ATTACHMENT 1 - Project Special Provisions.docx
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- Attached to
- WELD COUNTY CHIPSEAL OIL SUPPLY
- Solicitation number
- B2500018
- Issued by
- Weld County, Colorado
About this file
This document is a Project Special Provisions attachment for a Weld County Public Works contract, specifically outlining technical specifications, definitions, and contract requirements for road and bridge construction projects. The document provides comprehensive revisions to standard specifications, including detailed definitions for terms such as "Manufactured Product", "Produced in the United States", and "Infrastructure Project", with a particular focus on Build America, Buy America (BABA) requirements and domestic content procurement preferences.
The attachment emphasizes strict compliance with domestic manufacturing standards, requiring that construction materials, manufactured products, and iron/steel products be predominantly produced in the United States. The document outlines specific criteria for determining domestic content, including requirements that steel/iron products have all manufacturing processes occurring in the United States and that manufactured products have over 55% of component costs originating from U.S. sources. Additionally, the document includes provisions for project management, material testing, subcontractor management, and detailed guidelines for handling site conditions, with Weld County retaining significant discretion in interpreting and enforcing contract specifications.
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| File | Type | Posted |
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| BID SPECS - CHIPSEAL OIL SUPPLY - 18.docx | DOCX document | |
| Attachment 2 - Project locations and map.docx | DOCX document |
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Attachment 1- Project Special Provisions
Contents
| Revision of Section 101 – Definition of Terms | 1 |
| Revision of Section 104 – Scope of Work | 7 |
| Revision of Section 105 – Control of Work | 9 |
| Revision of Section 106 – Control of Material | 16 |
| Revision of Section 702 – Emulsified Asphalt (CQS-1hL) | 17 |
Revision of Section 101 – Definition of Terms
Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the most current “CDOT Standard Specifications for Road and Bridge Construction”, Weld County Project Special Provisions (PSP), CDOT Standard Special Provisions (SSP), and CDOT Project Special Provisions. Where the Contract Documents, Weld County PSP, or the Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows in Section 101.02:
Subsection 101.02 shall be revised to include the following:
101.02 Definitions, alphabetically. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent.
As-Built Plans. A set of drawings showing actual elevations and other pertinent information related to the finished construction project. The drawings shall be stamped and dated by a licensed professional engineer or surveyor. Also known by As-Constructed Drawings.
Build America, Buy America (BABA) Requirements: Division G, title IX, subtitle A, parts I-II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) and 2 CFR Parts 184 and 200. The “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, requires that all construction materials and manufactured products incorporated into the project are produced in the United States.
Buy America (BA) Requirements: FHWA Buy America statutory provisions are in 23 U.S.C.313 and the regulatory provisions are in 23 CFR 635.410, which requires that all of the steel and iron incorporated into the project is produced in the United States. For other policy and guidance links, see the FHWA Construction Program Guide.
Buy America Preferences for Infrastructure Projects: Requirements for federal-aid funded highway projects as outlined and encompassed in 2 CFR Part 184.
Chief Engineer. The Weld County Department of Public Works individual who is identified as the County Engineer.
Component: An article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: (i) a manufactured product; or, where applicable, (ii) an iron or steel product.
Construction Material: Includes an article, material, or supply that consist of only one of the following items listed and means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2). To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material.
(1) The listed items are:
(i) Non-ferrous metals;
(ii) Plastic and polymer-based products (including polyvinylchloride [PVC], composite building materials, and polymers used in fiber optic cables);
(iii) Glass (including optic glass);
(iv) Fiber optic cable (including drop cable);
(v) Optical fiber;
(vi) Lumber;
(vii) Engineered wood; and
(viii) Drywall.
(2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.
Contract: The written agreement between Weld County through the Public Works Department and the Contractor, setting forth the obligations of the parties for the performance of the work and the basis of payment.
The Contract includes the invitation for bids, proposal, contract bonds, standard specifications, supplemental specifications, special provisions, general and detailed plans, Notice to Proceed, contract modification orders, and authorized extensions of time, all of which constitute one instrument.
Contract Modification Order. A written order issued to the Contractor by the Department covering contingencies, extra work, increases or decreases in contract quantities, and additions or alterations to the plans or specifications, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes. The Contract Modification Order is the only method authorized for changing the Contract. Contract Modification Orders must be approved as established in subsection 105.14.
Contractor. The individual, firm, or corporation contracting with Weld County through the Public Works Department for performance of prescribed work.
Cost of Components for Manufactured Products: In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions:
(i) for components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(ii) components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (i) of this section, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product.
County. Weld County or Weld County Public Works.
Department. The Weld County Public Works Department.
Engineer. The Weld County Director of Public Works or designated who is responsible for engineering and administrative supervision of the project. Also called Resident Engineer or Project Engineer.
Holidays. Holidays recognized by Weld County are:
| · New Year’s Day: | January 1, 2025 |
| · Martin Luther King, Jr. Day: | January 20, 2025 |
| · President’s Day: | February 17, 2025 |
| · Memorial Day: | May 26, 2025 |
| · Independence Day | July 3-5, 2025 |
| · Labor Day | September 1, 2025 |
| · Veterans Day | November 11, 2025 |
| · Thanksgiving | November 27-28, 2025 |
| · Christmas | December 25-26, 2025 |
When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday.
Hours of Operation. Sunrise to ½ hour before sunset unless otherwise approved in writing by the Engineer.
Infrastructure Project: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.
Iron or Steel Product: Articles, materials, or supplies that consists wholly or predominantly of iron or steel or a combination of both. Typical iron and steel products subject to Buy America preferences include, but is not limited to, structural and reinforcing steel incorporated into pavements, bridges, and buildings (such as maintenance facilities); steel rail; and other equipment.
Manufactured Product:
(1) Articles, materials, or supplies that have been:
(i) Processed into a specific form and shape; or
(ii) Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies.
(2) If an item is classified as an iron or steel product, a construction material, or a section 70917(c) material under the definitions set forth in this section, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under paragraph (1) of this definition may include components that are construction materials, iron or steel products, or section 70917(c) materials.
Manufacturer: The entity that performs the final manufacturing process that produces a manufactured product.
Method Statement. A written procedure from the Contractor detailing how a specific task will be completed including the expected resources and production rates required to complete the task.
Pre-construction Conference. A meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed.
Predominantly of iron or steel or a combination of both: Means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.
Produced in the United States:
(1) Steel or Iron Products: All manufacturing processes, from the initial melting/smelting stage through the application of coatings, occurred in the United States.
(2) Manufactured Products:
(i) The product was manufactured in the United States; and
(ii) The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product.
(3) Construction materials: All manufacturing processes for the construction material occurred in the United States per 106.11(f) of this specification.
Project Engineer. The Department’s duly authorized representative who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. Also called the “Resident Engineer” or “Engineer”.
Region Transportation Director. The Director of Public Works or designated representative responsible for construction, maintenance, and safety activities, within the geographical jurisdiction established by the Department. The Director is responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time.
Resident Engineer. The County’s full-time engineer directly responsible for the overall administration of the assigned construction project. Only a Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Also referred to as the Engineer or Project Engineer.
Roadway Prism: The portion of the roadway defined as the prism of embankment situated from beneath the shoulders and paved structure and inside the lines projected downward and outward on a one-to-one slope from edge of gravel shoulders to edge of gravel shoulder or back of curb to back of curb (as applicable) to their intersection with the base of the embankment.
Safety Critical Work. Elements of the work that, if performed improperly, could encroach upon and endanger traffic that is following all traffic regulations. Safety critical work may include work elements performed under one or more of the following situations:
(1) Work that is constructed on, over, or near a traffic route and could become unstable over time if installed improperly.
(2) Work that requires the use of lifting devices in the vicinity of traffic.
(3) Elements of work considered safety critical for the project will be identified in Section 107 – Performance of Safety Critical Work.
(4) “Traffic” is defined as the vehicles, railroad, pedestrians, aircraft, and watercraft moving along a route. The route may be permanent or temporary, such as a detour.
Section 70917(c) Materials: Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See section 70917(c) of the Build America, Buy America Act.
State. Weld County acting through its authorized representative.
Subcontractor. An individual, firm, corporation, or other legal entity at any tier to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, corporation, or other legal entity who meets one or both of the following criteria:
1. Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2 Site of Work (1)(i)(ii)(iii).
1. Performs work that is incorporated within the Project limits.
Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. Subgrade that has been treated with lime, fly ash, cement kiln dust, or combinations thereof for stabilization will be considered subbase. Subgrade shall also include aggregate base course materials.
Substantial Completion. The completion of all payable work as shown on the pay application. Only non-payable or minor items, as determined by Weld County in its sole discretion, may be placed on the Substantial Completion punchlist.
Supplier: An individual, firm, or corporation who meets all of the following criteria:
1. Sells manufactured materials as a broker, distributor, dealer, manufacturer, or wholesaler who may or may not deliver the materials to the site of work.
1. The manufacturing of the materials, articles, supplies, or equipment used for the contract that is being supplied shall come from a facility or facilities that:
1. Is not located on, nor does itself constitute, the project or contract's primary construction site or secondary construction site as defined in 29 CFR 5.2; and
1. Either was established before opening of bids on the contract, or is not dedicated exclusively, or nearly so, to the performance of the contract.
1. The supplier’s only obligations for activity on the contract is the delivery of materials, articles, supplies, or equipment, which may include pickup of the same in addition to, but not exclusive of, delivery, and which may also include activities incidental to such delivery and pickup, such as loading, unloading, or waiting for materials to be loaded or unloaded; and
1. If an entity, in addition to being engaged in the activities specified in paragraph (c) of this definition, also engages in other construction, prosecution, completion, or repair on the site of the work, then this entity is not a supplier but a contractor.
End of Section
Revision of Section 104 – Scope of Work
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.02(a) shall be deleted and replaced with the following:
(a) Differing Site Conditions. It is the County’s expectation to complete this project with no change orders resulting in additional cost unless such change orders are initiated by the County. Change orders for differing site conditions will be entertained by the County in the event of extraordinary circumstances. However, the County is under no obligation to approve said change orders. No cost change orders, reduction in cost change orders, and County initiated change orders may occur.
The Contractor shall not be entitled to a change order for Differing Site Conditions. By way of example, Differing Site Conditions not eligible for a change order include but are not limited to:
(1) Encountering groundwater.
(2) Discovery of debris (buried or unburied within the ROW).
(3) Existing asphalt thicknesses that are different than expected.
(4) Increased costs or delays due to relocations of utilities and/or oil and gas facilities.
(5) Increased costs due to ROW or easement acquisitions.
(6) Discovery of unknown or private utilities such as water, sewer, gas, electric, phone, irrigation, oil, etc.
(7) Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure.
(8) Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells.
(9) On-site soils not suitable for structural foundations or embankments.
(10) Unsuitable materials excavation.
(11) High water levels in drainageways due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the drainageways in order to meet the project completion date.
(12) Frozen ground.
During the progress of work, if extraordinary conditions are discovered, the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that the Contractor could not have reasonably worked around the condition so as to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professional setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs.
Upon written notification, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
Subsections 104.02(c)(1) and 104.02(c)(2) shall be deleted and replaced with the following:
(1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, and
(2) When a major item of work is increased in excess of 150 percent of the original contract quantity or decreased below 25 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount.
Revision of Section 105 – Control of Work
Section 105 of the Standard Specifications is hereby revised for the project as follows:
Subsection 105.01 shall be revised to include the following:
Weld County has the authority by written order to suspend the Work wholly or in part for the reasons outlined in the Contract Documents.
All the Contractor’s employees shall have the skill, experience, and any licenses or certifications required to perform the Work assigned to them. If the County determines, in its sole discretion, that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The employee shall be removed from the project as soon as possible but in an amount of time not to exceed 24 hours. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12.
Weld County, in its sole discretion, may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor’s subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The project management staff shall be removed from the project as soon as possible but in an amount of time not to exceed 7 calendar days. If the Contractor or the Subcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12.
Subsection 105.03, paragraph 5 shall be deleted and replaced with the following:
When the Engineer or Inspector finds the materials furnished, work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.
Subsection 105.03, paragraph 7 shall be deleted and replaced with the following:
Materials will be sampled and tested for Owner Acceptance by Weld County per the sampling and testing schedules and procedures contained in the Contract Documents and in CDOT’s Field Materials Manual. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor’s expense.
Subsection 105.03 the two paragraphs following the Table 105-2 and starting with “If P is a negative number …” shall be deleted and replaced as follows:
If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added, and the resulting sum will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may:
(1) require complete removal and replacement with specification material at no additional cost to Weld County.
(2) require corrective action to bring the material into conformity at no additional cost to Weld County; or
(3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25.
If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in Table 105-3:
Subsection 105.05, paragraph 3 shall be deleted and replaced with the following:
Materials will be sampled randomly and tested by the Department per subsection 106.05 and with the applicable procedures contained in CDOT’s Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be selected and tested as set forth in subsection 106.05 at the Engineer’s discretion.
Subsection 105.05(f)(2), paragraph 1 shall be deleted and replaced with the following:
(2) Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place, the PF for the process will not be greater than 0.75. The Engineer will be consulted before determining the material will be allowed to remain in place. The Engineer will also be consulted to assist in determining an appropriate pay factor.
Table 105-8, “W” and “V” Factors for Various Elements shall be deleted and replaced with the following:
Table 105-8 – “W” and “V” Factors for Various Elements
| Element |
| V Factor |
| W Factor |
| 2.36 mm (No. 8) mesh and larger sieves |
| 2.80 |
| N/A |
| 600 mm (No. 30) mesh sieve |
| 1.80 |
| N/A |
| 75 mm (No. 200) mess sieve |
| 0.80 |
| N/A |
| Gradation |
| N/A |
| 15 |
| Asphalt Content |
| 0.20 |
| 25 |
| In-place Density |
| 1.10 |
| 45 |
| Joint Density |
| 1.60 |
| 15 |
| Voids in the Mineral Aggregate |
| 0.60 |
| 10 |
| Air Voids |
| 0.60 |
| 30 |
Subsection 105.09 shall be deleted and replaced with the following:
105.09 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions. These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.
In the event of a discrepancy, the order of precedence is as follows:
(a) Contract Documents including Exhibits, Addenda, and Appendices
(b) Special Provisions
1. Weld County Special Provisions
2. Weld County Conformed Standard Special Revisions to CDOT’s Standard Specifications for Road and Bridge Construction (Latest Edition)
3. CDOT Project Special Provisions
4. CDOT Standard Special Provisions
5. CDOT Field Materials Manual (Latest Edition)
(c) CDOT Standard Specifications
(d) Plans
1. Detailed Plans
2. Standard Plans
3. Calculated dimensions will govern over scaled dimensions.
(e) CDOT Construction Manual (Latest Edition)
Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County’s determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict.
The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract.
If the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, the Contractor shall not be relieved from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed.
Subsection 105.10 shall be deleted and replaced with the following:
105.10 Cooperation by Contractor. The Contractor shall give the work the constant attention necessary to facilitate progress and shall cooperate with the Engineer, inspectors, and other contractors.
The Contractor shall be responsible for providing agendas, attendance lists, and meeting minutes for all meetings including but not limited to weekly progress meetings, pre-construction meetings, pre-pour meetings, pre-pave meetings, pre-environmental meetings, etc. Sample meeting agendas are provided in CDOT’s Construction Manual. The sample meeting agendas shall be modified as necessary to contain project specific information.
The Contractor shall provide copies of the meeting agendas to the Engineer a minimum of 24 hours before the meeting for review. During the meeting, the Contractor shall lead the meeting, take attendance, and take meeting minutes. Meeting minutes shall be generated by the Contractor and shall be provided to the Engineer within 72 hours for review and acceptance.
The Contractor shall have on the project, at all times that work is being performed, a competent Project Manager and a Superintendent capable of reading and understanding the contract documents and experienced in the type of work being performed. The Project Manager and Superintendent shall not be the same individual unless approved in writing by the Engineer. The Project Manager and Superintendent will receive instructions from the Engineer and shall be authorized to act for the Contractor on the project and to execute orders or directions of the Engineer without delay. The Project Manager and Superintendent shall promptly supply, irrespective of the amount of work sublet, materials, equipment, tools, labor, and incidentals to complete the Contract.
Failure to provide a full-time competent Project Manager and a Superintendent with the authorization to act for the Contractor on the project shall result in pay reductions as outlined in Section 108.12 being applied. Furthermore, failure to provide a full-time competent Project Manager and a Superintendent shall be grounds for suspension of the Project until such time as a full-time competent Project Manager and Superintendent is provided by the Contractor. The Engineer shall have the sole discretion of determining when/if to assess the payment deduction. The payment deduction shall be documented on a Form 105, Speed Memo. Contract time will continue in the event of a work suspension caused by lack of furnishing a full-time competent Project Manager and a Superintendent that is satisfactory to the County.
When the County issues a Speed Memo (Form 105), Minor Contract Revision (Form 94), or a Change Modification Order (Form 90), the Contractor shall return a signed version of the form within 10 calendar days. Failure to provide the signed form(s) to the Engineer shall result in the assessment of pay reductions as outlined in Subsection 108.12.
Subsection 105.11, paragraph 4 shall be deleted and replaced with the following:
If utility facilities or appurtenances are found that are neither identified in the Contract, nor revealed by site investigation, the Engineer will determine whether adjustment or relocation of the utility is necessary. The Engineer will make arrangements with either the utility owner or the Contractor to accomplish necessary adjustments or relocations when not otherwise provided for in the Contract. Per subsection 104.02(a)(5, 7, 8, and 9), the discovery of unknown utility facilities or appurtenances shall not be entitled to a Change Order for Differing Site Conditions. Extra work may be considered for payment per subsection 104.03 only with the written approval of the Engineer. Consideration for additional contract time will be considered by the Engineer on a case-by-case basis.
Subsection 105.12, paragraph 1 shall be deleted and replaced with the following:
The Contractor shall be responsible for managing all subcontractors, subcontractors of a subcontractor, all subsequent tiers. Failure to manage the subcontractors shall result in a stoppage of work and the assessment of liquidated damages in accordance with Section 108.09 of these Specifications, at the discretion of the Engineer. Working time shall not cease but shall continue. No additional time will be granted for a stoppage of work. If the Contractor fails to meet the specified completion date or milestone date, additional liquidated damages will apply.
Subsection 105.23 shall be amended as follows:
Delete all references to CDOT and replace with Weld County.
Revision of Section 106 – Control of Material
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.03, paragraph 3 shall be deleted and replaced with the following:
Sampling and testing will be done per the Department’s minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the CDOT Field Materials Manual and these specifications.
Revision of Section 702 – Emulsified Asphalt (CQS-1hL)(3 percent Polymer Section 702.02 of the standard Specifications is hereby revised for this project as follows:
Subsection 702.02c is amended as follows:
Emulsions for slurry seals, micro-surfacing and fog seal shall conform to the requirements listed in Table 702-4. The modified emulsion shall contain a minimum of 3 percent polymer that has a dilution rate of 2:1.
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