Attachment C - B25-09 Special Provisions.pdf

LARIMER COUNTY

ENGINEERING DEPARTMENT

BID NUMBER B25-09

PROJECT NUMBER 9091

2025 RESURFACING PROGRAM

SPECIAL PROVISIONS

April 10, 2025

Project No. 9091 April 10, 2025

LARIMER COUNTY

DEPARTMENT OF ENGINEERING

SPECIAL PROVISIONS

ENGINEERING PROJECT NO. 9091

2025 RESURFACING PROGRAM

The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the standard requirement.

PROJECT SPECIAL PROVISIONS

Project Special Provisions Page Project Special Provisions Index 1 Notice to Bidders 2 Commencement and Completion of Work 3 Revision of Section 101 – Definitions and Terms 4-5 Revision of Section 102 – Bidding Requirements and Conditions 6-7 Revision of Section 103 – Award and Execution of Contract 8-9 Revision of Section 104 – Scope of Work 10 Revision of Section 105 – Control of Work 11-13 Revision of Section 105 – Dispute Resolution 14-16 Revision of Section 106 – Control of Materials 17-18 Revision of Section 107 – Legal Relations & Responsibility to the Public 19-20 Revision of Section 108 – Prosecution and Progress 21 Revision of Section 109 – Measurement and Payment 22 Revision of Section 202 – Removal of Asphalt (Planing) 23 Revision of Section 203 – Blading 24 Revision of Section 304 – Aggregate Base Course 25 Revision of Section 401 – Plant Mix Pavements–General (Non-Voids Acceptance) 26 Revision of Section 403 – Hot Mix Asphalt (SX) (With Fiber) 27-28 Revision of Section 403 – Hot Mix Asphalt 29-32 Revision of Section 403 – Safety Edge 33-34 Revision of Section 627 – Preform Thermoplastic Pavement Markings (No Preheat) 35-37 Revision of Section 629 – Monumentation Box Detail 38 Revision of Section 630 – Construction Zone Traffic Control 39 Revision of Section 630 – Portable Message Sign Panel 40-41 Revision of Section 702 – Superpave PG Binders 42 Revision of Section 703 – Aggregate for Plant Mix Pavements 43 Traffic Control Plan – General 44 Special Notice to Contractors 45-47 Utilities 48 Force Account Items 49

NOTICE TO BIDDERS

The proposal guaranty shall be a bid bond in the amount of 5% of the Contractor's total bid. The bid bond will be in the format presented in the proposal. No other wording will be accepted.

Contact and Pre-Bid meeting information can be found in the Invitation to Bid document.

COMMENCEMENT AND COMPLETION OF WORK

The Contractor shall commence work under this contract on or before the 30th day following the date of award unless such time for beginning the work is changed by the Engineer in the "Notice to Proceed". The Contractor shall complete all work on the project within 65 working days/calendar days in accordance with the “Notice to Proceed.”

Salient features to be shown on the Contractor's Progress Schedule for both the road closure and post road closure phases are:

(a) Planing

(b) Widening

(c) Patching

(d) Leveling

(e) Overlay

(f) Shouldering

REVISION OF SECTION 101

DEFINITION AND TERMS

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

Section 101 shall include the following:

Subsection 101.01, line 25 shall be deleted and replaced with the following:

CDOT Colorado Department of Transportation or Larimer County, as applicable.

In subsection 101.02, delete the tenth paragraph and replace with the following:

CDOT Resident Engineer. The County Engineer acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project.

In subsection 101.02, delete the eighteenth paragraph and replace with the following:

Contract. The written agreement between the County of Larimer through the Engineering Department and the Contractor setting forth the obligations of the parties for the performance of work and the basis of payment.

In subsection 101.02, delete the twenty-fifth paragraph and replace with the following:

Contractor. The individual, firm, or corporation contracting with the County of Larimer through the Engineering Department for performance of prescribed work.

In subsection 101.02, delete the twenty-eighth paragraph and replace with the following:

County. The County of Larimer acting through its authorized representative.

In subsection 101.02, delete the thirty-first paragraph and replace with the following:

Department. County Engineering Department. A department within the Larimer County Community Planning, Infrastructure and Resources Services Division.

In subsection 101.02, delete the thirty-third paragraph and replace with the following:

Engineer. The County Engineer acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project.

In subsection 101.02, delete the forty-first paragraph and replace with the following:

Holidays. Holidays recognized by Larimer County are:

New Year’s Day (Observed) Dr. Martin Luther Kings, Jr.’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day (Observed) Thanksgiving Day Day After Thanksgiving Christmas Day

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

In subsection 101.02, delete the fifty-eighth paragraph and replace with the following:

Pre-Construction Conference. A meeting of Larimer County project personnel, Contractor project personnel, and other stakeholders held before the beginning of construction, discussing pertinent topics for the successful completion of the work.

In subsection 101.02, delete the sixty-first paragraph and replace with the following:

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

(a) Larimer County Project Engineer. The County Construction Manager or County Engineer’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.

(b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant’s Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer’s duties are delegated by the Project Engineer in accordance with the scope of work in the consultant’s contract with Larimer County.

In subsection 101.02, add the following:

CDOT Form 43. Approved Job Mix Design performed by an independent laboratory.

In subsection 101.02, delete the sixty-seventh paragraph defining the Region Transportation Director.

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 Prequalification of Bidders. All bidders shall be experienced highway contractors and must be experienced in highway construction and in the use of the Colorado Department of Transportation’s Specifications for Road and Bridge Construction. Larimer County may require the apparent low bidder to submit a Statement of Qualifications prior to award. The County reserves the right to reject a bid from a Contractor considered unqualified.

Subsection 102.04 delete the first sentence and replace with the following:

Any change to bid forms, plans, or specifications prior to the opening of bids will be posted on the BidNet portal. It is the contractor’s responsibility to check the website for these changes. This portal can be found at https://www.bidnetdirect.com/colorado/larimer-county/

Subsections 102.06 and 102.07 shall be deleted and replaced with the following:

102.06 Preparation of Bid. The bidder shall submit the bid upon the forms furnished by the County. The bidder shall specify a unit price for each pay item for which a quantity is given and shall also show the mathematical products of the respective unit prices and the estimated quantities in the column provided for that purpose, together with the total amount of the bid obtained by adding such mathematical products.

When the bid contains an alternative pay item, which has been approved by the County, the choice of that item by the bidder shall be indicated in accordance with the specifications for that particular item. No further choices will be permitted.

The contractor's bid must be signed by an individual with legal authority to bind the contractor. Anyone signing as agent for a contractor must file with the County written evidence of such authority.

(a) Bid Guaranty. A bid will not be read and will be rejected unless accompanied by a guaranty of the character and in an amount not less than the amount indicated in the "INSTRUCTIONS TO BIDDERS" statement, found in the Special Provisions portion of the bidding documents. The bid Guaranty shall be a bid bond in the format presented in the bid. No other wording will be accepted.

(b) Delivery of Bids. Each bid shall be submitted separately through the BidNet portal prior to the time specified therein. https://www.bidnetdirect.com/colorado/larimer-county/

(c) Withdrawal of Bids Prior to Bid Opening. Prior to bid opening, a contractor may withdraw or revise a bid after it has been submitted. Withdrawal of bids may be made through the BidNet portal, however, any bid withdrawn for the purpose of revision must be re-resubmitted before the time set forth for opening of bids in the Invitation to Bid or Addendum. A bid may not be withdrawn after the time set for opening of bids. https://www.bidnetdirect.com/colorado/larimer-county/

(d) Receiving Bids. Bids will be received by Larimer County at the time and via the format specified in the Invitation to Bid until the time and date specified in the Invitation to Bid or Addendum.

Bids must be submitted and must be complete. An incomplete bid, a bid without complete signature(s), or a bid not in the approved form, including submission by telephone or facsimile machine, will not be accepted, or considered but will be rejected.

https://www.bidnetdirect.com/colorado/larimer-county/ https://www.bidnetdirect.com/colorado/larimer-county/ https://www.bidnetdirect.com/colorado/larimer-county/

(e) Opening of Bids. Bids shall be opened and read publicly at the time and place specified in the Invitation to Bid or Addendum. Such opening shall be performed by an authorized employee of Larimer County in the presence of at least one witness. Contractors, their authorized agents, and other interested parties are invited to be present.

(f) Rejection of Individual Bids. Individual bids may be rejected for any of the following reasons:

1. If the bid is on a form other than that prescribed by Larimer County, if the form is altered or any part thereof is detached, or if the form is not signed by an authorized agent.

2. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite, or ambiguous.

3. If the contractor fails to acknowledge in the bid that it has received all addenda (if any) current on the date of opening of bids.

4. If the bid does not contain a unit price, for each pay item listed except in the case of authorized alternative pay items, the mathematical products of the respective unit prices and the estimated quantities, and the total amount of the bid obtained by adding such mathematical products.

5. If Larimer County determines that any of the unit bid prices are materially unbalanced to the potential detriment of the County. There are two types of unbalanced bids: (1) mathematically unbalanced and, (2) materially unbalanced. The mathematically unbalanced bid is a bid containing lump sum or unit pay items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, but not necessarily to the detriment of the County. These costs shall all relate to the performance of the items in question. The materially unbalanced bid is a mathematically unbalanced bid which Larimer County determines leaves reasonable doubt that award will result in the lowest ultimate cost to the County, or that award is in the public interest.

6. If the contractor submitting the bid is affiliated with another contractor that has submitted a bid on the same public project.

7. If the contractor submitting the bid has been asked in writing to show why it should not be found in default on a Larimer County contract.

8. If the contractor submitting the bid has had its prequalification by the Colorado Department of Transportation revoked, or if the contractor submitting the bid is currently under debarment or suspension by the Colorado Department of Transportation.

Larimer County reserves the right to reject any or all bids, to waive technicalities, to further negotiate price, scope of work, terms, and conditions with the successful bidder, or to advertise for new bids, if, in the judgment of Larimer County, the best interests of Larimer County will be promoted thereby.

In subsection 102.09, delete the third and fourth sentences and replace with the following:

The signed anti-collusion affidavit shall be submitted with the bid. The bid will be rejected if it does not contain the completed form.

REVISION OF SECTION 103

AWARD AND EXECUTION OF CONTRACT

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

Subsection 103.01 shall be deleted and replaced with the following:

103.01 Consideration of Bids. After the bids are opened and read, they will be compared on the basis of the summation of the mathematical products of the estimated quantities shown in the bid schedule and the unit bid prices. The results of such comparisons will promptly be made available to the public.

In the event of a discrepancy between unit bid price and the mathematical products of the unit bid price and the estimated quantities in the bid schedule, the unit bid price shall govern.

In the event of low tie bids, a drawing shall be conducted to determine the low bidder. A witness shall be present to verify the drawing, and the result shall be certified on the bid tabulation.

Larimer County reserves the right, in its sole discretion, to reject any subcontractor of the successful bidder, and to further negotiate for a substitute subcontractor.

The County reserves the right to settle bid discrepancies, as defined in this subsection and in subsection 102.06, that occur in the low bidder's bid at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low bidder waives any claims against the County because of the bidder's mistakes in the bid.

Subsection 103.03 shall be deleted and replaced with the following:

103.03 Requirement of Contract Bond. At the time of the execution of the contract, the Contractor shall furnish Performance and Payment Bonds, each in a penal sum equal to the estimated contract price as per "Bid Schedule" hereto attached, with surety or sureties to guarantee the completion of work and also to guarantee that all material and labor upon this work, or incidental to the completion of this work shall be fully paid for. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. The Contractor shall also furnish such other bonds as are required herein. All bonds shall be executed using Larimer County standard forms and shall be executed by such Sureties as (i) are licensed to conduct business in the State of Colorado, and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act.

If the Surety or any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its rights to do business is terminated in the State of Colorado or it ceases to meet the requirements of clauses (i) and

(ii) above, the Contractor shall, within five (5) days thereafter, substitute another Bond and Surety, both of which shall be acceptable to the County.

In subsection 103.04 delete the first two sentences and replace with the following:

The contract shall be signed by the successful bidder and returned, together with the Contract Bonds and Insurance Certificates and Endorsements, within 15 days after the date of award. If the signed contract, bonds, certificates, and endorsements are returned by the successful bidder within 15 days after award and, if the contract is not executed by the County within 30 days from date of award, the bidder shall have the right to withdraw his bid without penalty.

Subsections 103.05 is hereby added to the Standard Specifications and shall include the following:

103.05 Failure to Execute Contract. Failure of the low responsible bidder to so execute the contract and file acceptable contract bonds and insurance certificates and endorsements within fifteen (15) calendar days or other duration specified by the County after the date of award shall be just cause for the cancellation of the award and the forfeiture of the bid guarantee which shall become the property of the County. The County may elect to waive forfeiture of the bid guarantee only if the County determines that the low responsible bidder has made a good faith error, which was an honest, nonjudgmental error, not the result of intentional conduct, gross negligence or willful neglect, and that no damages were sustained by the County as a result of the failure by the low responsible bidder to execute the contract and file acceptable contract bonds and insurance endorsements within the time prescribed. Award may then be made, in accordance with the provisions of Subsection 103.02, to the next lowest responsible bidder, or the work may be re-advertised.

REVISION OF SECTION 104

SCOPE OF WORK

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

In subsection 104.04, paragraph 3, delete the second sentence and replace with the following:

Snow removal will be the responsibility of the Contractor.

In subsection 104.04(b) delete the third sentence and replace with the following:

During the suspension period, the maintenance of the roadway will be the responsibility of the Contractor.

REVISION OF SECTION 105

CONTROL OF WORK

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

In subsection 105.02 delete (b) 5 and replace with the following:

Unless otherwise specified, an electronic copy of all shop drawings, in .pdf format, shall be submitted to the Engineer.

In subsection 105.02(i) delete Table 105-1 and replace with the following:

Section No. Description Type Contractor P.E.

Seal Required?

504 MSE Walls (Contractor Alternative) Shop Drawing Yes 504 MSE Walls (Default Design) Shop Drawing No 508 Timber Structures Shop Drawing No 509 Steel Structures Shop Drawing No 512 Bearing Devices Type II Shop Drawing No 512 Bearing Devices Type III Shop Drawing Yes 514 Pedestrian and Bikeway Railing Working Drawing No 518 Expansion Devices: 0-4” Working Drawing No 518 Expansion Devices: 0-6”, 9”, 12” Shop Drawing Yes

601 & 618 Precast Panel Deck Forms Working Drawing No 601 Permanent Steel Bridge Deck Forms Working Drawing Yes 601 Falsework Working Drawing Yes 602 Reinforcing Steel Working Drawing No 603 Precast Concrete Box Culvert Shop Drawing

Design Calculations Yes Yes

606 Bridge Railing Working Drawing No 607 Sound Barriers (Alternative) Shop Drawing Yes 607 Sound Barriers (Default Design) Working Drawing No 613 Light Standards (Low Mast) Working Drawing Yes 613 Light Standards (High Mast) Working Drawing Yes 614 Overhead Sign Structures Shop Drawing Yes* 614 Traffic Signal Pole (Mast Arm) Shop Drawing No 614 Traffic Signal Pedestal Pole Working Drawing No 614 Traffic Signal Equipment Working Drawing No 618 Prestressed Concrete (Pre-tensioned) Shop Drawing Yes* 618 Prestressed Concrete (Post-tensioned) Shop Drawing Yes* 618 Steel Diaphragms between Prestressed Girders Working Drawing No 618 Prefabricated Pedestrian Bridges Shop Drawing Yes

*A PE seal is required where the Contractor has provided the design for the item or performed engineering to modify the details shown on the plans. The PE seal is not required where complete details are provided on the plans.

In subsection 105.03 delete the second paragraph and replace with the following:

Conformity to the Contract of all Hot Mix Asphalt, Item 403, will be determined by tests and evaluations of asphalt content, gradation, and in-place density, and will be evaluated for acceptance, rejection, or price reduction in accordance with this subsection.

Subsection 105.04 shall include the following:

Superpave Performance Graded binders shall meet all requirements of Subsection 702.01.

The Contractor shall submit a Certificate of Compliance from the supplier for all binder delivered for use on the project. The Certificate of Compliance shall be prepared in accordance with subsection 106.12.

In addition to the Certificate of Compliance the contractor shall submit a “Bill of Lading” for each load of binder delivered for use on the project.

Binder that cannot be certified as complying with the requirements of Subsection 702.01 shall not be incorporated into the project.

Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a lot or batch.

Delete subsection 105.05.

Delete subsection 105.07 and replace with the following:

105.07 Conformity to Roadway Smoothness Criteria. Roadway smoothness shall be tested as described below. Roadway smoothness testing will not be measured and paid for separately but shall be included in the work.

All longitudinal and transverse pavement surfaces will be measured using a 10-foot straightedge. The Contractor shall furnish an approved 10-foot straightedge and depth gauge and provide an operator to aid the Engineer in testing the finished pavement surface. Areas to be measured shall be as directed by the Engineer.

Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet. Additional diamond grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline within the ground area. All ground areas shall be neat rectangular areas of uniform surface.

Diamond grinding, including all necessary traffic control, shall be completed at the Contractors expense.

On asphalt pavements, the diamond grinding shall not reduce planned pavement thickness by more than 0.3 inch and the entire ground area shall be covered with a fog seal coat when grinding is complete. On concrete pavements, the diamond grinding shall be completed prior to joint sealing and prior to determining pavement thickness in accordance with subsection 412.21. When longitudinal tining is required on concrete pavement, the diamond ground surface shall be grooved to restore the longitudinal texture, whenever the length of the ground area exceeds 45 feet.

If roadway smoothness exceeds the limits allowable for diamond grinding, corrective work on asphalt pavements shall consist of an approved overlay or removal and replacement. Corrective work on asphalt pavements shall conform to the following conditions:

(a) Removal and replacement. The pavement in areas requiring corrective work shall be removed the full width of the lane and the full thickness of the course in accordance with Subsection 202.09 Removal of Asphalt Mat (Planing).

The removal area shall begin and end with a transverse butt joint, which shall be constructed with a transverse saw cut perpendicular to centerline. All replacement shall be made with approved hot mix asphalt mixtures that meet all contract requirements. Replacement material shall be placed in sufficient quantity so the finished surface will conform to grade and smoothness requirements. The corrective area shall be compacted to the specified density.

(b) Overlay. The overlay shall cover the full width of the pavement including shoulders. The area overlaid shall begin and end with a transverse butt joint which shall be constructed with a transverse saw cut and asphalt removal. All material shall be approved hot mix asphalt mixtures that meet all contract requirements. The overlay shall be placed so the finished surface will conform to grade and smoothness requirements. The overlaid area shall be compacted to the specified density. The overlay thickness shall be equivalent to that of the final pass made in accordance with the plans and specifications.

If roadway smoothness exceeds the limits allowable for diamond grinding, corrective work on concrete pavements shall consist of removal and replacement. Corrective work on concrete pavements shall conform to the following conditions:

Removal and Replacement. The pavement areas requiring corrective work shall be removed the full width of the lane and full length of the slab between horizontal control joints and shall be jointed in accordance with M- 412-1.

Regardless of the corrective method used, the final product shall provide a pavement surface equal to adjacent sections not requiring corrective work.

All corrective work, including all necessary traffic control, shall be completed at the Contractors expense.

Subsection 105.16 shall include the following:

All requests for material testing and inspection shall be made during normal business hours. The Contractor shall give the Engineer at least 24 hours’ notice before the work of an inspector or material testing agency is required. The Engineer reserves the right to reject any requests that are made with less than a 24-hour notice.

If the requested inspection or materials testing work cannot be accomplished within 24 hours, the Engineer will inform the Contractor and will estimate a date when the requested work can be accomplished.

The County will pay for all initial field tests and the Contractor shall pay for all retesting work as a result of test failures. Also, the Contractor shall pay for minimum service or standby charges due to his failure to compact earth, pour concrete, or pave on schedule. Should the Contractor request inspection or material testing work within a time requiring County or testing agency personnel to work at overtime pay rates, the Contractor shall bear the entire expense of such overtime operations.

REVISION OF SECTION 105

DISPUTE RESOLUTION

In subsection 105.22 delete (c) sentence 3 of the last paragraph and replace with the following:

If the Contractor disagrees with the written decision of the Construction Manager, the Contractor must either: (1) accept the Construction Manager's decision as final, (2) file a onetime written appeal to the Construction Manager with the submission of additional information, or (3) file a written appeal to the Director of the Community Planning, Infrastructure and Resources Services Division based upon all information previously submitted and made a part of the claim record. The Contractor's written appeal shall be made within 30 days from the receipt of the Construction Manager's written decision. The Contractor hereby agrees that if a written appeal is not properly filed within this specified 30-day time period, the claim shall be considered to be abandoned by the Contractor and settled in the same manner as if the Contractor had agreed with and accepted the Construction Manager's written decision as final. Failure by the Contractor to properly file a written appeal, according to these specifications, shall bar the Contractor from any further administrative remedy for said claim under the contract.

Subsection 105.22 (d) and subsection 105.23 shall be deleted and replaced with the following:

(d) When the Contractor properly files a written appeal to the Construction Manager, the Construction Manager will review all new submissions made by the Contractor and render a decision to the Contractor. When a written appeal to the Community Planning, Infrastructure and Resources Services Director is properly filed by the Contractor pursuant to subsection, the Construction Manager will provide the complete claim record, to the Community Planning, Infrastructure and Resources Services Director. The claim will be reviewed by the Community Planning, Infrastructure and Resources Services Director who will render a written decision to the Contractor to either affirm, overrule, or modify the Construction Manager's decision, in whole or in part, in accordance with all contract documents and the following procedure:

1. For the purpose of this subsection, Community Planning, Infrastructure and Resources Services Director shall be understood to mean the Community Planning, Infrastructure and Resources Services Director or the Road and Bridge Director or both.

2. The Community Planning, Infrastructure and Resources Services Director will maintain the claim record during the review of the claim. The Contractor's written appeal to the Community Planning, Infrastructure and Resources Services Director will be made a part of the claim record. Either the Contractor or the Engineering Department may request an oral hearing of the claim before the Community Planning, Infrastructure and Resources Services Director. When an oral hearing is requested by either party, both the Construction Manager and the Contractor's representative shall be present, and the hearing shall be conducted at a time which is convenient to all parties. The Community Planning, Infrastructure and Resources Services Director will not consider any written documents or oral arguments, other than clarification and data supporting previously submitted documentation, which have not previously been made a part of the claim record.

3. The Community Planning, Infrastructure and Resources Services Director will render a written decision to the Contractor within 45 days from the receipt of the Contractor's written appeal, unless both parties agree to an extension of time. If the Community Planning, Infrastructure and Resources Services Director fails to render a written decision to the Contractor within the specified 45 day time period, or within any extended time period as agreed by both parties, the Contractor must either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Larimer County Board of County Commissioners, in the same manner as if the Community

Planning, Infrastructure and Resources Services Director had denied the Contractor's claim.

(e) If the Contractor disagrees with the written decision of the Community Planning, Infrastructure and Resources Services Director, the Contractor must either (1) accept the Community Planning, Infrastructure and Resources Services Director’s decision as final, or (2) file a written appeal to the Larimer County Board of County Commissioners within 30 days from the receipt of the Community Planning, Infrastructure and Resources Services Director’s written decision. The Contractor hereby agrees that if a written appeal is not properly filed within this specified 30-day time period, the claim will be considered to be abandoned by the Contractor and settled in the same manner as if the Contractor had agreed with and accepted the Community Planning, Infrastructure and Resources Services Director’s written decision as final. Failure by the Contractor to properly file a written appeal according to these specifications shall bar the Contractor from any further administrative remedy for said claim under the Contract.

(f) When the Contractor properly files a written appeal to the Larimer County Board of County Commissioners pursuant to subsection 105.22(e), the complete claim record as maintained by the Community Planning, Infrastructure and Resources Services Director will be provided to the Larimer County Board of County Commissioners. The Larimer County Board of County Commissioners will review said claim and will render a written decision to the Contractor to either affirm, overrule, or modify the Community Planning, Infrastructure and Resources Services Director’s decision, in whole or in part, in accordance with the following procedure:

1. The Contractor's written appeal to the Larimer County Board of County Commissioners will be made a part of the claim record. Either the Contractor or the Larimer County Board of County Commissioners may request that a review board be convened to review the claim and provide a recommendation to the Larimer County Board of County Commissioners. A review board will not be convened when the value of the claim is less than $20,000. When such a request is made by either party, the review board shall be convened pursuant to subsection 105.22(g).

2. When a review board is not requested by either the Contractor of the Larimer County Board of County Commissioners, the Larimer County Board of County Commissioners will render a decision after reviewing the information contained in the claim record. The Larimer County Board of County Commissioners will not consider any written documents or oral arguments, other than clarification and data supporting previously submitted documentation, which have not previously been made available to the Community Planning, Infrastructure and Resources Services Director and properly made a part of the claim record.

3. When a review board is requested by either the Contractor or the Larimer County Board of County Commissioners, it shall be convened pursuant to subsection 105.22(g). The Larimer County Board of County Commissioners will consider the entire administrative claim record, including the recommendation of the review board. The Larimer County Board of County Commissioners will not consider any written documents or oral arguments which have not been made available to the review board and made a part of the claim record. The Larimer County Board of County Commissioners will not be bound by the recommendation of the review board.

The decision of the Larimer County Board of County Commissioners will represent the final administrative remedy under the Contract available to the Contractor for said claim.

(g) When requested by either the Contractor or the Larimer County Board of County Commissioners, pursuant to subsection 105.22(f), a review board shall be convened to review the facts associated with the claim and to provide a recommendation to the Larimer County Board of County Commissioners in accordance with the following procedure.

1. The review board shall consist of three members. One member shall be selected and directly paid by the Contractor. One member will be selected by the Larimer County Board of County Commissioners and directly paid by the County. The third member shall be selected by mutual agreement of the other two members. Review board members shall not be employed by or affiliated with the claimant Contractor. Larimer County employees shall not serve on the review board. Review board members shall not have assisted either in the evaluation, preparation, or presentation of the claim case either for the Contractor or the County or have rendered an opinion on the merits of the claim for either party, and shall not do so during the proceedings of a review board hearing. The costs and reasonable expenses of the third member shall be directly paid by the County. The County will subtract one-half of the cost of the third member from the Contractor's final payment.

2. Once established, the review board shall serve at the convenience of the Larimer County Board of County Commissioners until the final decision is rendered. The entire claim record will be made available to the review board by the Larimer County Board of County Commissioners. An oral hearing of the claim will be conducted before the review board. The review board shall consider all written information available in the claim record and all oral presentations in support of that record by the Contractor and the County. The review board shall not consider any written documents or oral arguments which have not previously been made a part of the claim record, other than clarification and data supporting previously submitted documentation. After complete review of the facts associated with the claim, the review board shall provide a written recommendation for resolution of the claim to the Larimer County Board of County Commissioners. The review board's recommendation shall include: (1) a summary of the issues and factual evidence presented by the Contractor and the County concerning the claim, (2) recommendations concerning the validity of the claim, (3) recommendations concerning the value of the claim as to cost and time impacts if the claim is determined to be valid, and (4) the contractual and factual bases supporting the recommendations made. The review board shall act only in an advisory capacity to the Larimer County Board of County Commissioners, with no direct authority for resolution of the claim.

3. Upon receipt of the recommendation of the review board, the Larimer County Board of County Commissioners will render a final decision pursuant to subsection 105.22(f).

4. A practicing attorney may not serve on the review board, participate in the claimant Contractor's oral claim presentation, question or cross examine witnesses or object to the presentation of any testimony at the review board hearing. Either party may have an attorney present at the review board hearing to provide advice during the proceedings.

Delete Subsection 105.24

REVISION OF SECTION 106

CONTROL OF MATERIALS

Section 106 of the Standard Specifications is hereby revised as follows:

Subsection 106.02 (b) shall include the following:

The Contractor shall furnish evidence that Contractor source materials meet the contract specifications and shall pay for such tests as may be required to show compliance. All material shall be sampled and tested in accordance with the appropriate Colorado Department of Transportation or AASHTO procedures. Any materials lab doing work for the Contractor must be approved by the County before any testing is done.

The County is mandated by state statute (Section 35-5-102, CRS) to control the spread of the following noxious weeds:

Common Name Latin Name Leafy spurge Euphorbia esula Canada thistle Cirsium arvense Musk thistle Carduus nutans Russian knapweed Centaurea repens Spotted knapweed Centaurea maculosa Diffuse knapweed Centaurea diffuse Yellow toadflax Linaria vulgaris Dalmatian toadflax Linaria genistifolia Hoary Cress Cardaria draba Hoary Alyssum Berteroa incana Perennial Pepperweed Lepidium latifolium

Any source of imported embankment, topsoil, or gravel, except screened material, must be inspected and approved by the County Environmental Specialist, or designee, prior to incorporation into the project. If these materials are infested with these weeds, the Contractor must move to a different location within the area that is not infested or select another source altogether. The Contractor shall notify the County a minimum of two (2) days prior to moving any materials onto the project site in order to schedule this inspection. In the event the Contractor is unable to find a material source that is not infested, he shall be required to coordinate a treatment program with the Larimer County Weed District and the Engineer. The cost of complying with this requirement shall be included in the work.

Subsection 106.08 shall include the following:

With prior approval, portions of the right-of-way and construction easements may be used for storage of materials and equipment, and for field facilities. Any additional space required shall be provided at the Contractor’s expense. Amendment to the Larimer County Comprehensive Zoning Resolution provides that all zoning districts shall permit the temporary storage of vehicles, equipment, materials, and field offices accessory to a construction project, under the following conditions:

(a) The project is for construction of a highway, road, utility, or other public improvement pursuant to a federal, state, county, town, rural water association, or special district contract; or the construction project is located on the same parcel as the temporary storage of construction equipment, materials, or field office.

(b) The storage site is to be used for a maximum of one year. An extension of up to six months may be approved at the discretion of the County Planning Director, upon written request.

(c) Disposal of solid and hazardous waste such as fuels, solvents, waste oil, construction materials, etc., must be in full compliance with applicable federal and state rules and regulations. On-site disposal of wastes is prohibited.

(d) The equipment, materials, vehicles, and field offices shall not be located or stored within 200 feet of existing dwelling(s), unless the owner(s) of said dwelling(s) have waived this requirement in writing.

This condition shall not apply to pipes, fittings, fill material, or road base, which are intended for imminent utilization on the parcel or right-of-way where they are temporarily located.

(e) No manufacturing activity, such as asphalt hot-mix plant, concrete batch plant, or rock crushing facility shall be operated on the site.

(f) The site must be reclaimed as nearly as possible to its original condition within thirty days after this use ceases. The reclamation period may be extended by the Larimer County Planning Director, not to exceed six months.

The Contractor shall notify the Engineer of his selection of a site(s) at the Preconstruction Conference.

REVISION OF SECTION 107

LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

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

Subsection 107.01 shall include the following:

All mobile machinery, as defined by Section 42-1-102, CRS, and as referred to as Special Mobile Machinery (S.M.M.) by the Colorado Department of Revenue, used on this project must be properly plated and/or tagged as per Section 42-3-106, CRS. The Larimer County Clerk and Recorder's Office monitors compliance of registration and tax laws by owners of S.M.M. under Section 42-3-106, CRS. The Contractor should take notice that the Clerk and Recorder's Office has a field investigator who visits job sites throughout Larimer County to determine if equipment is properly plated and/or tagged.

Subsection 107.02 shall include the following:

Larimer County is exempt from Colorado State Sales and Use Taxes on materials to be permanently incorporated in the Work. Said taxes shall not be included in the Contract Price. Contractors and Subcontractors shall apply to the Colorado Department of Revenue, Sales Tax for an exemption certificate and purchase the materials tax free (39-26-114 C1) (a) (XIX) CRS 1973 as amended, House Bill 1451 effective June 7, 1979, and shall be liable to State of Colorado for exempt taxes paid due to failure to apply for exemption certificates and for failure to use said certificates.

Subsection 107.07 shall include the following:

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work, and shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

(a) All employees on the Work and other persons who may be affected thereby,

(b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and

(c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss;

and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners or adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to above caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the County Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor). The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Engineer has issued a notice to the County and the Contractor that the Work is acceptable.

In emergencies affecting the safety or protection of persons or the Work, or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or County, is obligated to act to prevent threatened damage, injury, or loss. The Contractor shall give the Engineer prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby.

In addition, Contractor shall be responsible for ensuring that all contractors and subcontractors meet all insurance requirements and shall provide these certificates of insurance to Larimer County if requested.

Prior to commencement of any work, contractor shall forward Certificates of Insurance to Larimer County Purchasing, 200 W. Oak St., Suite 4000, Fort Collins, Colorado 80521. The insurance required shall be procured and maintained in full force and effect for the duration of the Contract and shall be written for not less than the amounts listed on the Insurance Requirements document attached the bid package, or greater if required by law. Certificate Holder should be Larimer County at the above address.

Delete subsection 107.25(b)5 and replace it with the following:

1. At least ten days prior to the beginning of construction the Erosion Control Supervisor (ECS) shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharge. The ECS shall assess the potential of these sources to contribute pollutants to stormwater discharges associated with construction activities. At a minimum each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges, and identified in the SWMP if found to have such potential : all exposed and stored soils; vehicle tracking of sediments; management of contaminated soils; vehicle and equipment maintenance and fueling; outdoor storage activities (building materials, fertilizers, chemicals, etc.); significant dust or particle generating processes; routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; on-site waste management practices (waste piles, dumpsters, etc.); dedicated asphalt and concrete batch plants; concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment;

non-industrial waste sources that may be significant, such as worker trash and portable toilets; loading and unloading operations; and other areas or procedures where potential spills can occur. The Contractor shall provide a Spill Prevention, Control, and Countermeasure Plan (SPCC) for any petroleum product, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. Work shall not be started until the plan has been submitted to and approved by the Engineer.

The ECS shall record the location of potential pollutants on the site map. Descriptions may be added to the site map or may be added as an addendum to the SWMP notebook.

REVISION OF SECTION 108

PROSECUTION AND PROGRESS

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

In subsection 108.01 delete the first paragraph and replace with the following:

The Contractor shall submit a completed Certificate of Intent to Sublet, Larimer County Engineering Form 276, as part of the bid. In accordance with the special provision to subsection 103.01 of these specifications, the County reserves the right to reject any subcontractor listed on this form and negotiate for a substitute subcontractor. Any change from this list of subcontractors must be approved in writing by the Engineer. The Contractor shall make all project related written subcontracts available to the Engineer for viewing, upon request, and at a location convenient to the Engineer.

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

The Contractor shall commence work under the Contract on or prior to the 30th day following the date of award or in accordance with the selected start date allowed in the special provisions.