A002.pdf

TABLE OF CONTENTS

Notice to Bidders ................................................................................................................... A-i

Solicitation, Offer, and Award .............................................................................................. A-1

Basis for Award & Bid Schedule Instructions ..................................................................... A-4

Bid Schedule ........................................................................................................................ A-5

Solicitation Provisions ...........................................................................................................B-1

Contract Clauses ....................................................................................................................C-1

Davis Bacon Wage Determination ........................................................................................ D-1

Division 100 ........................................................................................................................... E-1 Division 150 ......................................................................................................................... E-22 Division 200 ......................................................................................................................... E-30 Division 300 ......................................................................................................................... E-44 Division 400 ......................................................................................................................... E-45 Division 500 ......................................................................................................................... E-48 Division 600 ......................................................................................................................... E-53 Division 700 ......................................................................................................................... E-60

APPENDICES

Appendix A ............................................................ Sample Small Business Subcontracting Plan Appendix B .......................................................................................................... 404/401 Permit

SPECIAL CONTRACT REQUIREMENTS (SCRs)

The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects

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NOTICE TO BIDDERS

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Modifications to Bids - Bids may be modified or withdrawn by facsimile or telegraphic notice, if such notice is received prior to the time specified for receipt of bids. The Government will not be responsible for ANY failure attributable to the transmission or receipt of telegraphic or facsimile data.

For all modifications, we STRONGLY ENCOURAGE you to resubmit the entire bid schedule with a unit price and amount for every bid item, and a Schedule Total. See FAR Provision 52.214-5, Submission of Bids. Modifications which make the bid ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the bid to be rejected as nonresponsive.

FAX Number to submit modifications to bids for this project is (720) 963-3360

II. Post Award Information.

Subcontracting - FAR Clause 52.219-8, Utilization of Small Business Concerns states that Prime Contractors afford small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns the maximum practicable opportunity to participate in performing contracts let by any Federal agency.

FAR Clause 52.219-9, Small Business Subcontracting Plan, Alternate I, requires that the large business concern who is the successful low bidder on a Federal project with an anticipated award amount exceeding $1 million, is required to submit a subcontracting plan prior to contract award. The subcontracting plan expresses goals in terms of percentages of total planned subcontracting dollars for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. To view and download a sample plan for subcontracting requirements, visit http://www.cflhd.gov/contracting/construction/ReferenceLinks.cfm.

Prime Contractors, who are large businesses, are encouraged to post sources sought notices at the Small Business Administration’s Subcontracting Network (SUB-NET) http://web.sba.gov/subnet/ so that small businesses can identify opportunities in their areas of expertise. The use of SUB-Net fulfills the requirements set forth in Federal Acquisition Regulation (FAR) 5.206, Notice of Subcontracting Opportunities, for contractors and subcontractors to post notices and thereby increase competition for subcontracts. If the apparent successful low bidder fails to submit an acceptable subcontracting plan with their bid package, that bidder may be ineligible for award of the contract.

A list of currently known business concerns owned and controlled by socially and economically disadvantaged individuals and/or women-owned small business concerns that have indicated an interest in participating in highway construction is available at http://www.sam.gov

Insurance requirements - See Subsection 107.05 of the FP-14.

EEBACS - Contractors shall use the Government’s web-based system, Engineer’s Estimating, Bidding, Award, and Construction System (EEBACS), to prepare all “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes).

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

The Contractor shall be required to submit a user account form to gain access to the EEBACS system. See Subsection 108.01.

A user guide, “EEBACS for Construction Contractors”, is available. An electronic version can be found at http://flh.fhwa.dot.gov/resources/pse/estimate/guide.htm

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CO ER 94/81/106(1)

BOULDER COUNTY LEFTHAND CANYON DRIVE

Section 101. – TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms. Add the following:

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

GSA – General Services Administration

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

A — ampere electric current

ac. — acre area BTU — British Thermal Unit energy

cu. in. or in3 — cubic inches volume

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

cu. yd., cy, yd3 or CUYD — cubic yards volume D — day time deg. or º — degree plane angle Fc — foot-candles luminous intensity

fl. oz. — fluid ounces volume

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

hr. or HR — hour time Hz — hertz (s-1) frequency

in. or " inch or inches length K — kelvin temperature lb or LB, lbs — pound, pounds mass Lbf — pound-force force lnft or LNFT linear foot length

mi. — miles length min. or m — minute time min. or ' — minute plane angle ºF — degrees Fahrenheit temperature

oz. — ounces mass Psi — pounds/square inch pressure Q — cubic feet/second flow rate sec. or s — second time sec. or " — second plane angle

sq. in. or in2 — square inches area

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

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

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101.04 Definitions.

Add the following:

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

Roadway Prism Delete the text and substitute the following:

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

Subcontractor Delete the text and substitute the following:

Subcontractor – An individual or legal entity with which the Contractor sublets part of the work.

This includes subcontractors and material suppliers at any tier.

Section 104. – CONTROL OF WORK

104.03 Specifications and drawings.

(b) Specific requirements for concrete and miscellaneous structures:

Delete (b)(1)(e) and add the following:

(2)(o) Provide fabrication drawings for prestressed members per this section and section 553.

Provide design calculations for design of the prestressed members per this section and Section 553.

Calculations shall be annotated to the applicable AASHTO LRFD Bridge Design code provisions. Format of the calculations shall be clear and provide the ability to be independently checked without rigorous effort.

Section 105. — CONTROL OF MATERIAL

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

Materials containing petroleum-based solvents such as cutback asphalts and traffic paints may be restricted from use by local laws or ordinances in certain geographic areas. Upon presenting

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• 40105-1000 Antistrip Additive, Type 1

• 41101-1000 Prime Coat, Method 1

• 41201-0000 Tack Coat

• 61701-1200 Guardrail System G4, Type 2, Class A, Steel Posts

• 62510-2000 Seeding, Hydraulic Method

• 62515-2000 Mulching, Hydraulic Method

• 63301-0000 Sign System

• 63309-0000 Delineator

• 63401-0000 Pavement Markings, Type D, Solid

Add the following:

Use the Government’s web-based system, Engineer’s Estimating, Bidding, Award, and Construction System (EEBACS), to prepare all “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes and field measurement documentation).

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

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

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

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

The electronic version of EEBACS-001 is available at:

http://flh.fhwa.dot.gov/resources/pse/estimate/accounts.htm

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

Within 14 days of subcontract award, submit a completed SF 1413 and 1413S. Complete Part I for each Subcontractor, and include Part II when the Subcontractor performs on-site work. Complete other forms that may be required by the Government to show the work subcontracted and the total dollar amount of the subcontract. Submit the above required information for each Subcontractor at lower tiers.

108.04 Failure to Complete Work on Time. Add the following:

Interim Completion Date Incentive and Disincentive: For Schedule A, complete all work up to and including the placement and final acceptance of 30101-0000 Aggregate Base. This includes the completion of all work under Schedule A, with the exception of the following items:

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• 40101-5600 Asphalt Concrete Pavement, Gyratory Mix, ½-Inch or ¾-Inch Nominal Maximum Sixe Aggregate, 0.3 to <3 Million ESAL

• 40105-1000 Antistrip Additive, Type 1

• 41101-1000 Prime Coat, Method 1

• 41201-0000 Tack Coat

• 61701-1200 Guardrail System G4, Type 2, Class A, Steel Posts

• 62510-2000 Seeding, Hydraulic Method

• 62515-2000 Mulching, Hydraulic Method

• 63301-0000 Sign System

• 63309-0000 Delineator

• 63401-0000 Pavement Markings, Type D, Solid

The incentive and disincentive schedule for this work is listed in table 108-3. The amount of interim completion incentive payment is $100,000.00, if the work is completed by May 26, 2016. Any delays due to weather, change orders, overruns of quantities, utility delays, or any other delays whether Government caused or not, will not result in modification of the incentive date, May 26, 2016. A disincentive will be assessed starting May 31, 2016 as shown below.

Table 108-3

Interim Completion Date Incentive Amount Disincentive Amount May 26, 2016 100,000.00$ -$ May 27, 2016 -$ -$ May 31, 2016 -$ 5,000.00$ June 1, 2016 -$ 10,000.00$ June 2, 2016 -$ 15,000.00$

Interim Completion Incentive and Disincentive Dates

Section 109. — MEASUREMENT AND PAYMENT

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

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

109.02 Measurement Terms and Definitions.

The disincentive amount shall continue at the rate of an additional $5,000.00 for each allowable work day after June 2, 2016 until the Schedule A work is complete as described above. The maximum amount of disincentive is $100,000.00. The disincentive dates are subject to delays due to weather, change orders, overruns of quantities, utility delays, or any other delays whether Government caused or not according to 52.249-10 Default (Fixed Price Construction).

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

109.08 Progress Payments.

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

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

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

The Government’s receiving report will be developed using the measurements and quantities from Pay Notes received by the CO in EEBACS and determined acceptable.

(e) Processing progress payment requests.

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

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

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

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), or if any of the quantities or unit prices shown on the Contractor's invoice exceed the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be deemed defective and the Contractor so notified according to FAR Clause 52.232-27(a)(2). Defective invoices will not be corrected by the Government and will be returned to the Contractor within 7 days after the Government's designated billing office receives the invoice.

Revise and resubmit returned invoices by the 18th day following the closing date. The CO will evaluate the revised invoice. If the invoice still does not meet the requirements of Subsection 109.08(c), the Contractor will be so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month. Correct the deficiencies and resubmit the invoice the following month.

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

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Section 153. — CONTRACTOR QUALITY CONTROL

Description

153.01 Add the following:

This work also consists of using EEBACS to prepare electronic “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports) and measurement notes (pay notes), including entering labor, equipment, subcontractors, and inspection records into the system.

Construction Requirements

153.02 Qualifications.

(a)(1) Full-time, on-site QCM. Add the following:

(4) A degree from a 4-year construction management, construction engineering, or similar program, and having at least 3 years’ experience as (a) a highway construction contractor foreman, project engineer, or equivalent, or (b) a federal or state highway construction lead inspector or equivalent.

153.03 Quality Control Plan (QCP).

(b) Quality control procedures

(2) Add the following: List the material to be tested by pay item, tests to be conducted, the location of sampling, and the frequency of testing.

Add the following:

(d) Subcontractors and suppliers. Include the work of all subcontractors. If a subcontractor is to perform work under this Section, explain how the subcontractor’s inspection plan will interface with the Prime Contractor first tier subcontractors and lower tier subcontractors and organizations, and the CO. Include the work of major suppliers and suppliers of structural and geotechnical services and materials.

Add the following:

Modifications or additions may be required to any part of the plan that is not adequately covered.

Acceptance of the quality control plan will be based on the inclusion of the required information.

Acceptance does not imply any warranty by the Government that the plan will result in consistent contract compliance. It remains the responsibility of the Contractor to demonstrate such compliance.

153.04 Prosecution of Work. Delete the sentence and substitute the following:

Address each of the subjects shown for each phase of construction:

(a) Preparatory phase.

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The CO may require a demonstration of proficiency in sampling and testing capabilities. One or more proficiency samples may be provided by the Government to verify basic qualifications.

Provide the results of the proficiency samples to the CO within 48 hours of receipt of the material.

153.06 Certifications. Delete the text and substitute the following:

For materials or work accepted by certification according to Subsection 106.03, review all certifications to insure compliance with the requirements of the contract prior to incorporating materials into the work and provide a signed copy of the reviewed certification(s) to the CO. According to FAR Subpart 46.407, materials or work without proper certification will be rejected in writing, and payment for such material or work will be withheld until proper certification has been provided to the CO.

153.07 Records and Control Charts. Delete the first sentence and substitute the following:

Maintain complete testing and inspection records by pay item number and make them accessible to the

CO.

(a) Quality control and construction operations reports. Delete the text and substitute the following:

For each day of the contract, prepare an “Inspector’s Daily Record of Construction Operations” (Contractors Daily Reports (CDR)) using EEBACS. Enter initial data for Labor/Equipment and Subcontractors prior beginning any work. Maintain and update the Labor/Equipment and Subcontractors data to reflect ongoing changes as they occur. Report operations or items of work separately, with manpower and equipment assigned to each operation separately. Detail inspection results, including deficiencies observed and corrective actions taken. Complete a CDR for each contractor and subcontractor working that day.

When submitting test results on material being incorporated into the work, report test results within the reporting times indicated in the sampling and testing requirements at the end of each section or as specified in the contract.

Enter the following data into EEBACS:

(1) Subcontractors data.

(2) Labor/Equipment.

(a) All manpower and equipment, including contractor and subcontractors. Complete all data fields.

(b) Labor: Type/classification, move-in date, move-out date, hourly rate, the contractor or subcontractor, and name.

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(c) Equipment: Type/classification, move-in date, move-out date, make, model, and year of equipment manufacture.

Certify all CDR’s using the following statement:

“It is hereby certified that the information contained in this record is accurate and that all work documented herein complies with the requirements of the contract. Any exceptions to this certification are documented as part of this record.”

Submit certified CDR’s that have been signed by a person who has both responsibility for the inspection system and signature authority.

Submit the record and certification within 24 hours of the work being performed. If the CDR is incomplete, in error, or otherwise misleading, the CDR will be rejected and returned within EEBACS with corrections noted. Correct rejected CDRs and resubmit the revised CDR within 24 hours. When chronic errors or omissions occur, correct the procedures by which the records are produced.

153.08 Acceptance. Add the following:

Performance of the work may be stopped according to Subsection 108.05, either in whole or in part, for failure to comply with the requirements of this Section. The Government may charge to the Contractor the cost of any additional inspections required when the work being inspected is found not to comply with contract requirements during the initial inspection. Work stop orders, due to recurring deficiencies of work required by this Section, will be rescinded after the Contractor demonstrates to the CO that changes were made to the quality control plan and system which resulted in the correction of those deficiencies.

There will be no adjustment in the contract time, or payments to the Contractor for any impacts, delays or other costs due to any periods of work stoppage resulting from failure to comply with the requirements of this Section.

EEBACS electronic documentation will be evaluated under Subsection 106.02.

153.09 Measurement and Payment. Delete the text and substitute the following:

Measurement

153.09 Measure contractor quality control according to Subsection 109.02.

Do not measure EEBACS electronic documentation for payment.

Payment

153.10 The accepted quantities will be paid at the contract price per unit of measurement for the Section 153 pay item listed in the bid schedule. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05.

Progress payments for Contractor quality control will be paid as follows:

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APPENDIX B

404/401 Permits

State of Colorado Water Quality Certification fulfilling the requirements of Clean Water Act Section 401

Introduction: The Colorado Water Quality Control Division (WQCD) reviews and issues Water Quality Certifications under Section 401 of the federal Clean Water Act (CWA) for projects or actions that are applicable to the provisions of the Colorado 401 Certification Regulation (WQCC Regulation #82: 5 CCR 1002-82). A CWA §401 Water Quality Certification is required for any federal license or permit that is issued to construct or operate a facility, which may result in any fill or discharge into the navigable waters of the United States.

Required Submittals: Revisions to Section

82.4 of the Regulation require the applicant to submit to the WQCD:

• Copy of the CWA Section 404 Permit

Application.

• Project site plan.

• List or description of the Best

Management Practices (BMPs) associated with the project: Depending on the type of project involved, BMPs can be either design features or construction specifications. State certification will not proceed without submittal of these items.

Certification Process: The WQCD certification process involves the following steps:

1. Preliminary review of proposed project.

2. Public notice (30 days)

3. Review of public comments.

4. Final water quality certification decision for proposed project.

Nationwide CWA §404 Permits: Under the Colorado 401 Certification Regulation, all nationwide permits are certified by statute and do not require a certification by the WQCD. Applicants for Nationwide Permits do not need to submit any information or documents to the WQCD.

Individual CWA §404 Permits: The following is a summary of the major requirements that shall apply to all water quality certifications for individual permits or licenses. For a complete list of requirements, please refer to regulation (WQCC Regulation

#82: 5 CCR 1002-82).

• Discharges of dredged or fill material in excess of that which is necessary to complete the project are not permitted.

• Discharges to state waters not identified in the license or permit and not certified in accordance therewith are not allowed, subject to the terms of any 401 certification.

• The project shall incorporate BMPs into the project to assure compliance with the Clean Water Act and any other conditions placed in the permit or certification. All such provisions shall be identified and compiled in an operation and maintenance plan which will be retained by the project owner and made available for inspection within a reasonable timeframe upon request by any authorized representative of the Division. Authorized representatives from the Division shall be permitted to enter upon the site for inspection purposes.

• Construction operations within watercourses and water bodies shall be restricted to only those project areas specified in the federal license or permit.

No construction equipment shall be operated below the existing water surface unless specifically authorized by the 401 water quality certification issued by the Division.

• The permittee shall notify the Division immediately upon discovery that certification conditions are not being implemented as designed, or if there is an excedences of any water quality standards.

• The Division shall be notified immediately upon discovery of any spill or other discharge to waters of the state not authorized by the applicable license or permit.

• In the event of any changes in control or ownership of facilities where the construction activity or operation of the project is taking place, the successor shall be notified in writing by his predecessor of the existence of the BMPs and certification conditions. A copy of such notification shall be provided to the Division.

• The use of chemicals during construction and operation shall be in accordance with the manufacturers’ specifications.

• All solids, sludges, dredged or stockpiled materials and all fuels, lubricants, or other toxic materials shall be controlled in a manner so as to prevent such materials from entering state waters.

• All seed, mulching material and straw used in the project shall be state-certified weed-free.

For More Information on Colorado Water Quality Certifications: Additional information, including the Colorado 401 Certification Regulation can be found on the internet at: www.cdphe.state.co.us. For additional information or questions please contact the WQCD representative:

John Hranac or Christy Pickens

WQCD-WSP-EDU-B1

Colorado Department of Public Health & Environment 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 john.hranac@state.co.us

(303) 692-3586 christy.pickens@state.co.us

(303) 692-3584 mailto:john.hranac@state.co.us mailto:aimee.konowal@state.co.us