Attachment 3 - Special Provisions.docx

April 2025 Utilities Coordination

Table of Contents

The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction, the latest edition of the CDOT Field Materials Manual, and the latest edition of the CDOT Construction Manual provide the standards and specifications for the construction of this project. The latest revisions to formerly issued Standard Special Provisions (SSP) and Project Special Provisions (PSP) that modify the CDOT 2023 Standard Specifications for Road and Bridge Construction are hereby incorporated by reference. The following Weld County Project Special Provisions supplement or modify the Standard Specifications.

Weld County Project Special Provisions

Notice to Bidders

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

Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized Department representative.

Information regarding the project may be obtained from the following authorized representatives.

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

A mandatory pre-bid conference will be held prior to the proposals due date.

Questions received from bidders along with Weld County responses will be posted on the BidNet Direct website as an addendum to the bid documents.

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

Weld County recognizes proposers may submit alternate technical concepts (ATCs) that are innovative or proprietary in nature with their proposal submission. During the bidding process, if the proposer asks questions related to an ATC, those questions shall be submitted separately with the email title of “Alternate Technical Proposal – Confidential”.

If the Engineer agrees that a question warrants confidentiality, the Engineer will answer the question, and keep both question and answer confidential. Weld County will keep a record of both question and answer in their confidential file.

If the Engineer determines that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the question, the Engineer will not answer the question and the question will not be documented on BidNet Direct. If the bidder does not withdraw the question, the question will be answered, and both the question and answer will be posted on BidNet Direct.

All questions shall be directed to the contacts listed above.

Questions and answers shall be incorporated into the bid documents and shall become part of Exhibit A to the Contract.

End of Section

Notice to Bidders

Commencement and Completion of Work

The Contractor shall commence work under the Contract as required in the "Notice to Proceed” letter and will complete all work within 60 calendar days unless the period for completion is extended otherwise by the County. One calendar day of contract time will be assessed for each calendar day from the date that Contract time starts. No weather days or less than full time charges days will be granted in this contract, unless approved by the County.

Subsection 108.03 shall include the following:

The Contractor's progress schedule shall be updated weekly at the weekly progress meeting which is to be held by the Contractor. Failure to submit a reasonable schedule as required may result in the County withholding payment to the Contractor.

End of Section

Commencement and Completion of Work

Force Account Items

Description

This special provision contains the County’s estimate for force account items included in the Contract. The estimate amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payments 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 to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor.

F/A Minor Contract Revisions – This work consists of minor work authorized and approved by the Engineer, which is not included in the contract drawings or specifications and is necessary to accomplish the scope of work for this contract.

F/A Fuel Cost Adjustment – This account will pay for changes in fuel in accordance with the steps outlined in Section 109.06(i) of the Revised Standards and Specifications in use for this project. To utilize this force account, the Contractor must choose to take the asphalt cement adjustment at bid time. After the bids are opened, the Contractor shall not be able to choose the asphalt cement adjustment after the bids are opened.

F/A Asphalt Cement Cost Adjustment - Adjustment will be made in accordance with the subsection 109.06(j). To utilize this force account, the Contractor must choose to take the asphalt cement adjustment at bid time. After the bids are opened, the Contractor shall not be able to choose the asphalt cement adjustment after the bids are opened.

F/A Erosion Control – This work consists of minor erosion control work authorized and approved by the Engineer which is not included in the contract drawings or specifications and is necessary to accomplish the scope of work for this contract. All items shall be pre-approved by the engineer prior to installation, or they will be no cost to the project.

End of Section

Force Account Items

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 “CDOT Standard Specifications for Road and Bridge Construction” dated 2023, 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. 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) Lumber.

(ii) Engineered wood.

(iii) Drywall.

(iv) Minor additions of a Non-ferrous metals.

(v) Plastic and polymer-based products (including polyvinylchloride [PVC], composite building materials, and polymers used in fiber optic cables).

(vi) Glass (including optic glass).

(vii) Fiber optic cable (including drop cable).

(viii) Optical fiber.

(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 such costs are paid to a domestic firm), and any applicable duty (whether 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

· Martin Luther King Day

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

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 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 101 – Definition of Terms

Revision of Section 102 – Bidding Requirements and Conditions

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

Subsection 102.01 shall be deleted and replaced with the following:

102.01 Bidding Procedures. The bidder shall follow the bidding procedures contained in the Contract Documents.

Only bidders who attended a mandatory pre-bid meeting will be allowed to bid on any project. Bidders must also be on the CDOT Prequalified Contractor’s List a minimum of 10 days prior to the bid opening date to bid on any project.

Subsection 102.02 shall be deleted and replaced with the following:

102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com. The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals.

All bidders on the projects shall submit bids by one of the following methods:

1. Preferred: email Proposals to bids@weld.gov. If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB.

2. If vendor does not submit the proposal via email, a sealed Proposal will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the Proposal due date and time.

3. PDF format is required. Emailed Proposals must include the following statement on the email: “I hereby waive my right to a sealed Proposal”. An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.

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

Subsection 102.04 shall be deleted and replaced with the following:

102.04 Interpretation of Plans and Specifications. Any changes to proposal forms, plans, or specifications before the opening of proposals will be issued by the Department through posting of the changes on www.bidnetdirect.com. Certain individuals are named in the project specifications who have authority to provide information, clarification, or interpretation to bidders before opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for bidding purposes.

Subsection 102.05 shall be revised to include the following:

Weld County does not warrant any CAD data. This information is not considered to be part of the Contract and is provided to the Contractor as a courtesy. If the bidders use the CAD data in preparing a proposal or planning and prosecuting the work, it is at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the CAD data. The CAD data shall not be used in relation to any request for additional time or compensation.

After the proposals have been opened, the winning bidder may obtain electronic sets of plans and special provisions (PDF, CAD files) at no cost. Subcontractors and suppliers may obtain plans from the successful bidder.

Subsection 102.07 shall be revised to include the following:

(10) If the bidder is not in good standing with the Federal Government’s System of Award Management (SAM).

(11) If the bidder is not listed on CDOT’s Prequalified Contractors List a minimum of 10 days prior to bid opening.

(12) If the proposal does not follow the general rules outlined in the request for bids/proposals (i.e., does contain all required forms, surpasses the allowed number of pages, etc.).

End of Section

Revision of Section 102 – Bidding Requirements and Conditions

Revision of Section 103 – Consideration of Proposals (Best Value Contract)

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

Delete subsection 103.01 and replace with the following:

103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be evaluated, and the Contract awarded or rejected in accordance with the “Rules” referenced in subsection 102.01.

When the bid is awarded using the “Best Value” process, all bidders shall submit a completed Contractor’s Performance Capability Statement, Form 605, and Assignment of Antitrust Claims, Form 621 with their bid.

Failure to submit the Forms 605 and 621 may result in the rejection of the Proposal.

(a) When the project is not funded with CDOT or Federal funds, subsection 103.01(b) shall not apply. The bid documents shall indicate if the project is being funded with CDOT or Federal funds.

(b) When a project is funded with CDOT or Federal funds the bidder must comply with the following:

To be eligible for contracting with Weld County on a CDOT or Federally funded project, the apparent low responsible bidder shall have an account in the B2GNow software system.

Form FHWA 1273 titled Required Contract Provisions Federal-Aid Construction Contracts shall be attached to all contracts and subcontracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification:

End of Section

Revision of Section 103 – Consideration of Proposals (Best Value Contract)

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, field drain tiles/lines, 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 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 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 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 revised as follows:

(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 more than 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 more than 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 more than 10 percent of the original contract amount.

Subsection 104.05 shall be deleted and replaced with the following:

104.05 Rights in and Use of Materials Found on the Work. The Contractor shall not excavate or remove any material from within the roadway, which is not within the grading limits, as indicated by the slope and grade lines, without authorization from the Engineer or Inspector.

Unless otherwise provided, the material from structures designated for removal shall become the Contractor’s property.

Subsection 104.06 shall be revised to include the following:

Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled to a disposal site approved by the Engineer. Excess soil materials including topsoil generated from the project shall not be disposed of within the project area unless written authorization is provided by the Engineer. Backfill areas shall be graded such that the final grades are like the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer.

The Contractor shall be responsible for removing all construction debris and trash from the jobsite daily. Any construction debris and trash which may be washed away shall be located, removed, and disposed of away from the site at a certified landfill location. Trash and debris shall be collected and disposed of at no additional cost to the project.

Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the project area.

Subsection 104.07 shall be deleted and replaced with the following:

104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop and offer proposals for improved construction techniques, alternative materials, and other innovations. Proposals must provide a project comparable to the original design either at lower cost, improved quality, or both. Proposals that lower the quality of the intended project will be rejected. Bid prices shall not be based on the anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed per the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor’s control and will be non-excusable with the exception of those delays that are approved as part of the VECP.

Proposals shall be categorized as VECP (Category A) or VECP (Category B).

VECPs (Category A) will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP if significant benefits can be demonstrated to the Engineer. In addition, design criteria and constraints listed in the Structural Selection Report cannot be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration-type design concepts, products, structures, or elements that have not been pre-approved by the Department, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a realized and shared cost savings to the Department. Cost savings generated to the Contract because of VECP offered by the Contractor and accepted by the Department shall be shared equally between the Contractor and the Department.

All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B).

Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted before the start of construction activities relating to the VECP.

Both VECP (Category A) and VECP (Category B) will produce savings to the Department or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction.

The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection.

(a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The Engineer will evaluate the information provided. The Contractor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor’s risk of subsequent rejection but does not commit the Department to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal:

1. Statement that the proposal is submitted as a Conceptual VECP.

2. General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer.

3. One set of conceptual plans and a description of proposed changes to the Contract specifications.

4. Estimate of the anticipated cost savings or increase.

5. Statement specifying the following:

A. When a response to the conceptual proposal from Weld County is required to avoid delays to the existing contract prosecution.

B. The amount of time necessary to develop the full Proposal.

C. The date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal.

D. The Proposal’s impact on time for completing the Contract.

(b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be submitted for both Category A and Category B VECPs:

1. A statement that the proposal is submitted as a VECP:

2. A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer.

3. A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The Contractor’s Engineer shall electronically seal the proposed plans and specifications.

4. A cost comparison, summarizing all the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or the Department’s overhead. All costs and proposed unit prices shall be documented by the Contractor.

5. A statement specifying the date by which a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from the Department is required to avoid delays to the prosecution of the Contract.

6. A statement detailing the effect the Proposal will have on the time for completing the Contract.

7. A description of any previous use or testing of the proposed changes and the conditions and results. If the Proposal was previously submitted on another the Department project, the proposal shall indicate the date, Contract number, and the action taken by the Department.

8. An estimate of any effects the VECP will have on other costs to the Department.

9. A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations.

(c) Evaluation. VECP will be evaluated by Weld County per the CDOT Construction Manual. Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design, and computations, and changed plan sheets required to develop the design changes.

1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with the Department’s design criteria for the project.

2. VECPs, whether approved by the Department, apply only to the ongoing Contracts referenced in the Proposal and become the property of the Department. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. The Department has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. The Department retains the right to utilize any accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect to patented materials or processes.

3. If Weld County is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor.

4. The Contractor shall have no claim against Weld County for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to development costs, loss of anticipated profits, increased material or labor costs, or untimely response.

5. Proposals will be rejected if equivalent options are already provided in the Contract.

6. Proposals that only reduce or eliminate contract pay items will be rejected.

7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer.

8. A proposal changing the type or thickness of the pavement structure will be rejected.

9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on Cost plus Time bid (A + B) projects.

10. Right of way cannot be bought as part of a VECP to eliminate phasing on a project.

11. A VECP changing the design of a structure may be considered by Weld County, if the design meets the following conditions:

A. The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies.

B. The design has the same roadway typical section as the original plans.

C. The design meets or exceeds the benefits of the construction-handling or traffic phasing scheme shown in the original plans.

D. The design meets or exceeds all environmental commitments and permit requirements of the original Contract.

E. The design shall not increase environmental impacts beyond those of the original Contract.

F. The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown on the original plans.

G. The design has the same or greater flexibility as the original design to accommodate future widening.

H. The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans.

I. The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans.

J. The design shall match corridor future development plans and architectural, aesthetic and pavement requirements, if applicable.

K. The design shall not adversely impact Weld County’s bridge inspection, maintenance, or other long-term costs or operations.

L. The design shall meet all Weld County design standards and policies.

M. The design shall include all additional costs and coordination necessary to relocate utilities.

N. Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer licensed in the State of Colorado and employed by a firm other than the engineer-of-record. This design review will be performed at the Contractor’s expense and shall be included in the Contractor’s engineering costs.

O. The Contractor shall provide Weld County with all design calculations, independent design check calculations, a rating package for each bridge prepared per the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure.

If a structure design VECP meets these and all other requirements, the Weld County may, at its sole option, accept or reject the proposal.

12. The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for work performed under the proposal, or for its removal.

(d) Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows:

1. The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum, or any combination, as appropriate, under the Contract. Unless there is a differing site condition as described in subsection 104.02, the Contractor shall not receive additional compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items, or other increases in cost that were not foreseen in the accepted VECP unless otherwise approved by the Engineer.

2. For all VECPs, the incentive payment shall be calculated as follows:

(gross cost of deleted work) – (gross cost of added work) = (gross savings)

(gross savings) – (Contractor’s engineering costs) – (Weld County’s engineering costs) = (net savings)

Contractor’s total incentive = (net savings)/2

Lost opportunity shall not be considered part of the calculations. The Contractor’s engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings.

The Contractor’s engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County’s engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County’s portion of the costs.

3. At the completion of the VECP design work, the Contractor shall furnish Weld County any additional documentation such as surveys, geotechnical reports, documentation, or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish Weld County with Professional Engineer sealed Record sets, and As-Constructed plans showing the VECP work.

(e) Contractor Appeal Process. Appeals can be made only on VECPs (Category A). The Prime Contractor submitting the VECP may file a one-time appeal to the Weld County Public Works Director on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Weld County Public Works Director will be final.

End of Section

Revision of Section 104 – Scope of Work

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…