertisement for bids.

Subsection 106.08 shall include the following:

The Contractor will not receive compensation for storage of topsoil or other materials generated on site that are stored either onsite or offsite for later disposal or inclusion into the Work.

REVISION OF SECTION 107

LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

Section 107 of the CDOT Standard Specifications is hereby revised for this project as follows:

Subsection 107.12 shall include the following:

Property pins, right-of-way markers and other survey corners shall remain undisturbed until a method of preserving or perpetuating such markers is approved by City. Should any such markers be disturbed, destroyed or removed without obtaining said approval, the Contractor shall be assessed for any costs incurred in resurveying, resetting, and registering said markers.

In subsection 107.15 change all references to “Department” and CDOT” to the “City”.

Subsection 107.15 shall include the following:

Certificates of Insurance shall be attached to the executed Contract Documents and shall become a part of the contract. These certificates shall include a provision that thirty days prior to insurance cancellation, written notice shall be given to the City.

Add subsection 107.18 as follows:

107.18 Contractor’s Responsibility During Warranty. The Contractor shall, at his sole expense and cost, remedy any defects in the work, and pay for any damage to other work resulting therefrom, which shall appear within a period of two years from the date of final acceptance of work unless a longer period is specified. The City will give notice of defects with reasonable promptness upon their discovery.

In subsection 107.25, change all references to “CDOT” to “City”.

In subsection 107.25 (b), change reference to Region Planning and Environmental Manager (RPEM) to “City Stormwater Coordinator (CSC)”.

REVISION OF SECTION 108

PROSECUTION AND PROGRESS

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

In subsection 108.01 delete the second sentence and replace with the following:

Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer.

In subsection 108.01 delete the sixth paragraph.

In subsection 108.02 delete the last sentence and replace with the following:

The Contractor shall commence work under the Contract within 14 calendar days of the date of the Notice to Proceed.

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In subsection 108.03 change all references to “CDOT” to “City”

Delete subsection 108.04 (a) and replace with the following:

(a) Initial Payment Schedule. At the time of the Preconstruction meeting, the Contractor shall submit to the City a schedule of partial progress payments. This schedule will show the percentage of Work anticipated to be completed and the date and dollar amount of each anticipated progress payment.

In subsection 108.04 (b) delete the second, third, fourth, and fifth paragraphs.

Subsection 108.05 shall include the following:

Working hours under this Contract shall be between 7:00 am and 5:00 pm. The Contractor shall not operate equipment before 7:00 am and shall schedule all work operations to be completed before 5:00 pm. Work after 5:00 pm will not be allowed except when required for circumstances beyond the Contractor’s control and when approved by the Engineer. Work between 5:00 pm and 6:00 pm on more than two consecutive working days will be charged as one-half working day. Work after 6:00 pm on any day will be charged as one-half working day.

Contractor operations in lanes open to traffic are not allowed between the hours of 6:30 am to 8:30 am and 3:30 pm to 6:30 pm, unless otherwise approved by the Engineer. These restrictions apply to temporary delays including ingress and egress of materials, etc.

Subsection 108.08 shall include the following:

An extension of time for completion of the work shall be the Contractor’s sole remedy for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility.

An extension of time for completion of the work shall be the Contractor’s remedy for delays in performing this contract caused by the failure of a utility company or special district to relocate its facilities in timely manner. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications and the City Special Provisions.

In subsection 108.09, change all references for “calendar days” to “working days”

In subsection 108.10, change all references to “CDOT” to “City”.

REVISION OF SECTION 109

MEASUREMENT AND PAYMENT

In the twenty ninth paragraph of subsection 109.01 change “Department” to “CDOT”.

Delete subsection 109.04 (f) and replace with the following:

(f) The Contractor’s representative and the Inspector shall, on a daily basis, agree in writing on the quantities of labor, equipment and materials used for work, extra work, and/ or force account work.

Subsection 109.04 (h) shall include the following:

Time extension for force account work shall be allowed only if a controlling operation or critical path item of the project is interrupted. Time extension requests shall meet the requirements of subsection 108.08. Force account items shall be completed in a workmanlike manner so as not to cause undue delays.

In subsection 109.06 (a) delete the second sentence and replace with the following:

The amount to be retained will be 5 percent of the value of the completed work including change orders and contingency.

Delete subsection 109.06 (b) and replace with the following:

(b) Securities are not acceptable to the City in lieu of standard amount retained.

In subsection 109.06 (f) remove all references to CDOT Form No. 205.

Delete subsection 109.06(h) and replace with the following:

(h) Monthly Reporting. On a monthly basis, the Contractor shall submit a monthly payment report to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate monthly payment report shall be grounds for the City to withhold subsequent payments or retainage from the Contractor.

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Add subsection 109.08 as follows:

109.08 Final Guarantee. All work shall be and is guaranteed by the Contractor for a specified period of one year from and after the date of written final acceptance of all work by the City, unless a longer period is specified. All other current applicable State statutes shall apply.

If within the guarantee period, non-emergency repairs, changes, or replacements are required in connection with guaranteed work which, as determined by the City, is rendered necessary as the result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract, the Contractor shall, within 14 calendar days from receipt of notice from the City, and without expense to the City:

(a) place in satisfactory condition, in every particular, all of such guaranteed work, correct all defects therein, or proceed with replacement of defective or unsatisfactory work where deemed necessary by the Engineer; and

(b) make good all damage to the building site, equipment or contents thereof which, in the opinion of the Engineer, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and

(c) make good any work or material disturbed, or the equipment and contents of any building or structure on the site, in fulfilling any such guarantee.

In the case of emergency repairs, changes or replacements, the Contractor shall promptly upon receipt of notice from the City and without expense to the City, perform the necessary actions to remediate the situation.

REVISION OF SECTION 201

CLEARING AND GRUBBING

Section 201 of the CDOT Standard Specifications is hereby revised for this project as follows:

In subsection 201.03, change the Area basis from “acres” to “square yards”.

In subsection 201.04, change all references to “acres” to “square yards”.

Subsection 201.03 shall include the following:

Trees with a diameter less than 4” or when removal of trees is not included as a separate pay item, shall be included in clearing and grubbing. Removal of remaining vegetation as required by the project shall be included in clearing and grubbing.

Basis of Payment: The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under:

Pay Item Pay Unit

Clearing and Grubbing SY

REVISION OF SECTION 202

REMOVAL OF STRUCTURES AND OBSTRUCTIONS

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

Subsection 202.02 shall include the following:

Areas within existing asphalt pavement that are designated for removal or patching shall be sawcut to the full depth of the asphalt or cut by a method approved by the Engineer which leaves a vertical face on the existing pavement and no deformation of the surface at the cut. Limits of cutting for patching shall be as directed by the Engineer.

All street cuts shall be in straight lines. Irregular shaped cuts with more than four (4) sides or cuts within existing patches shall not be allowed. Street cuts shall have no longitudinal joints within the wheel tracks.

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Irrigation lines to be abandoned shall be adequately capped at the point of abandonment to prevent leaks or blowouts of the line that is to remain.