A002.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

E-1

CO FLAP 36(1)

Downtown Estes Park Loop

SPECIAL CONTRACT REQUIREMENTS

The following Special Contract Requirements amend and supplement the Standard Specifications for

Construction of Roads and Bridges, on Federal Highway Projects (FP-14), U.S. Department of

Transportation, Federal Highway Administration.

Amendment A002

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Downtown Estes Park Loop

Section 101. – TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms. Add the following:

EEBACS — Engineer’s Estimating, Bidding, Award, and Construction System

GSA – General Services Administration

(b) US Customary abbreviations and symbols. Delete the text and substitute the following:

ºF — degrees Fahrenheit temperature

A — ampere electric current

ac. — acre area

BTU — British Thermal Unit energy

cu. in. or in3 — cubic inches volume

cu. ft., cf, ft3 or CUFT — cubic feet volume

cu. yd., cy, yd3 or CUYD — cubic yards volume

D — day time deg. or º — degree plane angle

Fc — foot-candles luminous intensity

fl. oz. — fluid ounces volume

ft. or ' — foot or feet length gal. or GAL — gallon volume

H — Henry inductance

hr. or HR — hour time

Hz — hertz (s-1) frequency

in. or " inch or inches length

K — kelvin temperature lb or LB, lbs — pound, pounds mass

Lbf — pound-force force lnft or LNFT linear foot length

mi. — miles length min. or m — minute time min. or ' — minute plane angle

oz. — ounces mass

Psi — pounds/square inch pressure

Q — cubic feet/second flow rate sec. or s — second time sec. or " — second plane angle

sq. in. or in2 — square inches area

sq. ft., sf, ft2 or SQFT — square feet area

sq. yd., sy, yd2 or SQYD — square yards area

T — short ton (2000 lbs) mass

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V — volt (W/A) electric potential

W — watt (J/s) power yd or YD — yard or yards length

Ω — ohm V/A electric resistance

(c) Metric unit abbreviations and symbols. Delete the text and substitute the following:

A — ampere electric current

Cd — candella luminous intensity oC — degree Celsius temperature

D — day time deg. or º — degree plane angle g or gram — gram mass

H — Henry inductance

Ha — hectare area

hr. or HR — hour time

Hz — hertz (s-1) frequency

J — Joule (N.m) energy

K — kelvin temperature

Kg — kilogram mass

L — liter volume

Lx — lux illuminance

M — meter length mm — millimeter length m2 — meter squared area m3 — cubic meter volume min. or m — minute time min. or ' — minute plane angle

N — Newton (kg.m/s2) force

Pa — Pascal (N/m2) pressure sec. or s — second time sec. or " — second plane angle

T — metric ton Mass

V — volt (W/A) electric potential

W — watt (J/s) Power

Ω — ohm V/A electric resistance

101.04 Definitions.

Add the following:

EEBACS — Engineer’s Estimating, Bidding, Award, and Construction System. A web-based system used by the Government, Construction Contractors, and Subcontractors on this Government contract to prepare “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes and field measurement documentation).

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Roadway Prism Delete the text and substitute the following:

Roadway Prism – The volume defined by the area between the original terrain cross-section and the final design cross-section multiplied by the horizontal distance between the centroids (geometric center) of the area.

Subcontractor Delete the text and substitute the following:

Subcontractor – An individual or legal entity with which the Contractor sublets part of the work. This includes subcontractors and material suppliers at any tier.

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Section 103. — SCOPE OF WORK

103.05 Partnering. Delete the second paragraph and replace with the following:

Acceptance of this partnering offer by the Contractor is mandatory, and the partnership is bilateral.

No additional payment will be made for the cost of mandatory partnering.

103.06 Issue Resolution. (Added subsection.)

Resolve project issues at the lowest authorized level, and in the most expedient manner possible. For those issues that cannot be resolved at the lowest authorized level, an Issue Escalation Matrix is included in this contract (See Table 103-1).

Resolve issues within the working days set forth in the Issue Escalation Matrix. Escalate issues not resolved within the working days established in the Matrix to the next higher level. An exception to this requirement may be observed when both parties agree to a longer period of time and extra time is needed for the development of facts.

Either party may request that an issue be escalated. Upon the request of either party, both parties shall escalate the matter. A request to escalate must be made in writing. Failure to meet the time periods set forth in the Matrix and any mutually agreed extension shall constitute grounds permitting the escalation of the issue.

Decision making is encouraged to be made at the lowest authorized level onsite. Recommendations, options, and ideas by all team members are requested. Decisions made at the lowest level possible will be supported by all management levels. Countermands of decisions will not be permitted, except where there is a conflict with code, regulation, law, the contract, or a change of critical facts or information which causes a re-evaluation of the resolution. Support of a countermand by the original decision team is critical. All Contractor and Government team members must understand why the change is necessary and must be able to support it.

Table 103-1

Issue Escalation Matrix

Contractor Representative FHWA Representative Time

On-site field management Project Engineer 2 days

Off-site project manager Construction Operations Engineer 5 days

Corporate Officer Construction Engineer 10 days

President Chief of Engineering 20 days

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Section 105. — CONTROL OF MATERIAL

105.01 Source of Supply and Quality Requirements. Add the following:

Materials containing petroleum-based solvents such as cutback asphalts and traffic paints may be restricted from use by local laws or ordinances in certain geographic areas. Upon presenting proof of such restrictions, alternate materials considered acceptable to the CO may be substituted for the materials specified in the contract.

Add the following:

Certify, according to Subsection 107.10 (d)(2), that sources of rock, sand, gravel, earth, subsoil, or other natural material imported into the project construction limits are noxious weed free.

105.04 Storing and Handling Material. Add the following after the third sentence of the second paragraph:

For Contractor-located, non-commercial staging, storing, and material handling areas, secure environmental clearances according to Subsection 107.10.

Add the following:

1) The Contractor may use the following parcels acquired for this Project for staging areas and/or storage of materials (Refer to the Right of Way plans included in the supplemental documents):

• Parcels AP-2 through AP-7 and at 231 E Riverside Dr.

2) The Post Office parking lot may be used for staging and material storage only from October 1 to

April 1 subject to the requirements of Section 156.07.

3) Use all products according to the manufacturer’s recommendations for handling, storage, and disposal. Follow the requirements of FAR Clause 52.236-10 Operations and Storage Areas and FAR

Clause 52.236-12 Cleaning Up. Maintain the staging and storage areas in a clean, neat, and orderly condition satisfactory to the CO.

4) Store construction materials within the limits indicated on the contract drawings. Properly store materials according to the applicable permit and the requirements in Section 107, 157, 203, 204, 624, and 625. Check the storage areas weekly and according to the applicable permit.

5) Construction staging and materials stockpiling within 50 feet of the Big Thompson River or Fall

River will require appropriate BMPs and prior approval of the CO.

6) Store construction, building and waste materials, and containers in designated areas indoors or protect with a suitable covering.

7) Store construction equipment and materials in a location that is away from public views. to the maximum extent practicable. Alternatively, provide temporary screens or covers for equipment and materials when not in use. Fence staging and storage areas with 6-foot chainlink and privacy screen.

8) Minimize staging at parking areas and business accesses in terms of how long those areas are used for staging and how much parking and access is restricted at any one location.

9) Prepare and submit to the CO the following at least 14 calendar days prior to the start of construction activities:

• Site map showing the material storage and stockpile locations

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• Staging plan that identifies proposed staging areas in or near the work area

10) Keep the manufacturer’s MSDS, an inventory of the material, and emergency numbers near the storage area. Take appropriate measures to ensure that incompatible chemicals are not stored next to each other.

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Section 106. — ACCEPTANCE OF WORK

106.01 Conformity with Contract Requirements. Delete (a) and (b) and substitute the following:

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method

(2) Number of samples

(3) Sample transport

(4) Test procedures

(5) Testing laboratories

(6) Reporting

(7) Estimated time and costs

(8) Validation process

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Add the following after (b):

The number of significant figures used in the calculations will be according to ASTM E 29, absolute method.

Where sample/testing procedures make reference to AASHTO, ASTM, or other standards (designated as

FLH T), the procedure as modified in the Materials Manual shall govern. Where the specifications make reference to AASHTO Test T11, “Procedure B - Washing Using a Wetting Agent” shall be the procedure followed.

Where the specifications make reference to AASHTO Test T310, “Direct Transmission Method of In-

Place Nuclear Density and Moisture Content” shall be the procedure followed.

106.02 Visual Inspection. Delete the Subsection and substitute the following:

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106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract requirements. In the absence of specific contract requirements or tolerances, use prevailing industry standards.

106.03 Certification. Add the following after the second paragraph:

See Table 106-3 for schedule for full or partial acceptance by material certification. Submit certification and sample of material for testing as required.

Delete the third paragraph and substitute the following:

Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information:

• Project number and name;

• Pay item number and description;

• Contractor signed certification stating “to the best of our knowledge the materials certified by the attached certification represent the materials incorporated into the work of this contract”; and

• Date.

Table 106-3 Schedule For Full or Partial Acceptance by Materials Certification. Add Table 106-3 following Table 106-2.

Table 106-3

Schedule For Full or Partial Acceptance by Materials Certification

Section Description Material Material Property

Or Specification

Frequency

Certification Sample

Minor Crushed

Aggregate Crushed Aggregate

Source, Quality and

Gradation 1 per source 1 per source

312 Dust Palliative

Calcium Chloride

Magnesium Chloride, Lignosulfonate, As specified 1 per shipment First shipment

403 Asphalt Concrete Aggregate Asphalt

Mix

Source quality, Gradation, Stability, and Grade

1 per mix 1 per source

634 and

Permanent

Pavement

Markings, Temporary Traffic

Control

634.02 as applicable, 635 as applicable As specified 1 per source -----

701 Hydraulic Cement

Portland Cement, Blended Hydraulic

Cement, Masonry and

Mortar Cement

AASHTO M 85, M

240, ASTM C 91 and

ASTM C1392 as applicable

1 per shipment 1 per 100 tons

702.01 Asphalt Material Asphalt Cement

AASHTO M 226 or

M 320, as applicable

1 per shipment 1 per shipment

702.02 Asphalt Material Emulsified Asphalt AASHTO M 140 or 1 per shipment 1 per shipment

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Section Description Material Material Property

Or Specification

Frequency

Certification Sample

M 208 as applicable

702.03 Asphalt Material

Asphalt Materials used for Damproofing and Waterproofing

Concrete and

Masonry Surfaces

As specified for each type of asphalt material

1 per shipment -----

702.05 Antistrip As specified As applicable 1 per shipment -----

Concrete and Plastic

Pipe As specified As applicable 1 per shipment -----

707 Metal Pipe As specified As applicable 1 per shipment -----

708 Plastic Pipe As specified As applicable 1 per shipment -----

Reinforcing and

Prestressing Steel As specified As applicable 1 per shipment

For 709.01 submit 3, 1-yard

(1-meter) bars of each size and grade of bar furnished.

709.02 submit 1

6-foot (2-meter) length for each size furnished

710 Fence and Guardrail As specified As applicable 1 per shipment -----

Concrete Curing

Material and

Admixtures

As specified As applicable

1 per material source per material type

712 Joint Material (all) As specified As applicable 1 per shipment -----

Roadside

Improvement

Materials (all)

As specified As applicable 1 per shipment -----

Geosynthetic

Material (all) As specified As applicable 1 per shipment

1 per project per type

715 Piling As specified As applicable 1 per shipment -----

Material for Timber

Structures Timber and Hardware As applicable 1 per shipment -----

717 Structural Metal As specified As applicable 1 per shipment

717.01(e) minimum

6 per shipment for each size used.

717.10

1 per project

Traffic Signing and

Marking Material

(all)

As specified As applicable 1 per shipment -----

719 Paint As specified As applicable 1 per batch\lot

1 sample for quantities

> 25 gallons

(100L)

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Section Description Material Material Property

Or Specification

Frequency

Certification Sample

Structural Wall and

Stabilized

Embankment

Material (all)

As specified As applicable 1 per shipment per material type

Electrical and

Illumination

Material (all)

As specified As applicable 1 per shipment per material type

722 Anchor Material As specified As applicable 1 per shipment per material type

Miscellaneous materials As specified As applicable

1 per shipment per material type

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Section 107. - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed. Add the following:

Section 401 and 404 of the Clean Water Act.

Comply with the terms and conditions of any permits that are issued for the performance of work within waters of the U.S., including Section 404 permits and Section 401 water quality certifications. (Copy of permit included in the Appendix section of this SCR document).

National Pollutant Discharge Elimination System (NPDES)

Comply with the requirements of Colorado CDPHE Construction General Permit (CGP); Permit No.

COR400000

This permit is scheduled to expire on 3/31/2024. Amend the SWPPP and site plan when a new permit goes into effect to meet new permit conditions.

Allow 10 days from submittal of NOI to issuance of permit.

(a) General. Designate a qualified Erosion Control Supervisor according to Subsection 157.03.

Obtain a separate NPDES permit associated with industrial activity for any mobile asphalt and concrete plants that provide material for the project. Provide a copy of the permit and acknowledgement letter to the CO for their records.

(b) Notice of Intent (NOI). File a NOI as a primary operator if required or permitted. Provide a copy of the NOI and confirmation letter to the CO. The Government will also file a separate NOI if required and provide that information to the Contractor for inclusion in the SWPPP. Do not perform any ground disturbing activities including clearing, grubbing, or earthwork until an acknowledgement letter is received from the regulatory agency and the SWPPP has been approved and implemented.

Post all project authorization numbers near the entrance to the site and on the bulletin board.

(c) Payment of Permit Fees. Submit the appropriate permit fees and renewal fees required for both the

Contractor and Government to the regulatory agency.

(d) Notice of Termination (NOT). File a NOT if the conditions listed in the CGP have been met or transfer the NOI to the maintaining agency when project has reached final acceptance.

At the completion of the project, provide the CO with the complete SWPPP, including inspection forms, logs, and all other required documentation added during the project.

Air Quality

Contractor shall comply with fugitive dust permitting and control requirements of the Colorado Air

Quality Control Commission (CAQAC).

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Conditional Letter of Map Revision

Comply with the terms and conditions of any permits that are issued for the performance of work including FEMA Conditional Letter of Map Revision (CLOMR) permit application. CFLHD has applied for and been granted a CLOMR from FEMA for work within the Big Thompson River floodplain (Copy of permit included in the Appendix section of this SCR document).

Town of Estes Park Right of Way Permit

Contractor is required obtain a Right of Way Permit from the Town of Estes Park for any work to be completed within the Town Right of Way. Permit may be obtained online from the following website:

Right of Way Permitting | Town of Estes Park (colorado.gov)

Colorado Department of Transportation (CDOT) Utility & Special Use Permit

Contractor is required to obtain Utility & Special Use Permit from CDOT for any work to be completed with the CDOT Right of Way. CFLHD has initiated the permit process as the “Permittee”. Contractor will obtain the permit as the “Applicant”. Permit may be obtained online from the following website:

Utility & Special Use — Colorado Department of Transportation (codot.gov)

107.02 Protection and Restoration of Property and Landscape

Add the following after the first sentence of the second paragraph:

Erect tree protection fencing where indicated on plan to protect existing trees prior to mobilization of machinery, clearing, demolition, and bulk deliveries. Contractor to obtain approval from CO prior to commencing tree removal. Apply a slow release fertilizer around protected trees to stimulate root growth, not foliage growth. Install temporary plastic fence on steel posts in accordance with Section

619. Affix laminated signs as indicated on drawing with a minimum of two per protected tree.

The following activities are prohibited within the delineated tree protection zones:

(a) Construction traffic – motorized or on foot

(b) Parking of equipment or vehicles

(c) Material storage including stockpiling of topsoil

(d) Littering and waste storage

(e) Grade changes

Underground utilities must be located to the satisfaction of all parties before excavations will be permitted. The Contractor is responsible for protecting all aerial and underground utilities during

Amendment A002 https://estespark.colorado.gov/rowpermitting https://www.codot.gov/business/permits/utilitiesspecialuse

E-14 construction. Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC registered lines marked by member companies. Contact all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. Call 811 for all utility location requirements.

Add the following at the end of this subsection :

The locations of the utilities shown in the plans have been certified to a Quality Level D according to the

CFLHD Utility Data Quality Certification requirements:

http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

Table 107-1

Status of Utilities

Company Utility Type Contact Name Phone Number Status 1, 2, 3, or 4

Town of

Estes Park

Light and

Electric

Joe Lockhart 970-577-3613 3 – Power relocations, 2 - New street lighting

Town of

Estes Park

Water Chris

Eshelman

Jason Lane

970-577-3622

970-577-3632

2 – new 16” waterline and other waterline relocations and abandonments

Estes Park

Sanitation

District

Sanitary

Sewer

Ron Duell 970-481-1458 2 – Sanitary sewer relocations and extensions and manhole relocation and adjustments

Upper

Thompson

Sanitation

District

Sanitary

Sewer

Nathanael

Romig

Matt Allen

970-692-4237

970-219-8210

2 – Manhole adjustments

Century Link

(Lumen)

Telecommu nications

Robert Davis

Shelly

Bergstrom

720-854-4341

720-501-5803

1/3 – Relocate and lower existing underground telecommunications lines

Xcel Energy Gas Jody

Hutchinson

970-277-1402 1 – Relocate and lower existing underground gas lines http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

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TDS Telecommu nications

William

Trujillo

719-250-1939

1 – Relocate and lower existing telecommunications lines

Status 1: The utilities are in conflict with the project and REQUIRE relocation by OTHERS

DURING construction.

Status 2: The utilities are in conflict with the project and REQUIRE relocation by the Contractor

DURING construction.

Status 3: The utilities are in conflict with the project and REQUIRE relocation BEFORE construction.

Status 4: The utilities are located within the project rights of way but require NO relocation.

Prior to construction, locate all existing underground utilities and pothole all areas of potential conflict including, but not limited to, proposed storm drainage crossings and locations of roadway excavations.

Payment will be made under Item 64501-0000 Locate Utilities.

107.05 Responsibility for Damage Claims. Delete the first sentence of the third paragraph and substitute the following:

Before work begins, submit “certificates of insurance” certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government.

107.10 Environmental Protection.

(a) Federal Water Pollution Control Act (Clean Water Act) 33 USC § 1251 et seq. Add the following:

(4) Do not ford running streams with construction equipment. Obtain approval from the CO to use temporary bridges or other structures whenever crossings are necessary.

(5) Immediately clear ephemeral drainages, intermittent and perennial streams, lakes and reservoirs of all work items, debris or other obstructions placed by or resulting from construction operations.

(6) Locate machinery servicing and refueling areas away from streambeds and washes to reduce the possibility and minimize the impacts of accidental spills or discharges.

(b) Oil and hazardous substances. Add the following to the end of the third paragraph:

Sand or soils are not approved absorbent materials.

Add the following to the end of the fourth paragraph:

Report the spill to the appropriate federal, state, and local authorities as required by the SPCC plan or hazardous spill plan.

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(c) Dirt, plant, and foreign material. Add the following:

All vehicles and equipment entering the project area must be clean of noxious weeds and free from oil leaks and are subject to inspection. Wash all construction equipment to thoroughly remove all dirt, plant, and other foreign material prior to entering the project. Particular attention must be shown to the under carriage and any surface where soil containing exotic seeds may exist. Allow the CO to inspect each piece of equipment before entering the project. Provide the cleaning and inspection records to the CO. Equipment found operating on the project that has not been inspected, or has oil leaks will be shut down and subject to citation.

(d) Clearances for Contractor-selected, noncommercial areas. Add the following to the end of the first paragraph:

Do not import into the project limits rock, sand, gravel, earth, subsoil, or other natural materials from a Contractor-selected non-commercial materials source, that have not been certified free of noxious weeds. Materials imported into the project limits which do not include a noxious weed free certification may be rejected and ordered by the CO to be removed from the project limits.

The CO has the discretion of requesting inspection of certified materials by a third party, and rejecting the use of the source if noxious weeds or seeds thereof are found to be present.

e) Additional Environmental Requirements

• Keep stationary equipment and noisy activities as far from sensitive receptors as possible. Do not allow equipment to idle unnecessarily near residences and businesses, or parks and recreation areas that are open to the public during construction.

• Maintain exhaust systems on equipment to reduce noise generation. Allow the CO to inspect equipment as requested.

• Use properly designed engine enclosures and intake silencers.

• Ensure new equipment complies with the latest product noise emission standards.

• Follow Town of Estes Park Municipal Code Chapter 8.06 for noise and lighting requirements.

• Designate refueling containment areas a minimum of 50 feet away from the tops of the banks of the Big Thompson and Fall Rivers.

• Schedule tree removal before February 1 or after July 15 or retain a qualified biologist

(experience with nesting bird surveys in Rocky Mountains) to survey trees to be removed for nesting bird activity. Conduct the survey within 2 weeks before tree removal is scheduled. If active bird nest(s) are discovered in trees to be removed, delay their removal until the nest is no longer active, as determined by the biologist in coordination with the CO.

107.11 Protection of Forests, Parks, and Public Lands. Add the following:

The fire prevention plan involving emergency curtailment of operations is included in the Appendix and is in effect on this project. The CO will order the suspension of operations when conditions are unsafe as determined by the CO and the land management agency.

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Section 108. — PROSECUTION AND PROGRESS

108.01 Commencement, Prosecution, and Completion of Work. Add the following:

Limit operations according to Subsection 156.07

Limit operations as follows:

(a) Notify Public (via continuously updated voicemail box, website updates, and email blast) and

Emergency Services providers of weekly traffic restrictions and delays. See section 110 for additional information

(b) Sidewalk construction work adjacent to any business shall be performed only on Monday through Thursday beginning October 3 through May 19 except during any holiday periods listed in

Table 108-2, and as set forth in the Right of Way Permit issued by the Town of Estes Park. Walk-in access to businesses for customers and to accommodate freight delivery during normal business hours shall be maintained. shall remain open at all times. Contractor will notify business owners of any work that impacts business access a minimum of 2 weeks in advance.

(c) Emergency access is to be maintained at all times including during street and lane closures.

Submit to the CO in writing the proposed closure schedule a minimum of two weeks in advance.

Keep the portable changeable message sign up-to-date with the closure and delay information.

(d) Maintain all ADA access at all times during construction

Perform no work except to maintain traffic control devices, erosion control devices, the roadway driving surface, and to control dust during the listed Federal holidays and surrounding days as shown in Table

108-2.

Table 108-2

Federal Holidays and Surrounding Days

Federal

Holiday Time Remarks

Memorial Day 12:00 Noon Friday to 6:00 am Tuesday

Independence

Day

12:00 Noon July 3 to 6:00 am July 5

If July 4 falls on a weekend, Friday, or Monday, do not work the weekend.

Labor Day 12:00 Noon Friday to 6:00 am Tuesday

Thanksgiving

12:00 Noon

Wednesday to

6:00 am Monday

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Christmas /

New Year’s

12:00 Noon

December 23 to

6:00 am January 2

If December 23 or January 1 falls on a Monday, do not work the adjacent weekend and do not work on

December 23. If January 1 falls on a

Friday, do not work the weekend.

Schedule at least 2 non-work days out of every 14 calendar days. The selected non-work days do not need to be consecutive, but they must be scheduled. Notify the CO at least 2 weeks before changing the scheduled days off.

The CO may grant written approval for exemptions to scheduled days off for specific project operations and for periods of limited duration.

Add the following:

The CO will issue a Notice to Proceed before commencement of any work. No on-site work can occur prior to November 15, 2022. Contract completion date is December 15, 2024. No additional days will be provided for Option X if it is awarded.

Add the following:

Use the Government’s web-based system, Engineer’s Estimating, Bidding, Award, and Construction

System (EEBACS), to prepare all “Inspector’s Daily Record of Construction Operations” (Contractors

Daily Reports) and measurement notes (pay notes and field measurement documentation).

Attend a training session on the use of EEBACS. The training session will require up to 4 hours. No more than 3 Contractor staff may attend the training unless approved by the CO. The Contractor shall be responsible for training additional staff.

Complete and electronically submit “EEBACS User Account Form” (Form EEBACS-001) for each individual requiring EEBACS access. Submit forms to the CO at the preconstruction conference or at least 10 days prior to the start of any contract work or EEBACS training. As needed, request additional system access using Form EEBACS-001 and allow 7 days for system access.

Maintain active EEBACS accounts for all contractor staff who use EEBACS and ensure that the CO is notified within 24 hours after an account holder is reassigned or no longer employed by the Contractor.

Within 24 hours after an account holder is reassigned or no longer employed by the Contractor, submit an EEBACS-001 form requesting that the account be disabled.

The electronic version of EEBACS-001 is available at:

https://highways.dot.gov/federal-lands/estimates/forms

108.02 Subcontracting. Delete the third paragraph and substitute the following:

Within 14 days of subcontract award, submit a completed SF 1413 and 1413S. Complete Part I for each

Subcontractor, and include Part II when the Subcontractor performs on-site work. Complete other forms that may be required by the Government to show the work subcontracted and the total dollar amount of the subcontract. Submit the above required information for each Subcontractor at lower tiers.

https://highways.dot.gov/federal-lands/estimates/forms

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Delete Table 108-1 and substitute the following:

Table 108-1

Charge for Liquidated Damages for Each Day

Work Is Not Substantially Completed

Original Contract Price Daily

Charge From More

Than —

To and

Including —

$ 0 $ 1,000,000 $ 1,600

$ 1,000,000 $ 2,000,000 $ 2,400

$ 2,000,000 $ 5,000,000 $ 4,100

$ 5,000,000 $ 10,000,000 $ 5,600

$ 10,000,000 and more $ 6,500

108.05 Early Completion Date Incentive.

July 26, 2024 – Early Completion Date Incentive: An incentive payment in the amount of

$1,000,000.00 will be paid to the contractor for meeting this date. The incentive payment will be reduced by $7,140 per calendar day until depleted on the contract end date of December 15, 2024. No incentive payment will be made after this date. This is a no excuse specification. Additional time to meet the incentive shall not be applied under any circumstance. No additional days will be provided for Option X if it is awarded.

108.06 Weather Delays.

(a) Definitions.

(1) Reasonably Predictable Weather Days. Estimated weather day(s) where critical activities cannot be performed in any specific month, within contract weather or temperature limitations, or due to weather related soil conditions. Calculate Reasonably Predictable

Weather Days according to Subsection 108.06 (b).

(2) Weather Day. Workday(s) where work cannot be performed within contract weather or temperature limitations or due to weather related soil conditions, and where work on critical activities cannot be performed for more than 50 percent of the workday.

(3) Drying Day. Work day(s) immediately following a weather day, as defined by Subsection

108.06 (a)(2) above, where work can’t be performed on scheduled critical activities within contract weather or temperature limitations, or due to weather related soil conditions, for more than 50 percent of the workday. Do not consider drying days when critical activities can be

E-20 performed immediately after weather days. Do not consider drying days if they fall on scheduled non-work days within the contract or the construction schedule.

(4) Work Day. A day described under Subsections 155.05 (a)(2)(e) or 155.05 (b)(4)(e) in the Contractor’s Baseline Construction Schedule, are not excluded from work by the contract, or are not considered as a non-work day in the construction schedule.

(5) Unusually Severe Weather Day. The number of approved scheduled work days affected by weather that are greater than the calculated Reasonably Predictable Weather Days for the month in question. An Unusually Severe Weather Day will not be considered if it is a scheduled non-work day in the contract or the construction schedule.

(b) Reasonably Predictable Weather Days. Determine Reasonably Predictable Weather Days for this contract by completing Table 108-3. Calculate data for Table 108-3 as follows:

(1) Using the last 10 years of historical weather data from the nearest NOAA weather data collection station, or other approved weather station, compute the average number of weather days defined by Subsection 108.06 (a)(2) for each month. Include estimated drying days defined by Subsection 108.06 (a)(3). Calculate the standard deviation from the average for each month. Determine the Reasonably Predictable Weather Day(s) total for each month by adding the estimated average weather and drying days from above, plus one standard deviation.

(2) Submit a completed Table 108-3 with the initial construction schedule. Include NOAA or other approved weather data, the average number of weather days, the estimated number of drying days, and the standard deviation, calculations for each month with Table 108-3.

Allow 14 days for approval or rejection of Table 108-3. If rejected, submit a revision within 7 days after the date of rejection. Time for review and approval starts again after the revised

Table 108-3 has been resubmitted. Weather related Time Impact Analyses will not be accepted without an approved Table 108-3. If the normally scheduled work days are changed within the current construction schedule, provide the CO with a revised Table 108-3 which if approved will become the Reasonably Predictable Weather Days for each month of the remainder of the contract.

Table 108-3

Reasonably Predictable Weather Days

Project Name

Project Number

Contractor

Month Year Reasonably Predictable Weather or Weather

Related Soil Conditions

(Monthly Total Days)

January or other month

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Date Submitted:

Signature of Authority:

(c) Unusually Severe Weather. Under FAR Clause 52.249-10, Default (Fixed-Price

Construction), the Contractor can request time for a delay due to Unusually Severe Weather.

Determine the number of weather days conforming to Subsection 108.06 (a)(2) and Drying Days conforming to Subsection 108.06 (a)(3). Deduct any days meeting the following conditions:

(1) Workdays when only non-critical activities are shown for that day on the construction schedule, or only non-critical work is performed on that day.

(2) Drying days when only non-critical activities are shown for that day on the construction schedule, or only non-critical work as performed on that day.

(3) Weather or drying days where critical work was not performed more than 50 percent of the day, or could have been performed more than 50 percent of the day but was not.

(4) Scheduled or contract non-work days not accounted for under 108.06 (a) or (b).

Unusually severe weather has occurred during any month in question when the net number of actual workdays lost for critical work activities, due to contract weather or temperature limitations, or weather related soil conditions, is greater than the Reasonably Predictable Weather Day total from Table 108-3 submitted with the initial construction schedule.

(d) Time Adjustments for Weather Delays. No time adjustments will be made if the net number of weather days is less than the Reasonably Predictable Weather Day total for any month shown in

Table 108-3. An excusable time extension may be granted if the net number of weather days is more than the Reasonably Predictable Weather Day total for any month shown in Table 108-3.

Submit a weather or soil time impact analysis supporting any alleged delays due to unusually severe weather or soil conditions. Submit a weather related soil or weather time impact analysis within the month that the weather days occur. If a period of weather days or soil conditions is split between months, submit a weather or soil time impact analysis for each month of occurrence.

(e) Delays Due to Other Weather Conditions. Delays due to other unusually severe weather conditions (extreme cold or heat, high winds, etc.) or soil conditions must be supported with a weather time impact analysis using historical weather data or construction site weather related soil conditions based on appropriate proctor test results and existing moisture contents.

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Section 109. — MEASUREMENT AND PAYMENT

109.01 Measurement of Work. Add the following after the sixth paragraph:

Prepare, sign, and submit electronic measurement notes (pay notes and supporting field documentation) using EEBACS. Measurement notes will be reviewed by the CO. Unacceptable measurement notes will be electronically rejected and returned. Correct rejected measurement notes and resubmit electronically.

109.02 Measurement Terms and Definitions.

(o) Square foot and Square yard (Square meter). Add the following: Do not measure overlaps.

109.06 Pricing of Adjustments. Add the following:

ASPHALT BINDER PRICE ADJUSTMENT PROVISION

GENERAL The Asphalt Binder Price Adjustment Provision provides for a price adjustment in the form of payment to the Contractor or a rebate to the Government for fluctuations in the cost of asphalt binder used in the performance of applicable construction work for CO FLAP (36)1 . Price adjustment provisions are applicable only to the asphalt binder, as defined in Section 702.01, and incorporated in the following contract pay items:

• 40101-0600 Asphalt concrete pavement, gyratory mix

The price adjustment provisions are also applicable to eligible pay items when the Government adds extra work to the Contract.

The provision will remain in effect throughout the duration of the contract. Enactment of the Asphalt

Binder Price Adjustment Provision will only be considered when the increase or decrease in the price of asphalt binder exceeds 10 percent.

The Asphalt Binder Price Adjustment Provision is intended to reduce but not eliminate the cost effects of price uncertainty to the Contractor and the Government for asphalt binder used in the construction of this contract. It provides for sharing by the Government a portion of the Contractor’s risk, which could result from unusual price fluctuations. The provision is not intended to compensate the Contractor for normal day-to-day fluctuations and seasonal changes or to serve as a guarantee of full compensation for asphalt binder price fluctuations.

PRICE INDEXES The Government will post a monthly performance price index at:

https://flh.fhwa.dot.gov/business/construction/escalation/cfl/

Poten and Partners, Inc. (PPI), publishes a weekly report (Asphalt Weekly Monitor) on high and low selling prices for states in five regions throughout the United States including:

https://flh.fhwa.dot.gov/business/construction/escalation/cfl/

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• East Coast/Northeast

• Mid-Continent/Midwest

• Gulf Coast/Mid-South

• Rocky Mountains

• West Coast/Northwest

Weekly high and low selling price data reported for Rocky Mountain Region will be averaged and used to establish a base price index, BPI, for this project and a monthly performance price index, MPPI, for the duration of the contract. These indexes are defined as follows:

• BASE PRICE INDEX The base price index, BPI, is the price index posted by the Government as determined by arithmetic average, as specified above, shown in the four weekly publications immediately preceding the contract award. It is as follows:

BASE PRICE INDEX (BPI) FOR ASPHALT BINDER

PER SHORT TON (TON) = $See Note (1) below

Note (1): BPI calculated by the Government and inserted here immediately before contract award.

• MONTHLY PERFORMANCE PRICE INDEX The monthly performance price index, MPPI, is the monthly price index at the time of performance of applicable work as determined by arithmetic average, as specified above, shown in the four weekly publications issued prior to the last Wednesday of the month (i.e. the monthly performance price index during which asphalt binder is used in the performance of applicable construction work).

PRICE ADJUSTMENTS Price adjustments calculated by the Government are not intended to reflect the Contractor’s actual purchase price. The ratio of the monthly performance price index and the base price index (MPPI/BPI) is calculated and used to determine price adjustments as follows:

• No Price Adjustment – When the ratio MPPI/BPI falls within the range of 0.90 to 1.10, no price adjustment will be made for any asphalt binder used in construction work performed during the relevant month.

• Government Rebate – When the ratio MPPI/BPI is calculated to be less than 0.90, the

Government is due a rebate determined in accordance with the following formula:

Government Rebate = [0.90 – (MPPI/BPI)] (BPI) (Q)

• Contractor Payment - When the ratio MPPI/BPI is calculated to be greater than 1.10, the

Contractor is due additional payment determined in accordance with the following formula:

Contractor Payment = [(MPPI/BPI) – 1.10] (BPI) (Q)

The following definitions are applicable to both the Government Rebate and the Contractor Payment formulas:

E-24

MPPI = Monthly Performance Price Index for the month during which asphalt binder is used in the performance of applicable construction work.

BPI = Base Price Index that is established immediately preceding the bid opening.

Q = Quantity in tons of asphalt binder for each pay item that was used on the project during the progress payment period. The quantity will be calculated using the asphalt content of the approved mix design and the following formula:

Q = Asphalt Concrete Pavement tons placed x (% Asphalt/100)

PRICE ADJUSTMENT COMPENSATION Monthly adjustments will be accrued. The final price adjustment will be paid, or rebated, after completion of all work for each eligible pay item. The

Contractor may request in writing a partial price adjustment payment once every 12 months, or when the unpaid accrued increase exceeds $10,000. The Government will take a rebate when the deductive accrual exceeds $10,000.

No price adjustments will be made for work performed beyond the Government-approved Contract completion date.

The maximum allowable monthly and final price adjustment to the Contractor or rebate to the

Government is limited to a (MPPI/BPI) ratio of 1.6 and 0.4, respectively.

109.08 Progress Payments.

(a) General. Delete the last sentence and substitute the following:

The CO may withhold partial progress payment according to Subsection 109.08 (g) for failure to make satisfactory progress until a construction schedule or schedule update is approved by the CO.

(b) Closing date and invoice submittal date. Delete the text and substitute the following:

Submit invoices to the designated billing office by the 7th day after the closing date. Invoices received by the designated billing office after the 16th day following the closing date will not be accepted for payment processing that month. Include late, unprocessed invoice submittals in the following months invoice.

(d) Government’s receiving report. Delete the first sentence and substitute the following:

The Government’s receiving report will be developed using the measurements and quantities from Pay

Notes received by the CO in EEBACS and determined acceptable.

(e) Processing progress payment requests.

(1) Proper invoices. Delete the title and text and substitute the following:

(1) Invoices received by the 7th day following the closing date.

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(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be paid.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection

109.08(c), or if any of the quantities or unit prices shown on the Contractor's invoice exceed the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be deemed defective and the Contractor so notified according to FAR Clause

52.232-27(a)(2). Defective invoices will not be corrected by the Government and will be returned to the Contractor within 7 days after the Government's designated billing office receives the invoice.

Revise and resubmit returned invoices by the 18th day following the closing date. The CO will evaluate the revised invoice. If the invoice still does not meet the requirements of Subsection

109.08(c), the Contractor will be so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month. Correct the deficiencies and resubmit the invoice the following month.

If the revised invoice meets the requirements of Subsection 109.08(c), but still had quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item or work will be used. The Contractor's invoice, as revised by the Government's receiving report, will be forwarded for processing by the 23rd day following the closing date. The Contractor will be notified by the 23rd day following the closing date of the reasons for any changes to the invoice.

(2) Defective invoices. Delete the title and text and substitute the following:

(2) Invoices received between the 8th and 16th day following the closing date.

(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the CO's receiving report, the invoice will be deemed proper and forwarded for processing within 7 days of receipt.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), the invoice will be deemed defective, the…