S DOUGLAS COUNTY

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2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2013-030, TF 2013-039

PRIOR TO SUBMITTING A BID PROPOSAL FOR THIS PROJECT, THE BIDDER SHALL HAVERECEIVED PRE-QIJALIFICATION STATUS (ACTIVE STATUS) WITH THE COLORADODEPARTMENT OF TRANSPORTATION (CDOT) TO BID ON INDIVIDUAL PROJECTS OF THESIZE AND KIND OF WORK AS SET FORTH IN THE CONTRACT DOCUMENTS. THE BIDDERSHALL BE REQUIRED TO PRODUCE DOCUMENTED EVIDENCE VERIFYING THAT THEBIDDER'S ACTIVE STATUS EXISTED PRIOR TO THE BID OPENING, FAILURE TO PRODUCESAID EVIDENCE WILL DISQUALIFY THE BIDDER FROM BEING ELIGIBLE FOR AN AWARDOF THIS CONTRACT.

For use with the Colorado Department of Transportation (CDOT) Standard Specificationsfor Road and Bridge Construction, Dated 2011; CDOT Standard Plans, Dated July, 2012; asrevised, and Douglas County Roadway Design and Construction Standards; as revised May,2013.

PRE-BID CONFERENCE: WEDNESDAY, FEBRUARY 12, 2014 at 10:00 A.M.

BID-OPENING: TUESDAY, FEBRUARY 18, 2014 at 2:00 P:M.

This is a Completion Date Contract. The Contract Time of 60 calendar days will beused to determine the Completion Date, once the Notice to Proceed is established. Noextension of the contract time shall be allowed for inclement weather, foreseeable causes orconditions under control of the Contractor. If all work under the Contract is not completedon or before the specified Completion Date, Contract Time shall be assessed for eachadditional calendar day in accordance with Subsection 108.08 (a) 2 - Determination andExtension of Contract Time. All requests for extensions must be submitted in writing withinseven (7) days in accordance with Subsection 108.08 (d). Liquidated Damages will bechargei accordance with Subsection 108.09 Failure to Complete Work on Time.Appr

Leonard Cheslock, P.E., Traffic Engineering/Traffic Operations Manager

AThy tetter, Project Engineer

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Frederick 1-1. Koch, P.E., Pub ic Works Engineering Director

QqZDOUGLAS COUNTY

COIORADONi

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CONTRACT DOCUMENTSAND

CONSTRUCTION SPECIFICATIONSDOUGLAS COUNTY

2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TF 2013-024,

TF 2013-030, TF 2013-039

TABLE OF CONTENTS

Page

INVITATiON TO BID 4

NOTICE TO BIDDERS 5

BID DOCUMENTS:* Bid Proposal 11

* Bid Schedule 12tBidBond 14* Project Addenda 16* Statement of Bidder's Qualifications 17* Non-Collusion Affidavit of Prime Bidder 21

Agreement 23Payment Bond 30Performance Bond 31

Warranty 33Notice of Intent to Award 34Notice to Proceed 35Owner's Payment Policies 36

*Shall be completed and Submitted with Bid

DOUGLAS COUNTY STANDARD SPECIAL PROVISIONS: Page

Revision of Section 101 Definitions and Terms (May 15, 2013) SSP 3

Revision of Section 103 Award and Execution of Contract (January 1, 2013) SSP S

Revision of Section 104 Scope of Work (January 1,2013) SSP 6

Revision of Section 105 Control of Work (July 11,2013) SSP 10

Revision of Section 107 Legal Relations andResponsibility to Public (May 15, 2013) SSP 21

Revision of Section LOS Prosecution and Progress (January 1,2013) SSP 25

Revision of Section 109 Measurement and Payment (January 1,2013) SSP 28

2


TF 2013-030, TF 2013-039

TABLE OF CONTENTS- continued -

PROSE SPECIAL PROVISIONS: Page

Notice to Bidders PSP-3Commencement and Completion of Work PSP-4Revision of Section 105 Control of Work PSP-5Revision of Section 202 Removal of Structures and Obstructions PSP-6Revision of Section 208 Erosion Control pSp-7Revision of Section 608 Sidewalks and Bikeways PSP-8Revision of Section 609 Curb and Gutter PSP-10Revision of Section 610 Median Cover Material PSP- 11Revision of Section 630 Construction Zone Traffic Control PSP-12Force Account Items PSP-15

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OWNER:

Separate sealed bids for the:

Will be received at:

INVITATION TO BID

Douglas County GovernmentDepartment of Public Works EngineeringPhilip S. Miller Building100 Third Street, Suite 220Castle Rock, CO 80104

2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TF 2013-024,TF 2013-030, TF 2013-039


Until 2:00 P.M. (local time), TUESDAY, FEBRUARY 18, 2014. The Contract Documents maybe examined after 10:00 A.M., MONDAY, FEBRUARY 3, 2014 at the following location:


Copies of the Contract Documents may be obtained after 10:00 A.M., MONDAY, FEBRUARY 3,2014 at the same location upon payment of $35.00 for each set. The S35.00 is non-refundable.

Bid opening will be conducted at 2:00 P.M. on: FEBRUARY 18, 2014 at:


Owner: Douglas County GovernmentBy: Amy Branstetter, Project Engineer

A Pre-Bid conference will be held at 10:00 A.M. on WEDNNESDAY, FEBRUARY 12, 2014 at:


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NOTICE TO BIDDERS

Bidding Documents: The Bidding Documents shall include the Information for Bidders, the Plansand Specifications for the project, the Bid Proposal, Bid Bond, all Addenda issued during thebidding process, Statement of Bidders Qualifications and Non-collusion Affidavit of Prime Bidder.

Receipt of Bids - Bids will be received by:

Douglas County GovernmentDepartment of Public Works EngineeringPhilip S. Miller Building100 Third Street, Suite 220Castle Rock, CO 80104Attn: Amy Branstetter, Project Engineer

until 2:00 P.M., local time, TUESDAY, FEBRUARY 18, 2014

Submission of Bids - All Bids must be submitted on the form provided in the BiddingDocuments and in a sealed envelope addressed to Douglas County Engineering Division at theaddress above. Each envelope shall state on the outside, Bid for 2013 TRAFFICENGINEERING PEDESTRIAN PROJECTS, DOUGLAS COUNTY PROJECT NUMBERTF 2013-024, TE 2013-030, TF 2013-039 and shall state the name and address of the Bidder.

All blank spaces in the Bid Form must be completely filled out in ink or typewritten whensubmitted. All Bid Documents shall be filled out completely and submitted in total. Where a blankspace answer does not apply to Bidder, insert N/A. THIS IS A REQUIREMENT FOR ALLBIDDERS SUBMITTING BIDS FOR THIS PROJECT.

All information submitted in response to this may be subject to disclosure under the Open RecordsAct. Bidders are discouraged from providing information that the Bidder considers confidentialand/or privileged as part of a response to this invitation.

Examination of Contract Documents and Project Site Before submitting any Bid, the Bidder shallexamine the Contract Documents as defined in the General Conditions, including all Addenda, theProject Site, and become totally familiar with each. Any inconsistencies, ambiguities, errors oromissions found in the Contract Documents or at the Project Site shall be brought immediately tothe attention of the County Representative.

The submission of a Bid shall be a representation by the Bidder that he has complied with therequirements of the above paragraph.

The field conditions set forth shall not constitute a representation or warranty, expressed or implied,that such conditions are actually existent. Bidders shall make their own investigations and formtheir own estimates of the actual site conditions.

S

No claim that there was any misunderstanding as to the quantities, conditions, or nature of the workwill be entertained after submission of Bids. Any questions during the bidding process can beaddressed to the following County Representative: Amy Branstetter, Project Engineer at303.660.7490 or by fax at 303.379.4198.

Specifications and Plans - The work embraced herein shall be in accordance with CDOT StandardSpecifications for Road and Bridge Construction, dated 2011; the CDOT Standard Plans, datedJuly, 2012, as revised; and in accordance with the Douglas County Roadway Design andConstruction Standards, revised May, 2013, insofar as the same may apply, and in accordance withthe plans and these special provisions.

Interpretation of Contract Documents - The Bidder shall present all questions requiring aninterpretation of the Contract Documents in writing to the County Representative. If the CountyRepresentative's decision requires a modification of the Contract Documents, such modificationshall be contained in an Addendum, which shall be sent to all Bidders having received copies of theContract Documents. All Addenda issued by the County Representative shall become part of theContract Documents and shall have been considered and included as part of any Bid. Any decisionsor interpretations by the County Representative, which are not contained in any properly issuedAddendum, shall have no effect.

Addenda - When interpretations of the Contract Documents are requested, or if errors, omissions,ambiguities, discrepancies or inconsistencies have been brought to the attention of the CountyRepresentative, and a modification of the Contract Documents is required, the CountyRepresentative shall issue an Addendum containing all pertinent information. Such Addenda shallbe sent to all Bidders having received a copy of the Contract Documents and shall become a part ofthe Contract Documents. The County may elect to issue project Addenda by either mail or faxto the Contractor / Plan Holders in order to be incorporated into the Contract Documents.

Modification and Withdrawal of Bids - Bids may be modified or withdrawn at any time prior to theopening of Bids. All modifications or withdrawals must be in writing and must arrive at the placewhere Bids are accepted prior to the time for the opening of Bids. A Bid modification shall notreveal the total amount of the original Bid.

Bonds - Each Bid shall be accompanied by pash, certified check or a Bid Bond on the formprovided in the Bidding Documents payable to the Owner, in an amount not less than five percent(5%) of the total Bid. The Owner shall retain the Bid Bond of any Bidder that the Owner believesto have a reasonable chance of receiving the award of the Contract until the successful bidderexecutes the Agreement with the Owner and provides the Owner with a Performance Bond,Payment Bond, -Certificates of Insurance, and Warranty required by the Bidding Documents. Allother Bid Bonds shall be returned to the respective bidders within ninety (90) calendar days of theopening of Bids. ANY BID NOT ACCOMPANIED BY A CONFORMING BID BOND INTHE AMOUNT OF AT LEAST FIVE PERCENT OF THE BID PRICE WILL BEREJECTED AND WILL NOT BE READ.

If the BID BOND submitted is determined to be non-conforming after the Bid has been read,then that Bid will be determined to be non-conforming and will be rejected.

If the successful bidder fails to execute a Contract with the Owner within ten (10) days of thereceipt of the Notice of Intent to Award, the Owner shall retain his Bid Bond as liquidated damages.

6

PAYMENT BOND AND A PERFORMANCE BOND, each in the amount Of 100 percent (100%)of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required forthe faithful performance of the contract and payment of the subcontractors, material supplies andlaborers.

Attorneys-in-Fact who sign BID BONDS, PAYMENT BONDS AND PERFORMANCE BONDSmust file with each BOND a certified and dated copy of their Power of Attorney.

Applicable Laws - The submission of a Bid shall be a representation by the Bidder that he hasfamiliarized himself with all laws applicable to the Project and will comply therewith throughoutthe Contract.

Award of the Contract The award will be made to the lowest responsive, responsible Bidder, whowill serve the best interests of the Owner, and the Owner reserves the right to make thisdetermination. Award may be made for any one section of the Bid Form separately, for the totalBid, or for any combination thereof

The Owner reserves the right to accept or reject any and all Bids, to waive any informality ortechnicality in any Bid, and to disregard all non-conforming, non-responsive, conditional orAlternate Bids whenever such rejection or waiver is in the County's best interest. Before makingany award of a contract, the Owner will investigate any Bidder in such manner as it deemsappropriate to determine the qualifications of that Bidder to perform the work under the Contract.

Statement of Bidder's Qualifications In addition to the prequalification of Bidders, as referred to inSection 102.01 "Prequalification of Bidders," of the CDOT Standard Specifications for Road andBridge Construction, Dated 2011, a Statement of Bidder's Qualifications shall accompany theproposal. A form for this statement will be found following the Project Addenda Form.

Prior to submitting a Bid Proposal for this project, the Bidder shall have receivedprequalilication status (active status) with the Colorado Department of Transportation to bidon individual projects of the size and kind of work as set forth in the General Statement.

Notice of Intent to Award The Owner shall notify the successful bidder, in writing, in accordancewith Section 103 of the Douglas County Standard Special Provisions (SSPs), as revised. TheNotice of Intent to Award will be accompanied by this Agreement and the necessary Bond Forms.Within ten (10) days of the date of the Notice of Intent to Award has been issued, the successfulbidder shall present, properly executed, a Payment Bond, Performance Bond, the necessaryCertificates of Insurance and Warranty required by the Contract Documents, all other formalContract Documents and sign the Agreement.

Failure to Execute this Agreement - In the event that the successful bidder/contractor fails toexecute this Agreement, or provide a properly executed Performance Bond, Payment Bond, thenecessary Certificates of Insurance, and Warranty as required by the Contract Documents, theOwner may elect to hold the Bidder in default and retain the Bid Bond as liquidated damages.

7

After the Notice of Intent to Award has been issued, if the Owner fails to execute this Agreementwithin sixty (60) days of receipt of a properly executed Payment Bond, Performance Bond, receiptof the necessary Certificates of Insurance and Warranty required by the Contract Documents, andall other formal Contract Documents, then the successful bidder may, by written Notice to theOwner, withdraw from the Agreement.

Notice of Withdrawal shall be effective upon receipt by the Owner and shall not be cause of theOwner to retain the Bid Bond of the successful bidder.

Notice to Proceed The Notice to Proceed, stating the date on which the work is to commence, shallbe issued within thirty (30) days of the execution of this Agreement by the Owner and theContractor.

Tax Exemptions - The Bidder shall determine those sales taxes from which the Owner may beexempted.under Colorado law that may be applied to purchases required for the Project and excludeall such sales taxes from his Bid. The Owner shall provide all pertinent tax-exempt certificates.

Substitution of Materials or Equipment - All Bids are to be based on those materials and equipmentspecified in the Contract Documents. The County Representative shall be the sole judge of theacceptability of substitute materials and equipment and may accept or reject such substitutes at anytime. If a Bid is based on substitute material or equipment, the Owner may require a Bidder tosupply those materials or equipment specified in the Contract Documents at no increase in contractprice and with no extension of the period of performance.

Owner - The Owner of this project is the Board of County Commissioners of Douglas County,whose address is 100 Third Street, Suite 220, Castle Rock, Colorado 80104.

County Representative - The County Representative for this Project is:Amy Branstetter, Project Engineer303.660.7490

Commencement of Work and Time of Completion Attention is directed to the provisions inSection 108 - "Prosecution and Progress," of the CDOT Standard Specifications, the DouglasCounty Standard Special Provisions (SSPs), the Douglas County Project Special Provisions (PSPs)and to the information below.

The Contractor shall commence work on or before the tenth day following the date stipulated in the"Notice to Proceed" and shall diligently prosecute the work to completion before the expiration ofthe contract time. Contract time for this Completion Date Contract project will be 60 calendardays.

Contract time shaH be charged commencing with the date stipulated in the "Notice toProceed."

This Completion Date Contract may extend through the winter months of December, January,February and March, which has been accounted for in determining the completion date. DouglasCounty reserves the right to suspend all or parts of the work during these months, if the Countydetermines (at its sole discretion) that it is in the best interest of the County to do so. Anyanticipated suspension of work will be addressed in the "Special Instructions/and or information

8

to the Contractor" portion of the Contract, and no additional compensation will be granted to theContractor.

The Contractor shall have a period of fifteen (15) days after award of the Contract for submissionof data substantiating any request for a substitution of an "equal" item.

Liquidated Damages - The Contractor shall pay to Douglas County a sum determined from theschedule of liquidated damages set forth in Subsection 108.09 "Failure to Complete Work onTime,!' of the CDOT Standard Specifications for Road and Bridge Construction, or as revised, perday for each and every calendar day of delay in completing all or any designated portion, of thework called for under the Contract, in all parts and requirements, within the time set forth in thesespecial provisions.

Pre-Bid Conference Minutes Bidders are strongly encouraged to attend the Pre-Bid Conferencescheduled for 10:00 A.M., WEDNESDAY, FEBRUARY 12, 2014. The purpose of the Pre-BidConference is to allow Bidders an opportunity to ask questions and seek clarification on any issuesthey may have concerning the project.

Pre-Bid Conference Minutes will not be considered part of the Contract Documents. If any Pre-BidConference Minutes are prepared by Douglas County, the minutes may be made available to theplan holders for pick up only at:


The County will not fax or mail copies of the Pre-Bid Conference Minutes. Plan holders cancontact the Douglas County Department of Public Works Engineering, Engineering DivisionReceptionist at 303.660.7490 after the Pre-Bid Conference regarding the availability of the Pre-BidConference Minutes.

Special Instructions and/or information to the Contractor:

The County anticipates construction to start on or around March 2014.

Engineer to identify one of the following:Standing DRB Yes_ NoXOn Demand DRB Yes X No

9

BID DOCUMENTS

FOR CONSTRUCTION OF


TF 2013-030, TE 2013-039

SEALED BID REQUIREMENTS

NOTE: Bid Documents, including the Bid Proposal, the Bid Guaranty, the Project Addenda, theStatement of Bidder's Qualifications and the Non-Collusion Affidavit shall be enclosed in a sealedenvelope and clearly labeled with the words: 2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS, DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2013-030, TE2013-039, Name of Bidder, Date and Time of Bid Opening. Bids shall be delivered to theDepartment of Public Works Engineering, Engineering Division, located in the Philip S. MillerBuilding, 100 Third Street, Suite 220, Castle Rock, CO 80104 and to no other Department of theCounty. Further, the outside envelope shall be marked:

ATTENTION: AMY BRANSTETTER, PROJECT ENGINEER DO NOT OPEN (INLARGE 1- 1/2 INCH LETTERS.)

DOUGLAS COUNTY, COLORADO

DEPARTMENT OF PUBLIC WORKS ENGINEERING

ENGINEERING DIVISION

10

BID PROPOSAL

TO: Douglas Counts' GovernmentDepartment of Public Works EngineeringPhi Np S. Miller Building100 Third Street, Suite 220Castie Rock. CO S0104Attention: Amy l3ranstcttcr, Project Engineer(Owner)

FROM: ite (of\O () r.(hereinafier Bidder)

Amount [he above-named Bidder hereby proposes and agrees to furnish all the necessary labor,materials, equipment, toots and services necessary for 2013 TRAFFIC ENGINEERINGPEDESTRIAN PROJECTS, I)OUGLAS COUNTY PROJECT NUMBER 'IF 2013-024, TF2013-030, TF 2013-039 for the Owner in accordance with the Contract Documents, (Plans andSpecifications) and all other Contract Documents pertaining to the project for the sum ofS I S The Contract amount shall be payable based upon actualmeasuid and approved quantities per the Bid Schedule(s).

Knowledge of Contract Documents and Site The Bidder hereby represents that he has examinedand become litmiliar with all conditions of the Contract Documents associated with the 2013TRAFFIC ENGiNEERING PEDES'rIUAN PROJECTS, DOUGLAS COUNTY PRO3ECTNUMBER TF 2013-024, TF 2013-030, TF 2013-039 and has become familiar with the Projectsite.

Bid Bond Attached to this Bid is cash, certified check, or a Bond in an amount not less than fivepercent (S%) of the amount above, to be retained or returned by the Owner in accordance with theterms of the Contract Documents.

Owner's Rights Reserved - The Bidder understands that the Owner reserves the right to accept orreject any and all Bids and to waive aii' informality or technicality in any Bid in the best interests ofthe Owner. The Bidder acknowtedges that at! Bid Documents described in the Notice to Biddersare El led out completely and attached, and that should any of the B id Documents be missing or notbe completely ii 11cc! out, the Owner may rej eet the entire Bid.

2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUL\IBER IF 2013-024, TE 2013-030, TF 2013-039

RID SChEDULE A CFIAI\IBERS AT ITASELEY TRAIL CROSSING (IF 2013-024)

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202 REMOVAL UI' CONCRETE SSIWWAI.K

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201 REMOV U OF ASIIIA 1.1 I'AVE3I EN1

304 :CGRECATE VASE COURSE (ClASS 6)

joj lOT MIX Asp)IAI.TUATCI)!Nc;)(ASFIIAI;F)

608 CONCRETE SIDEWALK (6 INCh)

1,08 CONCRETE CURl! RAMP (6 INCH)

609 CliP.)) tN!) GlITTER 1i'I'E 2 (SECTION I-li)

609 CUR)) ANt) CUTIERTYIE 2 (SECTION Il-I))

6 INCh MEDLAN COVER MAFERII. (COlORED InTERNEDCONCREIE)

6(0 6 INCh MEDIAN COVER MATERIAI(CONCREFE)

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608 C0NCIIEFE CURB RAM!' (6 NC!!)

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2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUML3EI1 TV 2013-024, TV 2013-030, TV 2013-039

1311) SCHEDULE C - CLENSTONE CIRCLE SOUTH CROSSING (CI 2013-039)

BY SIGNING BELOW AN)) SLIOMI11ING THE 1110 I'ROI'OSAL, TUE BIDDER ACKNOWlEDGES TIM)' FAII.UIOE TO rRODIJCLDOCUMENTED EVII)ENCF. \'ERIFYINCTIIATPRIOR TOTIIE ACTUAL DIDOI'ENING,TIIEBIOI)EI) IS PIIEQLIAI.IFIED BilliECOLORABO DEPART;1ENT OFTRANSI'ORi', TION (CDOTI (ACTIVE STATUS) TO DII) ON INDIVIDUAl. PROJECTS OF 11115 S17.E ANI)KINI) OF WORK AS SET FOUl)) IN TIlE CON'I'RACl' DOCUMENTS, Will. DISQUALI FVT lIE IJIOUFI1 FROM IIEINC ELIGIBLE Full AN.AWA RE) OF TIllS CONTRACT.

ADDITIONALLY, Iii SIGNING BELOW, 'FIlE BII)h)Ehl ACKNO\VI,EDGES Tills IS A CO)Il'I.ETION DAlE CONTRACT AN)) TIlECOMPLETION DAlE \\'IIA. lIE ESTAIII.lSlI El) INI lIE NOTICE TO 'ROCEEI).

I'Iiis 13k! is SlIbDoiLted by:

Corn ally:

RepI'esentalis'e: LCD -J" FCQerSiguatui'e:

Title:

Address: 3 FPhone: 33 -3 -33Fax: - Cf

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1KMNO l)ESCItIJ'IION QUANII1I UNII' UNIt' (:os'i' Cosi'

21)1 RE\IOVAI. OF CONCRETE SIDEWAlK 94 Si H,Do ç3)bcO21)2 REMOVAl, OF ASI'IIALT 'AiLMENT 56 Si /O,DD

6113 CONCRETE SIDEWALK (6 INCh) 67 Si 31co 3I55LD603 CONCRETE CURl) RAMr (6 INCh) I 2 51 HY?Do609 CURD ANI) GUll FR TYI'E 2 (SEC nON 11.13) 115 I.F

MEDIAN COVER MATERIAL(COLOIIED PATTERNED(:ONCIZF;FE) 338 SF

631) CONTRIJCTION ZONE TRAFFIC CONTROL I I.S?Dtz(t 2OCYDOO

700 MINOR CONI'RACF REVISIONS I F/A S 1,500.00 5 1,51111.011

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TOTAL BID FOR SCHEDULES A, B AND C S5\ l\O

(Addiess).

Not Applicable(V'itness as to Priocipal)

Not Applicable

By:

k&rôr L Kroco

39673 East 160th Avenue(Address)

Keenesburq, CO 80643

14

F ORMBiT. BOND

(To be included in Bid Propos'il)

KNOWALL MEN BY THESE PRESENTS.Thätiv thund&igñèd,.Noraa ConcreteConstruction Corporation asPrincipaIand]TtieOhib*CasiiaItInuraneComahy

a Corporation: -

duly oiganized undet the las;s of the State of NH as Surety are-heteby held and finnlybound unto the Board of Cothty Commissioners of Douglas County as Obbgee in the sum of

Five Percent ofArnc,ijntj3icf Dollafd (s 5% ), for the pa)ment oft Inch sum cit and truly to be mad the Principal and Suiety bind omsel\ es, our heirs e\ecutorsadmimsiralors successors md assigns joint1', and set emily flnniyb) these presents

WJ]IEREAS the abo\.e named Pnncip9l submitted a Bid for 2013 TRAFFIC ENGThEERmGPEDESTRIAN Pitomcrs, DOUGLkS COUNTY PROJECt NUMBER fl 2013 024, TF2O1303O, '1F2013M39. : : .

NOW, TItEREFORE, (1) if the Obtigee ,slil aeceptthëBidofEh.Princial ?fld thç ?rincipai.andOhtigee shall e\ecute the Agreement \])1ch is part of these Contract Documents and the Prmcipalshall provide all Bbnds as. required bythe Contract Docüeflth,-añd the PrincIpal shall,, in all otherreect, perform any obligations due th ObBAe as-a reuli of the:submission of its Bid, or (2) IhdObuiee shall rèjdct the Princith' Bid, Or fail to execUte the Areemaitithin thirtyda or recdptfrom the Contractor, thea this obligation shall be-null and void, hut otherwise it shall remain in fujiforce and effect,: Signed and sealed this 18th day of February, 2014.

ArrEST; Noraa Concrete Construction CorriorRtionPRINCILAL

ATTEST:

BY: Not Applicable

(SEAL)

BID BOND-. èáhfiuiièd

(\Viness ato Stiteft) Lee Anne Meaáx2000 S. Colorado Boulevard, Tower II, #900flenvr,CQ30227(Address)

The Qhioc.asuaRyInsuranc CompanySURETY ::H:

(Spvety) eetj usan J. Lattarulo Attorney-in-Fact

62 Maple Avenue, Kecne, NH 03431(Addiess)

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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.ThiyPower of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Certificate No. 63aWO

American Fire and Casualty Company Liberty Mutual Insurance CompanyThe Ohio Casualty Insurance Company WestAmerican Insurance Company

POWER OF ATTORNEYKNO4 ALL PERSONS BY THESE PRESENTS: ThatAranrican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organised under the laws of

the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts. and thastAmericanInsurance Company

is a corporation duty organized underthe laws oFthe State of Indiana (hetbin coltectivelycalled the Companies'). pursuant to ad byaulhority herein set forth, does hereby name,constitute

and appoint, DiLynn Guern; Donald E. Appleby: Ftoriotta Acosta: J. R. Trojan; Kevin W. McMahon: Lindsey Knickerbocker Mark Sweiqat: Sarah Brown'Susan .1. Laharulo: Todd Bertptord

all of the city of Denver slate of CO each individually if there be rrwre than one named, its tnje and lawful attorney-in-fact to make, execute, seal, acknowledge

and deliver, for and on its behatf as surety and as 'ds act aid deed, any and all undertakings, bonds, recognizances and other surety obigations, in pursuance of these presents aid shall

be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons.

iN VI8TNESS ViA-IEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals ot the Companies have been affixed

thereto this 13th day of ..Qsceo2br 2013 -

American Fire and Casualty Company-

The Ohio Casualty Insurance CompanyLiberty Mutual Insurance CompanyWest merican Insurance Company

By:David M, Carey(Assistant SecretarySTATE OF PENNSYLVANIA ss

a COUNTY OF MONTGOf.RY

On this 13th day of December 2013 before me personally appeared Dav M. Carey. who acknowledged himsell to be the Assistant Secretary of American Fire0 w and Casuafty Company, Libetly Mutual Insurance Company, The Ohio Casualty Company, and st American Insurance Company, and hat he, as such, being authorized so to do,' .2 execthe the foregoing instsurnent for the purposes therein contained by signing on behalf of the corporafons by himself as a duly authorized officer.

> IN WITNESS WI-IEREOF, I have hereunto subscribed my name and affixed my natalal seal at Pfyniouth Neeting, Pennsyivania, on the day and year first above written.,,t. r;, "w' r'L 3).,o f'Crt',f,' A- A

By /4Z44 Li2t6-. '' :'' Teresa Pastella Notary Public

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This Power olAttorytey is mede and executed pursuad to and y,authontyof the following By-laws andAudronzatrons of American Ftre and Casualty Company, The Ohto casuaty Insurance

Company, Liberty Mutual Insurance Company, 'irdstAn'iica Insurance Company which resolutions are now in full force and effect rending as follows:

ARTICLE VOFFICERS - Section 12. PoweroiAtlomey.Anyoffceror otherotficial of the Corporation authorized forthat purpose in writing by the Chairman orthe President. and subjectto such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seat,acknowledge and delveras surety any and all undertakings, bonds, recognizances and othersurety obligations. Such atlomeys-in-tact, subject to the inications set Iorth in their respective

powers of attomey, shall have bill power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, kMren soexecuted, such instruments shall be as binding as it signed by the President and attested to by the Sectetary. Any power or authority granted toany representative or attomèy-in-f act underthe provisions of this article may be revoked at any fnw by the Board, the Chairman. the President or by the officer or officers grantingsuch power or authority

ARTICLE XIII Execution of Contracts SECTION 5. Surety Bonds and undertakings. Any officer of the Company authorized for that purpose in whiny by the chairman or the president.aid subject to such tmitations as the chairman or the president may prescribe, shalt appoint such attorneys-in-tact, as may be necessary to act in behalf at the Company to make, execute,seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in theirrespective powers of ahorcey, shall have full power to bind the Company by their signature and execution of any such inst'un-nts and to attach thereto the seal of the Company. Vlien soexecuted such insthrrnents shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-facf as may be necessary to ad on behalfoffhe Company to make, execute, seal, ackrwledge and deliver as surely any and all undertakings, bonds, recognizancesand other suretyobigations.

Authorization By unaninwus consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of theCompany. wherever appearing upon a certified copy of any power of atlomey issued by the Company in connection with surety bonds, shall be vafd and binding upon the Company withthe same force and effect as though manually affixed.

I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company and

VIst Anierican Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by saidCompanies is in full force and effect aid has not been revoked.

IN 'TESItMONY 1ERE0F, I have hereunto set my hand and affixed the seals of said Companies this 18th day of

,-'-: ,;\ ',,i'\By:

Gregory W. Davenport. Assistant Secretary

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PRO.JECT ADDENDA(To be completed and in clii (led as part of the Bid Proposal)

The B 1(1(1 er is req a i red to acknowledge reccip t of all At! ci end a iss 11cc! by the Co (lilt)' for thisProject. The Bidder shall provide the iniormation requested on tIlls page of the ContractDocument. The Bidder shall Ill! in the information for all Addenda as requested below.

Addendum Nuni her Date of Addendum Date Received Aeknov]edtzed Dv

STATEMENT OF BIDDER'S QUALIFICATIONS

2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSl)OUGLAS COUNTY PROJECT NUMBER TF 2013-024, 1'F 2013-030, TF 2013-039

(To be included in Bid Proposal)

DATE SUBMITTEJ) 1% O1H

All (Itlesttons must he answered, and the data given must be clear and comprehensive. Thisstatement must be notarized. If necessary, questions may be answered on separate attached sheets.The Bidder may submit any additional information that is pertinent.

Name of Bidder?

Permanent main office address? 396'}3 E )E3'C nec;lur1Oñ êV3

If a corporation, where incorporated? OlOflcQ

How many years have you been e igaged in this type of construction? Under what firm ortrade names and how long nder eq?h?

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Contracts on hand (show gioss dollar amount of each contract and the anticipated date of\ Ucompletion)

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6. Are you Iicenscd as a Municipal Contractor or any other title?Yes No if Yes, in what city, county and state?

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1-las your firm ever defaulted on a contract?Yes No If Yes, where and why?

12. List your firm

10. List the more important contracts recently completed by your firm, stating approximategross cost for each, the month and year started and completed and location and type ofconstructiol\ (Use additional sheets if necessary.)

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II. List your firm's experience in construction work similar in importance to this project.DEI'AIL (Us ldditional\shcets if nece L

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1973 DUMP TRUCK-FORD BLUE #0417

19S0 Cat 61 3B Motor Scraper

1993 CAT 140G Motor Grade #6246

1991 Cat 04H Crawler DOZER#4857

1994 TRACTOR TRL-KENWORTH #8034

1997 Ford Water Truck Vin#3529

1998 ALLMAND Light Tower

1999 EXCAVATOR-HiTACHI #1717

1999 Bell ArticulatingDump#0300

1999 Gradalt XL 2300 #7416

1999 TRACTOR TRL-KENWORTH #7324

2000 GRADALL XL 2300 #8417

2000 GRADALL XL2300#1416

2001 GRADALL XL3300 #5324

2002 SKID STEER-BOBCAT #1246

2002 SKID STEER BOBCA S250#1686

2004 GOMACO Curb Machine #0429

2004 JD 310G BACKHOE 9715

2004 JD 410G BACKHOE #2581

2005 LOADER-JOHN DEER 444J#6826

2006 Roler Ingersol Rand #8892

2008 HTC 1800 Asphalt Hopper

2009 Bobcat T320 Trac Machine

2009 CURBCAT 4500 #1006

Noraa Concrete Construction CorporationFixed Asset Listing

February 12, 2014

Page I ot 1

AARON KAISER

39673 East AvenueKeencsburg, Colorado 80643

Cell no. 303.994.7947

Highlights of Qualifications32 years of increasingly responsible experience in the construction industry.

o Experience in overseeing all aspects of a construction project.Management of job crews consisting of up to 74+ employees.Extensive trade experience in: Concrete paving and flat work, Pipe and Sewer work, Surveying, HeavyMachinery Operation, Excavation, and other civil construction industry trades.Force Account billing and Subcontractor management.

o understanding of surveying, blueprints, and design of municipal projects.

Familiar with construction specifications and quality control standards.

o Software proficiencies include Auto Cad, Microsoft Project, Word, Excel, and Windowsprofessional Experience2004 - To Present

Noraa Concrete Construction Corp:President/owner

1986 2004Concrete Works of Colorado Inc.Project SuperintendentResponsibilities include: scheduling and management of personnel and equipment, operating

equipment, estimating, quality control, planning and permitting, obtaining subcontractors and supervisingtheir work, material procurement and delivery, job cost tracking, maintaining job safety and efficiencystandard, and all other facets of project management.1980 1986

Granite ConstructionConcrete laborer, form setting and concrete finishing. Various duties as needed on project site.completed Projects as Proiect Supervisor

o Boulder 27° Way Underpass @ Skunk Creek & Baseline Road 2007 ($2,600,000)Project scope of work: High profile project including construction of a concretebox culvert, concrete multi-use path, channel modification work, and roadwayimprovements. Project Engineers, Jason Fell and Alex May

Brighton Roundabout Project 2004 ($2,550,000)Project scope of work: concrete roundabout - concrete paving, storm sewer, waterline, retainingwalls, and excavation. Project Engineer, Terry Benton.

-225 and 6th Ave 2004 ($2,600,000)Project scope of work: construction of highway interchange concrete pavement. ProjectEngineer, Jorge Warda.

o Boulder Broadway Reconstruction 2003 ($9,200,000)Project scope of work: road and interchange construction concrete pavement, concrete retainingwalls, bridge structure, waterlines, storm sewer lines, sanitary sewer lines, curb and gutter,concrete flatwork, sidewalks, concrete box culvert and excavation. Project Engineer, Alex May.

I

Arapahoe and Quebec Intersection 2002 ($4,900,000)Project scope of work: intersection and signalization improvements concrete paving, should wallconstruction, concrete flatwork, inlets and storm sewer, and waterline. Project Engineer, VernTabert. Won IocaIAPWA Intersection Project of the Year.

o Wiggins Rest Area 2001 ($3,100,000)Project scope of work: new rest area construction concrete paving, concrete flatwork,foundation, asphalt paving, storm sewer, and waterline. Project Engineer, Brad Pierce. Won localACPA Award of Exce/lence.

Eagle County Regional Airport 2001($l,800,000)Project scope of work: new base material and concrete paving. Project Engineer, Tony On. Wonlocal Award of Excellence for airport concrete poving from A CPA.

o 1-225 and Parker Road 2000 ($1,100,000)Project scope of work: construction Highway Interchange concrete pavement. Project Engineer,Jorge Warda.

o Aspen Grove 2000 ($2,000,000)Project scope of work: foundations and curb and gutter as a subcontractor for Hoar Construction.

Santa Fe & Belleview Phase III 2000 ($5,500,000)Project scope of work: frontage road construction along with on and off ramps concrete andasphalt pavement, excavation, storm sewer, waterline construction, concrete flatwork, sidewalk,curb and gutter. Project Engineer, Ron Buck.

Santa Fe & Belleview Phase II 1999 ($10,000,000)Project scope of work: constructed highway interchange concrete paving, storm sewer,waterlines, concrete box culverts, concrete flatwork, and excavation. Project Engineer, Ron Buck.Won local and national wards of excellence from ACPA.

and Baseline 1998 ($1,000,000)

Project scope of work: constructed new pedestrian underpass with extensive dirt work, along withbridge constructton, traffic rerouting, and utility maintenance. Project Engineer, Alex May. WonColorado Contractor's Award.

o Tn-County Airport 1997($1,000,000)Project scope of work: removed and replaced apron with new base material and concrete paving.Project Engineer, Graham & Oietz. Wan local Award of Excellence far small airport concrete pavingfrom ACPA.

Speer Blvd. Improvements 1997 ($1,000,000)

Project scope of work: reconstructed road adding sidewalks, curb and gutter, retaining wall andnew asphalt overlay. Project Engineer, Larry Sward.

Julesburg Welcome Center 1995 ($2,300,000)Project scope of work: construction of new site for Welcome Center concrete paving, newutilities, pipe, and grading. Project Engineer, Brad Pierce. Won local and national owards ofexcellence from A CPA.

Personal References available upon request.

Jorge A. Sanchez9171 Russell Way

Thornton, CO 80229303.227.3632

QualificationsAbility to supervise construction crews, operate construction equipment, organize concrete schedules and testingschedules. Able to maintain a good working relationship with inspectors and have a good understanding ofconstruction specifications and quality control standards.

Professional Experience2004 CurrentNoraa Concrete Construction Corp.Project Manager303.637.9233

1993-2004Concrete Works of Colorado, Inc.Project Manager303.665.2933

1992 1993Jalisco InternationalHighway Construction Bridge Carpenter

303.237.3321

1985 1992

Raiman Corp.Highway Construction Bridge Carpenter

Completed ProjectsThornton84tb & Washington 2008 ($455,000)

Scope of work: Turn lane improvements, concrete paving, curb and gutter. Project Mgr, Max Math.Brighton Roundabout Project 2004 ($2,550,000)Scope of work: concrete roundabout concrete paving, storm sewer, waterline, retaining walls &excavation. Proj Eng, Terry Benton.1-225 and

6th Ave 2004 ($2,600,000)Scope of work: construction of hwy interchange concrete pavement. Project Engineer, Jorge Warda.Boulder Broadway Reconstruction 2003 ($9,200,000)Scope of work: road and interchange constructionconcrete pavement, concrete retaining walls, bridgestructure, waterlines, storm sewer lines, sanitary sewer lines, curb & gutter, concrete flatwork, sidewalks,concrete box culvert & excavation. Proj Eng, Alex May.Arapahoe and Quebec Intersection 2002 ($4,900,000)Scope of work: intersection & signalization improvements concrete paving, should wall construction,concrete flatwork, inlets & storm sewer & waterline. Proj Eng, Vern Tabert. Won localAPWA IntersectionProject of the Yeor.

Wiggins Rest Area 2001 ($3,100,000)Scope of work: new rest area construction concrete paving, concrete flatwork, foundation, asphaltpaving, storm sewer, and waterline. Project Engineer, Brad Pierce. Won local ACPA Award of Excellence.

-225 and Parker Road 2000 ($1,100,000)Scope of work: construction Highway Interchange concrete pavement. Project Engineer, Jorge Warda.Aspen Grove 2000 ($2,000,000)Scope of work: foundations and curb and gutter as a subcontractor for Hoar Construction.Santa Fe & Belleview Phase III 2000 ($5,500,000)Scope of work: frontage road construction along with on and off ramps concrete & asphalt pavement,excavation, storm sewer, waterline construction, concrete flatwork, sidewalk, curb & gutter. Proj Eng, RonBuck.

Santa Fe & Belleview Phase II 1999 ($10,000,000)Scope of work: constructed highway interchange - concrete paving, storm sewer, waterlines, concrete boxculverts, concrete flatwork, excavation. Project Engineer, Ron Buck. Won local and nat(onol wards ofexcellence from A CPA.

o35th and Baseline 1998 ($1,000,000)Scope of work: constructed new pedestrian underpass w/extensive dirt work, along w/bridge construction,traffic rerouting & utility maintenance. Project Engineer, Alex May. Won Colorado Contractor'sAword.Tn-County Airport 1997($1,000,000)Scope of work: removed and replaced apron with new base material and concrete paving. ProjectEngineer, Graham & Dietz. Won local Award of Excellence for small airport concrete paving from A CPA.

References avaitabte upon request.

SUMMARY OF QUALIFICATIONS

A professional with 16 years experience in project management and estimating. Careerstrengths include leadership, organizational skills, personne) and financial management, abiiity tomeet deadlines and written communication.

PROFESSIONAL EXPERIENCE

Noraa Concrete Construction Corp Keenesburg, COProject Manager! Estimator March 2012 Current

I ±I.I iLl :pJ projects ranging from fiit work to complete siLdevelopment. This required proficiency in project and subcontractor scheduhng, budgeting,financial management, customer interface and coordination of on-site activities.Complete plan quantity take-offs of incoming drawing packages and competitively estimateand bid large projects.

PAC international - Longmont, CO / Foshan, China.SR Production Manager! Project Manager March 2011 April 2012

o Managed all aspects of production for five specific can line pieces of equipment throughoutthe manufacturing process. This required proficiency in engineering design and changes tomeet the specific requirements of the end user. Responsibilities also includedmanagement of electrical engineering and design changes and implementation.Negotiations with third party vendors, OEM's, and in house engineering departments tooptimize effectiveness and efficiency of the project equipment and time schedule.

Noraa Concrete Construction Corp - Keenesburg, COProject Manager! Estimator February 2008 March 2011

Estimated and managed muhiple projects ranging from fiat work to complete sitedevelopment. This required proficiency in project and subcontractor scheduling, budgeting,financial management, customer interface and coordination of on-site activities.Complete plan quantity take-offs of incoming drawing packages and competitively estimateand bid large projects.

James J Swenson2216 E. 129th Ave.

Thornton, Colorado 80241(303) 993-4325

Concrete Express Inc. Denver! COProject Manager! Estimator - January 2002 December 2007

Estimated and managed multiple projects ranging from flat work to complete sitedevelopment. This required proficiency in project and subcontractor scheduling, budgeting,financial management, customer interface and coordination of on-site activities.Complete plan quantity takeoffs of incoming drawing packages and competitively estimateand bid large projects.Review and analyze on site operations and weekly job costing to identify potential problemsand increase productivity rates, maximize cost savings and project profitability.Manage invoicing, bi)ling and collection processes to minimize accounts receivable aging.

PROFESSIONAL ORGANIZA liONS

International Electrical Contractors Association August 1987 May 1993

EDUCATION AND TRAINING

Completed Dale Carnige Training Course by Tom Stevens, Instructor, The Dale CarnigeCourses. August 1998 November 1998.

Completed training course on Total Quality Management by Loren Ancarlo, President,Ancarlo Training Group. April 1996

international Electrical Contractors Apprenticeship School September 1988 July 1993Journeymen Electrician.

OTHER SKILLS / INTERESTS

Computer Software: Proficient in MS Word, MS Excel, MS Project, Hard Dollar, Heavy Bidand HCSS software applications.

o Ability to move from completed project to a new project with ease requiring minimal transfertimeInterest: Cycling, golf, skiing, team sports and reading.

PERSONAL

Marital Status: Single, 2 daughters.Health: Excellent,Birth Date: September22 1967.

l4. Are any lawsuits pending against you or your firm at this time?Yes No >( IfYes, }ROVIDE DETAILS.

Have any charges been filed against you or your firm or the bidding emily with the Office ofContract Compliance, the Equal Opportunity Commission, the State of Colorado CivilRights Commission, or any other similarly constituted entity charged by any state or localgovernment with the enforcement of anti-discrimination legislation or regulations?

Yes No If Yes, PROVIDE DETAILS.

Attach copies of all current Department of Labor Forms EEO- I which have hitherto beenfiled by your firm. For sample of this form please go tp htpJJw.wi.e oc.ov/employers/eeolsurvey/upload/eeol.pdf. LDe. (jO oc.e(-n.--' y1Or 3j

7. Give bank reference. 3\\s cc cn Her 3c3L3*5IS. What are qi Ii nils ofy r firm's p ibhic hiabi '? QETML. <-.5rQ- ?wA inKn

22. Is your firm currently prequalilied with Colorado Department of Transportation for contractsof the size and type as set forth in your l3id Proposal?Yes No

I-''-- '-'- I,.,.ltul 'U

19

What Insurance

\Vhat are your firms bond limitations? 5 m9ll?nc Y_ 1e 4i/2Credit Available? cj9S1 Coo. hO

21 . Will you, upon request, fill out a detailed financial statement for your firm and furnish anyother jntrmation that may be required by the County of Douglas?Yes 2K No

The Bidder shalt provide a complete list of all subcontractors to he used, work to heperforniccl by item, and dollar amount of subcontracted work. No change in thissubcontractor list shall be made without written authorization by the Engineer.

S ibcontractor Items I Work Dollar AmountOO CC

.Jct<i s

The undersigned hereby authorizes and requests any person, firm, or corporation to furnishany information requested by the County of Douglas in verification of the recitalscomprising this Statement of Bidders Qualifications.

DATED AT ,thisl SYday of__________ ,

orc2cno eorp.(Name of Bidder)

(LfLL) [ISA WAGNERNOTARY PUat.ic

STATE OF COLORADONOTARY tO 20044043399

'('Of' lS j DL EfIP P4

Tille

STATE OF ))ss

COUNTY OF V[dnrnLoiQ Tcts being first duly sworn dc oses anq avs tha

is the of fl )nrZr ninpthe Bidder that has submitted the attached Bid, and that the answers to the foregoing questions andalt statement therein contained are true and correct. Subscribed and sworn to me before this

day of

L(Notary Public)

My commission expires: Z

20

NON-COLLUSION AFflI)A VII OF PRIME BIDDER(To he included in Bid Proposal)

STATE OF

COUNTY OF

[ , being first duly sworn, deposes and says that:

Sri u

has submitted the attached Bid;

He is fully informed respecting tile preparation and contents of the attached Bid and of allpertinent circumstances respecting such Bid;

Such Bid is genuine and is not a collusive or sham bid;

Neither tile said Bidder nor any of its officers, partners, owners, agents, representatives,employees or parties iii interest, including this affiant, has in any way colluded, conspired.connived or agreed, directly or indirectly, wiih any other Bidder, firm or person to submit acollusive or 511am Bid in connection with the Contract for which tile attached Bid has beensubmitted or to refrain from bidding in connection with such Contract, or, has in any manner,directly or indirectly, sough! by agreement or collusion or communication or conferencewith any other l3idder, firm or person to fix the price or prices in the attached Bid or of anyother Bidder, or to fix any overhead, profit or cost element of the bid price or the hid price ofany other Bidder, or to secure through the collusion, conspiracy, connivance or unlawfulagreement any advantage against Douglas County or persons interested in the proposedContract; and

The price or prices quoted in the attached bid are fair and proper and are not tainted by anycollusion, conspiracy, connivance or unlawful agreement on the part of tile Bidder or any ofits agents, representatives, owners. em )lQ ees, or parties iii inte est, includin ' this affiant.

UOrQc Uoe ècrttrtc4)on eirp.a''Signed:

(Print Name)

C;(Title)

21

ofthe B iclder that

NON-COLLUSION AFFIDAVIT OF PRIME BI1)DER- continued

Subscribed and sworn to before me this (lay of

HOTARY PUSL%CSTATE OF

My commission expires

(Notary Public)

77

CONTRACT

Project Name: 2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TI? 2013-024,TE 2013-030, TF 2013-039

I. Parties. This Contract is made and entered into this day ofbetween the Board of County Commissioners of the County of Douglas, State of Colorado

(hereinafter 'County) and NORAA CONCRETE CONSTRUCTION CORPORATION(hereinafter "Contractor").

2. Contract Documents. The entire contract between the Parties shall consist of and include:This Contract, which includes the Cover Page and Table of Contents;Standard Specifications for Road and Bridge Construction, Dated 2011 adopted bythe Colorado Department of Transportation;CDOT Standard Plans-M&S Standards dated July, 2012) and most recent revisionswhere caicuiated and specified dimensions will govern over scaled dimensions;Douglas County Roadway Design and Construction Standards, as revised May,2013;

F. The Invitation to Bid;Notice to Bidders;Douglas County's Standard Special Provisions (SSPs),Project Special Provisions (PSPs) and Project Addenda;Plans and Drawings;Proposal Forni and Bid Bond Form;

3. Payment and Performance Bonds;Notice of Intent to Award;Notice to Proceed;Letter of Acceptance;Change Orders;

0. Non-Collusion Affidavit;Warranty;County's Payment Policies;

R Bid Proposal and Schedule;lnsurancc Ccrtificatcs; andAppendix and other attachments.

3. Except as otherwise provided in this Contract, the Project shall be constructed in accordancewith thc CDOT Standard Specifications for Road and Bridge Construction Dated 2011.

4. Scope of Work. Contractor shall complete all work as specified or indicated in theContract Documents. The work is generally described as follows: installation of 2-neck downs,pedestrian crossings, and ramps throughout Douglas Counly. The Coiitracto shall furnish all ofthe necessary supervision, materials, tools and supplies and perform all of the labor and otherservices necessary to coniplcte this Contract.

23

Contract Time. The work shall be completed and ready for Final Acceptance by theCompletion Date determined in the Notice to Proceed. The Contract Time of6O calendar days willbe used to establish the Completion Date. The Contractor agrees that completion of the Projectwithin the time as set forth herein is of the essence and agrees to proceed with due diligence, takingall precautions and making all necessary arrangements to insure the completion of the work withinthe prescribed time period.

Compensation. As consideration for the completion of the Project as required by theContract Documents, the County shall pay the Contractor the sum of Fifty-One Thousand, OneHundred Fifty-One Dollars and Fifty Cents ($51,151.50) which amount shall be payablepursuant to the Contract Documents.

Amount of Money Appropriated. Any other provision of this Contract notwithstandingand pursuant to Section 29-il 30, C.R.S., the amount of funds appropriated for this Contract isFifty-One Thousand, One Hundred Fifty-One Dollars and Fifty Cents ($51,151.50) for fiscalyear 2014. In no event shall the County be liable for payment under this Contract for any amount inexcess thereof The County is not under obligation to make any future apportionment or allocationto this Contract nor is anything set forth herein a limitation of liability for the County. Anypotential expenditure for this Contract outside the current fiscal year is subject to future annualappropriation of funds for any such proposed expenditure.

Change Orders. No change order, or other form of order or directive of the Countyrequiring additional compensable work to be performed, which work is in excess of that specified inParagraph 7 above, shall be issued unless the Contractor is given written assurance by the Countythat lawful appropriations to cover the costs of the additional work will be or have been made.

Taxes. The Contractor shall apply to the State Revenue Department for an exemptioncertificate in order to exempt it from having to pay sales and use tax.

Bonds. The Contractor shall sccure and maintain, at the Contractor's expense, Payment andPerformance Bonds as required by statute executed by a corporate surety licensed to do business inthe State of Colorado. Such bonds shall be in the full amount of the contract price and shall be filedwith the County prior to the commencement of any work on the Project.

Jndemnification and Insurance. Contractor agrees to:

A. Indemnification. To the fullest extent permitted by law, the Contractor and each ofits subcontractors shall indemnify and hold harmless the County, its officers,employees and insurers from and against all claims, damages, losses, expenses anddemands, including court costs, attorney's fees and expenses, due to injuries, lossesor damages arising out of, resulting from, or in any manner connected withContractor's services on behalf of the County pursuant to this Contract, if any suchinjury, loss or damage is caused in whole or in part by, or is claimed to be caused inwhole or in part by, the act, omission, error, mistake, negligence, other fault ofContractor, any subcontractor, any officer, employee, representative or agent of anyof them, anyone directly or indirectly employed by any of them, or anyone for whoseacts any of them may be liable; provided, however, that except for workers'compensation, disability benefits or other similar employee benefit claims,Contractor is not obligated to indemnify the County hereunder for that portion of anyclaims, damages, losses, demands, and expenses arising out of or resulting from any

24

negligent act or omission of the County, or its agents and employees. Contractor'sindemnification obligation hereunder shall not be construed to negate, abridge, orotherwise reduce any other right or obligation of indemnity which would otherwiseexist as to any party or person described in this paragraph. With respect to any andall claims against the County, or any of its officers, employees, or agents by anyemployee of Contractor, any of its subcontractors, anyone directly or indirectlyemployed by any of them, or anyone whose acts any of them may be liable, theindemnification obligation described above shall not be limited in any way by anylimitation on the amount or type of damages, compensation or benefits payable by orfor the Contractor, any of its subcontractors under workers' compensation acts,disability benefit acts, or other employee benefit acts.

Procure and maintain commercial general liability insurance including completedoperations, contractual liability, products liability and automobile liability, affordingcoverage for all claims for bodily injury including death and all claims fordestruction of or damage to property, arising out of or in connection with anyoperations under this Contract, whether such operations be by the Contractor, bysubcontractors under it or anyone directly or indirectly employed by the Contractoror by subcontractor under it. Required coverage is outlined in Revision of Section107 of the Standard Special Provisions and made a part of this Contract.

Obtain and maintain during the term of this Contract worker's compensationinsurance as required by law. This insurance shall cover all of its employeesemployed under the terms of this Contract. If any of the work on the Project issublet, the Contractor shall require each of its subcontractors to provide similarcoverage for all of the subcontractor's employees to be engaged in such work.

Contractor is an independent contractor under this Contract. Notwithstanding anyprovision of this Contract, all personnel assigned by the Contractor to perform workunder this Contract shall be and remain at all times, employees of the Contractor forall purposes. Contractor is required to maintain workers' compensation insurancefor such employees as set forth in paragraph II .0 herein. TUE INDEPENDENTCONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATIONBENEFITS li-IROUGH THE COUNTY AND IS OBLIGATED TO PAYFEDERAL AND STATE INCOME TAX ON ANY MONIES EARNEDPURSUANT TO THE CONTRACT RELATIONSI-IIP.

12. Illegal Aliens. If Contractor has any employees or subcontractors, Contractor shallcomply with §8-17.5-101 CR5., ci seq., regarding Illegal Aliens -Public Contracts for Services,and this Contract. By execution of this Contract, Contractor certifies that it docs not knowinglyemploy or contract with an illegal alien who will perform work under this Contract and thatContractor will participate in either the E-Verify Program or Department Program in order toconfirm the eligibility of all employees who are newly hired for employment to perform work underthis Contract.

25

26

A. Contractor shall not:

Knowingly employ or contract with an illegal alien to perform work underthis Contract; or

Enter into a contract with a subcontractor that fails to certify to Contractorthat the subcontractor shall not knowingly employ or contract with an illegalalien to perform work under this Contract.

B. Contractor has confirmed the employment eligibility of all employees who are newlyhired for employment to perform work under this Contract through participation ineither the E-Verify Program or Department Program.

C. Contractor shall not use either the E-Verify Program or Department Program toundertake pre-employment screening of job applicants while this Contract is in

effect.

1). If Contractor obtains actual knowledge that a subcontractor performing work underthis Contract knowingly employs or contracts with an illegal alien, Contractor shall:

(i) Notify the subcontractOr and the County within three days that Contractor hasactual knowledge that the subcontractor is employing or contracting with anillegal alien; and

Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to the preceding sub-subparagraph ofthis subparagraph, the subcontractor does not stop employing or contractingwith the illegal alien; except that Contractor shall not terminate the contractwith the subcontractor if during such three days the subcontractor providesinformation to establish that the subcontractor has not knowingly employedor contracted with an illegal alien.

F. Contractor shall comply with any reasonable request by the Department of Labor andEmployment made in the course of an investigation that the Department isundertaking pursuant to the authority established in §8-17.5-102(5), C.R.S.

If Contractor violates this provision of this Contract, the County may terminate theContract for a breach of contract. lithe Contract is so terminated, Contractor shallbe liable for actual and consequential damages to the County as required by law.

The County will notify the Office of the Secretary of State if Contractor violates thisprovision of this Contract and the County terminates the Contract for such breach.

13. No Waiver of Governmental Immunity Act. The parties hereto understand and agree thatthe County, its commissioners, officials, officers, directors, agents and employees, are relying on,and do not waive or intend to waive by any provisions of this Contract, the monetary limitations orany other rights, immunities and protections provided by the Colorado Governmental ImmunityAct, § 24-10-101 to 120, C.R.S., or otherwise available to the County.

Assignment. The Contractor covenants and agrees that it will not assign or transfer itsrights hereunder, or subcontract any work hereunder, either in whole or in part without the priorwritten approval of the County. Any attempt by the Contractor to assign or transfer its rightshereunder shall, at the option of the County, void the assignment or automatically terminate thisContract and all rights of the Contractor hereunder.

Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign or otherwisedispose of the Contract, or its right, title or interest therein, without the written consent of theCounty 'Ihe Contractor may utilize the services of specialty contractors on those parts of theProject which, under normal contracting practices, are performed by specialty subcontractors. TheContractor shall be fully responsible to the County for the acts and omissions of the subcontractorsand of persons directly employed by them, as it is for the acts and omissions of persons directlyemployed by it. The Contractor shall provide appropriate provisions to be inserted on allsubcontracts relative to the Project to bind the subcontractors to the Contractor by the terms of theContract Documents to give the Contractor the same power in regard to termination of anysubcontractor that the County may exercise over the Contractor under any provision of the ContractDocuments.

Non-Discrimination iii Connection with Performance of Work. The Contractor agreesnot to refuse to hire, discharge, promote or demote, or discriminate in matters of compensationagainst any person otherwise qualified, solely because of race, creed, sex, age, color, nationalorigin, or ancestry and further agrees to insert the foregoing provision in all subcontracts hereunder.

Cancellation of Contract. Failure of the Contractor to comply with any of therequirements of this Contract may be considered by the County as evidence of the inability of thepart of the Contractor to maintain the quality and service standards necessary under this Contractand shall be sufficient cause for termination of the Contract and the County initiating legal actionagainst the Performance Bond of the Contractor.

Patented Devices, Materials anti Processes. If a Contractor is required or desires to useany design, device, invention, product, material or process covered by letters of patent or copyright,it shall provide for such use by suitable legal agreement with the patentee or patent County and shallpay all Iieense.fees and royalties and assume all costs incident to such use and construction of theProject or incorporation in the Project. The Contractor agrees to indemnify and save harmless theCounty from any and all claims for infringement by reason of the use of such patented design,device, invention, project, material, or process or any trademark or copyright in connection with theconstruction of the Project pursuant to Contract Documents and shall indemnify the County for anycosts, expense, and damages, including attorney's fees, which it may be obliged to pay for any suchinfringement at any time during the prosecution, or after the completion of the Project.

Compliance with Safety and Health. Contractor agrees, in the performance of thisContract, to comply with all safety orders, rules and regulations imposed pursuant to the ColoradoOccupational Safety and Health Program, commonly referred to as COSHA and/or all other safetyorders and regulations properly imposed by any other regulatory governmental agency of the Stateof Colorado or of the United States.

27

Permits and Licenses. Unless otherwise provided, the Contractor shall procure all permits,licenses and pay all charges and fees including, but not limited to, alt inspection charges of agencieshaving appropriate jurisdiction, give all notices necessary and incidental to the due and lawfulconstruction of the Project. County may assist Contractor, when necessary, in obtaining suchpermits and licenses.

Venue. Any and all legal actions pertaining or related to this Contract shall be filed andtried in the District Court in and for the County of Douglas, State of Colorado.

Colorado Labor Preference. The provisions of Sections 8-17-101 through 8-17-107,C.R.S., are applicable to this Contract. Colorado labor must be employed to perform the work tothe extent of not less than eighty percent of each type of class of labor in the several classificationsof skilled and common labor employed on the Project. The 80% requirement for Colorado laborshall be waived by Douglas County if there is reasonable evidence to demonstrate insufficientColorado labor to perform the work of the Project and if compliance with this reqiurement wouldcreate an undue burden that would substantially prevent a project from proceeding to completion.Colorado labor means any person who is a resident of the State of Colorado at the time of the publicworks project, without discrimination as to race, color, creed, sex, sexual orientation, marital status,national origin, ancestry, age, or religion except when sex is a bona tide occupational qualification.A resident of the State of Colorado is a person who can provide Colorado driver's license, a validColorado state issued photo identification, or documentation that he or she has resided in Coloradofor the last 30 days. This section is not applicable to any project that receives Federal funds.Enforcement for violation of this section is pursuant to rules and regulations to be promulgated bythe Colorado Department of Labor pursuant to Sections 8-17-104, 8-1 7-105 and 8-17-106, C.R.S.

Conflict of Interest. The Contractor agrees that no official, officer or employee of theCounty shall have any personal or beneficial interest whatsoever in the services or propertydescribed herein, and the Contractor further agrees not to hire, pay, or contract for services of anyofficial, officer or employee of the County. A conflict of interest shall include transactions,activities or conduct that would affect the judgment, actions or work of the Contractor by placingthe Contractor's own interests, or the interest of any party with whom the Contractor has acontractual arrangement, in conflict with those of County.

28

IN WITNESS WHEREOF, the parties have set their hands and seal the day herein firstabove written.

NORAA CONCRETE CONSTRUCTION CORPORATION

SIGNED:

A1IEST:

TITLE:

REDERICK H. KOCH, .E. DaPublic Works Engineering Director

APPROVED AS TO FISCAL CONTENT: APPROVED AS TO LEGAL FORM:

cQC cANDREW COPLAND DateDirector oF Finance

PRINT NAME & TITLE: t. '_sVDATE:

BOARD OF COUNTY COMMISSIONERS APPROVED AS TO CONTENT:OF THE COUNTY OF DOUGLAS

NOTREOUIREI)

29

Douglas County Attorney's 011iec

-5.-ia-fr

ROGER A. PARTRIDGE Dale DOUGLAS J. DEBORD DateChair County Manager

APPR!,VED BY DOUGLAS COUNTY DEPARTMENT OF PUBLIC WORKS ENGINEERING:

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigneda corporation organized under the laws of the State ofhereinafter referred to as the "Contractor" and , acorporation organized under the laws of the State of and authorized totransact business in the State of Colorado, hereinafter referred to as Surety, are held and firmly bound untothe COUNTY OF DOUGLAS, a political subdivision of the State of Colorado, hereinafter referred to as the"COUNTY", in the penal sum of Fifty-One Thousand, One Hundred Fifty-One Dollars and FiftyCents ($51,151.50), lawful money of the United States of America, for the payment of which sum theContractor and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents.

WHEREAS, the above Contractor has on the day of , , entered into awritten contract with the County for furnishing all labor, materials, tools, superintendence, and otherfacilities and accessories for the construction of 2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS, DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2013-030, TF 2013-039, inaccordance vith all Contract Documents therefore which are incorporated herein by reference and niade apart hereof, and are herein referred to as the Contract.

NOW, THEREFORE, the condition of this payment bond obligation is such that if the Contractor shall atall times promptly make payments of all amounts lawfully due to all persons supplying or furnishing it or itssubcontractors with labor and materials, rental machinery, tools, or equipment, used or performed in theprosecution of work provided for in the above Contract arid shall indemnify and save harmless the County tothe extent of any and all payments in connection with the carrying out of such Contract which the Countyniay be required to make under the law, then this obligation shall be null and void, otherwise, it shall remainin full force and effect;

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that any andall changes in the Contract, or compliance or noncompliance with the foniialities in the Contract for makingsuch changes shall not affect the Surety's obligations under this bond arid the Surety hereby waives notice ofany such changes.

IN WITNESS WHEREOF', said Contractor and said Surety have executed these presents as of thisday of

30

BY:

(Contractor)

BY:(President)

(Surety Company)

(Attorney-in-Fact)

(Accompany this bond with Attorney-in-Fact's authority from the Surety to execute bond, certifiedto include the date of the bond.)

Bond No. 906002811

PERFORMANCE BOND

Noraa Concrete

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Construction Corporation acorporation organized under the laws of the State of Colorado, hereinafter referred to as the "Contractor" andThe Ohio Casualty Insurance Company a corporation organized under the laws of the State of

NH , and authorized to transact business in the State of Colorado,hereinafter referred to as Surety, are held and firmly bound unto the COUNTY OF DOUGLAS, a politicalsubdivision of the State of Colorado, hereinafter referred to as the "COUNTY", in the penal sum of Fifty-One Thousand, One Hundred Fifty-One Dollars and Fifty Cents (551,151.50), lawful money ofthe United States of America, for the payment of which sum the Contractor and Surety bind themselves andtheir heirs, executors, administrators, successors and assigns, jointly and severally by these presents.

WHEREAS, the above Contractor has on the day of entered into a writtencontract with the County for furnishing all labor, materials, equipment, tools, superintendence, and otherfacilities and accessories for the construction of 2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS, DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TE 2013-030, TF 2013-039, inaccordance with all Contract Documents therefore which are incorporated herein by reference and made apart hereof, and are herein referred to as the Contract.

NOW, THEREFORE, the condition of this performance bond is such that if the Contractor:

I. Promptly and faithfully observes, abides by and performs each and every covenant, condition and partof said Contract, including, but not limited to, its warranty provisions, in the time and mannerprescribed in the Contract, and

2. Pays the County all losses, damages (liquidated or actual, including, but not limited to, damages causedby delays in the performance of the Contract), expenses, costs and attorneys' fees, that the Countysustains resulting from any breach or default by the Contractor under the Contract, then this bond isvoid; otherwise, it shall remain in full force and effect.

IN ADDITION, if said Contractor fails to duly pay for any labor, materials, team hire, sustenance,provisions, provender, or any other supplies used or consumed by said Contractor or its subcontractors in itsperformance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools, or equipment, all amounts due as the result of the use of such machinery, tools, or equipment in theprosecution of the work, the Surety shafl pay the same in an amount not exceeding the amount of thisobligation, together with interest as provided by law.

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that any andall changes in the Contract or compliance or noncompliance with the formalities in the Contract for makingsuch changes shall not affect the Surety's obligations under this bond and the Surety hereby waives notice ofany such changes.

IN WITNESS WHEREOF, said Contractor and said Surety have executed these presents as of thisday of

3,

32

BY:

(Contractor)

t'rtLAM (President)

The Ohio Casualty Insurance Company62 Maple Avenue, Keene,NH 03431

(Suret9 Company)

Bond No. 906002811

PERFORMANCE BOND(CONTINUED)

Noraa Concrete Construction Corporation39673 East 160th Avenue, Keenesburg, CO 80643

(Accompany this bond with Attorney-in-Facts authority from the Surety to execute bond, certified to includethe date of the bond.)

PAYMENT BONDNoraa Concrete

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Construction Corporationa corporation organized under the laws of the State of CO

hereinafter referred to as the 'Contractor' and The Ohio Casualty Insurance Company acorporation organized under the laws of the State of NIH , and authorized totransact business in the State of Colorado, hereinafter referred to as Surety, ace held and firmly bound untothe COUNTY OF DOUGLAS, a political subdivision of the State of Colorado, hereinafter referred to as the"COUNTY", in the penal. sum of Fifty-One Thousand, One Hundred Fifty-One Dollars and FiftyCents (51,!s15O) (awfiul money of the United States of America, for the payment of which sum theContractor and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents.

WI-IEREAS, the above Contractor has on the day of , , entered into awritten contract with the County for furnishing all labor, materials, tools, superintendence, and other.facilities and accessories for the construction of 2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS, DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2OI3030, TF 2013-039, inaccordance with all Contract Documents therefore which are incorporated herein by reference and made apart hereof, and are herein referred to as the Contract.

NOW, THEREFORE, the condition of this payment bond obligation is such that if the Contractor shall atall times promptly make payments of all amounts lawftilly due to all persons supplying or furnishing it or itssubcontractors with labor and materials, rental machinery, tools, or equipment, used or performed in theprosecution of work provided for in the above Contract and shall indemni' and save harmless the County tothe extent of any and all payments in connection with the carrying out of such Contract which the Countymay be required to make under the law, then this obligation shall be null and void, otherwise, it shall emamin full force and effect;

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that any andall changes in the Contract, or compliance or noncompliance with the formalities in the Contract for makingsuch changes shall not affect the Surety's obligations under this bond and the Surety hereby waives notice ofany such changes.

Bond No. 906002811

BY:rwL. Q'S-(President)

The Ohio Casualty Insurance Company62 Maple Avenue. Keene, NH 0343)

(Surety Company)

BY: Itprney-in-Fact) Susan J. Lattaruld

(Accompany this bond with Attorney-in-Fact's authority from the Surety to execute bond, certifiedto include the date of the bond.)

30


Noraa Concrete Construction Corporation39673 East 160th Avenue, Kecnesburg, CO 80643

(Contractor) j

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ATrORNEVIS NOT-VALIDUNLESSIT-IS'!RINTED ONREDBACKGRQLJND?J jThis Power of Attorne3, limits the actiof thios&ñamed heièin, and they have no authority to bind the Company except in the manner and to the extent herein

ct2r cAmencan Fire and Casualty CompanyLibedy Mutual lnsDranEe - ni. i - i IA! 4

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KNOWNALtRERSONS BY-THESE PRESENTS:-ThatArnencan Fire& Casualty Company and-The Ohio Casualty Insurance Company are corporations duly organized under the laws ofz?J the Stof NewHamhire, that Libert9Mutual lniranEe C6pañisth?orp6tatuouidülyorganizid underthe lawsof the Stat&E?Massachusettsand stAnncanlnsurahce Cornpány - .- -. . -.t- Nr . -_ 'C - -<_t. -_ -

a corporation dulyoranized underthe law&of the Statéof Indiana (herein collecbvelycaltedtheCornpanies") pursuant to and by authonty herein setforthdoes hereby name, constitute SdioinfDiLVnn GuernD6äld E>AppIe6-Fl&retta KnickeThocker;-MarkSWëiqaft Sffrah-Brovn; SusatJ:.LttaruIorToddBenqtdrd C

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lfythe'cretay of the Compane in theiñ 16

TNESS -IEREOF.-this Power of Attorney has been subscnbed-by.an authonzed officer-or-official of e Companies and the corporate seals of the Companies have been afflxed

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Onis13thdayàf..DeCember- C-2013c-before rQ'personalty appeared David M Carey vio acknowledged himself to be thi'Assistant SecThtary-ofAhndnTire dCá%uafty CoffipanLib1dy Mulul ln&e Cofifi Thj,OhC RyC aid tMinc ffliirance C6añ?that he as subeing authod so to>

- - -r - - - - - -C- - ,- - - - . '---r -O- rexecute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself asa duly authonzed

-IN WiTNESS Wi-IEREOF, I have hereunto sub bed-myrraiiie and affixed my notarial seal at Plyrriouth Meeting, Pennsyania:on the dayand yearflrst above vrittenT r . r.t( tZ t,ti' ,o r cz - -. -

- 4' ,7 I +r

erasteiIa otary U i9 This Powerof Attorney is made and executed pursuanttoandby authonty of the followng By-laws andAuthonzationsofArnencan Fire and CasualtyCornpany,-The Ohio Casualty Jnsurance '-- r- ,- .-- r r.. % * - - ---- -x--- -t-t,. C-. C - - - - -, - - .- ------ N___-_ '-_- -_Z \_- Company, Liberty Mutual Insurance Company, anWestAnencan Insurance Company which resolutionsare nowin full force and effect reading

ARTCLEIV9fFICERS-section 12 Powerof Attorney-Any officerorotherofficrel of the Corporation authonzed forthat purpose in writing bythe Chairman or-the eresident, and subject- to such bmaabon as the Ch&F?nar the Preidei?nafpresdiibeThhaU appoint su Orne CmabeiiicesiAiy tóact in&half of tuië'Co ikefrsil xknowtedge and dehverassuret9nya alflndertakings bondscognizaesdo&suretyoblig&ns Such ihiQ pSersThfaflomeyshall hge full }Ti516? to bind the COS&ibj' thesigiOreThnd ethron ofy such iritnjmerSi'äd iaftach theré'the seal of the CorationWien

cuted

the provisions of this article may be revoked at anytime by the Board, the Chairman, the President oc by the officer or officers granting such power or authonty. *_ rtCC ,----"c--- - J;:.tk

AR1ICLEXJHExecutionofContracts>SECTlDN 5Surety Bonds and Undertakings-Anyofficerof the Companyauthonzed forthat purpose inwtiting bythe chairman orthepresidenC and subject to such irritations as the chairman orthe premdent may presdhbihait appoint süafiomeys-in fact asniay beneesrytoetinbehaff of thiCoiipan Recutr sealickriSwtedge and delivi?as'?urely anind aIl.ndertakings bonds renizanceVnd oiheurety obuigationSuchiiomeys-iciact subtect toii?hrmtations sifortff in thir reipective pOvberibf attãrneIshalt havifull powerto bind th1Coniany bytheir sigàturia}idhiec6iion of aniüch instwnEand to attiëh threto the lilt of the cmpiiiy WieI aUtediGh inments shaH Las 6ding âsrf sigili bylii rSehfand attlad btheiectar -kr -cct-'-.ct CertiflcateofDesignatio, The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint sucwattorneys-inZ - C- - - - - - - -- - - - - />- C-'- .- ---- -.

as may be necessaryto act on behalf of.tbeCompanyto make, execute, seat acknowledge and debveras surety any-and-aR undertakingsbonds, recognizances and other-surety tSfact

cjhe

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-.Jk

-.MthorizationBy --j->-Company,

sJNESTlM0NY-MIEREQF,l

unanimous consent of the Compans Board of Directors, the Company nsents that facsimile or mechanically reproduced signature f any assistant secretary of the - - -- -C- ----r -tc--- -'- - - r - - .-. 7 - -. ,. -.a- - ' wherever appeanng upon a certified copy of any power of attorney issued by the Company In connection with surety bondsshatt byatid and binding upon thCopjpy_with - r--.r--.., --.--.- -----.-_- -.----.- same force and effect as though manually

Grego'W Davenport, the undersignedAssistant Secretaryof Arnencan Fleand Casualt) Company,The Ohio Casualty kisurance Company;Liberty Mutu& tnsurance Company, andtE istAmencanb1suranceCornpado herebceifffy that the onginat power of ,9 whice fo?l eQorrecçdpyjf the PoweFof Aft iixeted b9iiFJ Companies, is in hilt force and effect and has not been

have hereuntoset rnyhand andaffixed th&sealsof said.Coinpanies this- '--r--'dayof -=-.

-' \/ , '27 c-- ? j- A r ''-' t tc

- -. .-i H I -9) r - ' - +9 J/y' ..flsi -' -; r GregoryWDavenport, Assistant Scretary .\ -::- - m - rkt.-c- -S* N' -.r_,.-t - - - -r. jr-. - r._- - 7N C 2- -c - {- Thzz- - -r------ -.- -ftfl ot ioo

MS_i 2873 _- _ -. --çZ -_,-'---/----.. --. -C --t----cr-.... -- -

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned acorporation organized under the laws of the State of Colorado, hereinafter referred to as the Contractor and

a corporation organized under the laws of the State ofand authorized to transact business in the State of Colorado,

hereinafter referred to as Surety, are held and firmly bound unto the COUNTY OF DOUGLAS, a politicalsubdivision of the State of Colorado, hereinafter referred to as the COUNTY', in the penal sum of Fifty-One Thousand, One Hundred Fifty-One Dollars and Fifty Cents (551,151.50), lawful money ofthe United States of America, for the payment of which sum the Contractor and Surety bind themselves andtheir heirs, executors, administrators, successors and assigns, jointly and severally by these presents.

WHEREAS, the above Contractor has on the day of , entered into a writtencontract with the County for furnishing all labor, materials, equipment, tools, superintendence, and otherfacilities and accessories for the construction of 2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS, DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2013-030, TF 2013-039, inaccordance with all Contract Documents therefore which are incorporated herein by reference and made apart hereof, and are herein referred to as the Contract.

NOW, THEREFORE, the condition of this performance bond is such that if the Contractor:

Promptly and faithfully observes, abides by and performs each and every covenant, condition and partof said Contract, including, but not limited to, its warranty provisions, in the time and mannerprescribed in the Contract, and

Pays the County all losses, damages (liquidated or actual, including, but not limited to, damages causedby delays in the performance of the Contract), expenses, costs and attorneys' fees, that the Countysustains resulting from any breach or default by the Contractor under the Contract, then this bond isvoid; otherwise, it shall remain in full force and effect.

IN ADDITION, if said Contractor fails to duly pay for any labor, materials, team hire, sustenance,provisions, provender, or any other supplies Lised or consumed by said Contractor or its subcontractors in itsperformance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools, or equipment, all amounts due as the result of the use of such machinery, tools, or equipment in theprosecution of the work, the Surety shall pay the same in an amount not exceeding the amount of thisobligation, together with interest as provided by law.

PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that any andall changes in the Contract or compliance or noncompliance with the formalities in the Contract for makingsuch changes shall not affect the Surety's obligations under this bond and the Surety hereby waives notice ofany such changes.


31

PERFORMANCE BOND(CONTINUED)

32

BY:

(Contractor)

BY:

(President)

(Surety Company)

(Attorney-in-Fact)

(Accompany this bond with Attorney-in-Facts authority from the Surety to execute bond, certified to includethe date of the bond.)

TO: Douglas County, Colorado

FOR: 2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TF 20 13-024,TF 20 13-030, TF 20 13-039

The undersigned warrants the construction and installation of the above improvements inaccordance with and as contemplated by the Project plans and specifications. Should any of thematerials prove defective or should the work as a whole prove defective, due to faultyworkmanship, material furnished or methods of installation, or should the work or any part thereoffail to operate properly as originally intended and in accordance with the plans and specifications,due to any of the above causes, all within twelve months after the date on which the Project isaccepted by the County, the undersigned agrees to reimburse the County, upon demand, for itsexpenses incurred in restoring said work to the condition contemplated in said Project, including thecost of any such equipment or materials replaced and the cost of removing and replacing any otherwork necessary to make such replacement or repairs, or, upon demand by the County, to replace anysuch material and to repair said work completely without cost to the County so that said work willfunction successfully as originally contemplated.

The County shall have the unqualified option to make any needed replacements or repairs itself orto have such replacements or repairs done by the undersigned. In the event the County elects tohave said work performed by the undersigned, the undersigned agrees that the repairs shall be madeand such materials as are necessary shalt be furnished and installed within a reasonable time afterthe receipt of demand from the County. If the undersigned shall fail or refuse to comply with hisobligations under this warranty, the County shall be entitled to all costs and expenses, includingattorneys' fees, reasonably incurred by reasons of the said failure or refusal.

WARRANTY

EXECUTED this

CONTRACTOR:

SIGNED:

PRINTED NAME:

TITLE:

33

Dated

Owner: Douglas CountyBy:

FRERICK I-I. KOCH, P.Title: Public Works Engineering Director

Contractor:

By:

Print Name:

Title:

Date:

Telephone:

NOTICE OF INTENT TO AWARDFOR THIS COMPLETION DATE CONTRACT

TO: NORAA CONCRETE CONSTRUCTION CORPORATION

PROJECT 2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDESCRIPTION: DOUGLAS COUNTY PROJECT NUMBER TF 2013-.024,

TF 2013-030, TF 2013-039

The Owner has considered the Bid submitted by you for the above described work in response to itsBid Opening dated February 18, 2014.

You are hereby notified that your Bid has been conditionally accepted in the amount of Fifty-OneThousand, One Hundred Fifty-One Dollars and Fifty Cents ($51,151.50), subject to approval bythe Board of County Commissioncrs.

You are required by the Notice to Bidders to sign the Agreement and furnish the requiredcontl.actors Payment Bond, Performance Bond, Certificates of Insurance, Warranty and all otherformal Contract Documents within ten (10) calendar days from the (late of this Notice of Intentto Award.

If you fail to sign said Agreement and to furnish said Bonds, Certificates of Insurance, Warrantyand all other formal Contract Documents within ten (10) days from the date of this Notice,, saidOwner may consider your Bid as abandoned, and as a forfeiture of your Bid Bonds. The Ownerwill be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Intent to Award to theOwner within three (3.days frqsu the date of receipt of this Notice.

ACKNOWLEDGMENT: Rcceipt of the foregoing Notice of Inteut to Award is herebyacknowledged. You are required to acknowledge and return this Notice of Intent to Awardwithin three (3) days of receipt of this Notice:

t\Lcoa cbNJ.aL L,\ny4&r, (.

L' YSLV1k C-

23

NOTICE TO PROCEEDFOR THIS COMPLETION DATE CONTRACT

TO: NORAA CONCRETE CONSTRUCTION CORPORATION

FROM: DOUGLAS COUNTY GOVERNMENT

DATE: MARCH 17, 2014

REGARDING: 2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTSDOUGLAS COUNTY PROJECT NUMBER TF 2013-024,TF 2013-030, TF 20 13-039

You are hereby notified that work associated with this Completion Date Contract will commence onMarch 17, 2014. On that date, you are to start performing your obligations under the Contractbetween you and Douglas County', Colorado, dated March 17, 2014. The Contract Time of 60calendar days will be used to establish the Completion Dale. Therefore, the work shall becompleted and ready for final Acceptance by the Completion Date, which shall be May 16. 2014.You are required to return an acknowledged copy of this Notice to the Owner within three (3)days of receipt of this Notice.

Owner:

By:

Title:

Date:

Board unty Commissioners of ougl.

'V4V'

FREDERICK I-I. KOCH, P.E.Public Works ngine- ing Director

fl'1-A CEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby ackno'Jedged.

Contractor: t-k tc'&4ry4ien L.pBy:

Print Name: .

Title: - Is.Date:

Telephone: \b3 t a3 t3,3

35

The following policies have been formulated to assure timely and accurate payments by DouglasCounty Government to its Contractors. Invoices submitted which are not in complete accordancewith these policies will be returned (mailed) without payment to the Contractor for completion.

I. Each invoice for progress payment and/or final payment must list the description andlocation of the work being performed. Contractor's invoice for materials being billed mustalso be attached.

All invoices are to be submitted to Douglas County Department of Public WorksEngineering, Engineering Division, Philip S. Miller Building, 100 Third Street, Suite 220,Castle Rock, CO 80104, and Attention: Amy Branstetter, Project Engineer.

Invoices must be submitted by the last day of the month to be paid net 30 days. Under nocircumstances will a Contractor be paid more than once a month. Errors will be correctedon the next pay cycle.

Checks will be mailed monthly. When payment dates occur on Saturday or Sunday,payment will be made on the first working day following such date.

ACKNOWLEDGMENT

I have read the above procedures and understand that any deviation therefrom will cause delays inthe payment oftho invoices involved.

Contractor:

Signed by:

Print Name:

Title:

Date:

OWNER'S PAYMENT POLICIES

36

; DOUGLAS COUNTYCOLORADO

STANDARD SPECIAL PROVISIONSFOR DOUGLAS COUNTY

CONSTRUCTION PROJECTS

2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS

CHAMBERS AT HASELEY TRAIL CROSSINGTIMBERVALE TRAIL CROSSING

GLENSTONE CIRCLE SOUTH CROSSING

DOUGLAS COUNTY PROJECT NUMBERTF 2013-024, TF 2013-030, TF 2013-039

January 2014

J


TF 2013-030, TF 2013-039

TABLE OF CONTENTS

DOUGLAS COUNTY STANDARD SPECIAL PROVISIONS: Page

Revision of Section 101 Definitions and Terms (May 15, 2013) SSP-3

Revision of Section 103 Award and Execution of Contract (January 1,2013) SSP-5

Revision of Section 104 Scope of Work (January 1,2013) SSP-6

Revision of Section 105 Control of Work (July 11,2013) SSP-l0

Revision of Section 107 Legal Relations and Responsibilityto Public (May 15, 2013) SSP-21

Revision of Section 108 Prosecution and Progress (January 1,2013) SSP-25

Revision of Section 109 Measurement and Payment (January 1, 2013) SSP-28

SSP-2

Standard Special Provisions May 15, 2013

REVISION OF SECTION 101DEFINITIONS AND TERMS

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

Wherever in the Standard Specifications, Standard Plans, Plans or Special Provisions the followingdefinitions and terms are used; the intent and meaning shall be interpreted as follows:

ADDENDUM or ADDENDA Any change(s), revisions(s) or clarification(s) of the ContractPlans or Special Provisions which have been duly issued by Douglas County to prospectiveBidders prior to the time of receiving bids.CHIEF ENGINEER The County Representative of Douglas County, Colorado, actingeither directly or through properly authorized agents, such agents acting within the scope ofthe particular duties delegated to them.COUNTY Douglas County, Colorado.DEPARTMENT - Department of Public Works Engineering, Engineering Division, DouglasCounty, Colorado.COLORADO DEPARTMENT of TRANSPORTATION (CDOT), RESIDENTENGINEER, DISTRICT ENGINEER, ENGINEER, PROJECT ENGINEER orREGION TRANSPORTATION DIRECTOR, County Project Engineer or the equivalentauthorized County Representative(s) of Douglas County Colorado, acting either directly orthrough properly authorized agents, such agents acting within the scope of the particularduties delegated to them.EROSION CONTROL SUPERVISOR The Grading, Erosion and Sediment ControlManager as identified in Douglas County's Grading. Erosion and Sediment Control Manual(GESC Manual), herein after referred to as the Contractor's Erosion Control Supervisor(ECS).GRADING, EROSION AND SEDIMENT CONTROL (GESC) PLAN /STORMWATERMANAGEMENT PLAN (SWMP) The GESC PIanISWMP comprises those contractdocuments designed in accordance with the Douglas County GESC Manual and the ColoradoDepartment of Public I-Iealth and Environment (CDPI-IE) General Permit requirements andcontain the requirements to implement effective erosion and sediment control BestManagement Practices (BMP5) as a standard for all land disturbance activities to reduceincreases in erosion and sedimentation over pre-construction conditions.HOLIDAYS. Holidays recognized by Douglas County are:

New Year's DayDr. Martin Luther King, Jr. Birthday (observed)President's DayMemorial DayIndependence DayLabor DayVeteran's DayThanksgiving DayFriday after Thanksgiving DayChristmas Day

SSP-3


REVISION OF SECTION 101DEFINITIONS AND TERMS

- Continued -

When one of these holidays fall on a Sunday, the following Monday shall be considered aholiday. When one of these holidays fall on a Saturday, the preceding Friday shall beconsidered a holiday.

(i) NOTICE OF INTENT TO AWARD Notification given by the County Representative tothe successful bidder of the County Staffs intent to recommend award of the Project to theDouglas County Board of County Commissioners.PROJECT The specific location of work as described within the contract documents, onwhich construction is to be performed.

(k) STATE, STATE OF COLORADO or COLORADO DEPARTMENT OFTRANSPORTATION (CDOT) - Douglas County, Colorado.

(1) WRITTEN NOTICE Written Notice shall be defined as all communication given by eitherparty to the Contract through the following means:

Delivered to the office of the Contractor, the office being located at the physical addressstated by the Contractor on the signature page of the Agreement (or at such other officeas the Contractor may, from time to time, designate in writing).Delivered to the County at the physical address of: Douglas County Department ofPublic Works Engiheering, Engineering Division located in the Philip S. MillerBuilding, Second Floor, 100 Third Street, Suite 220, Castle Rock, CO 80104.Written communication deposited and delivered through the United States PostalService in a sealed, postage-prepaid envelope to such address as directed within theContract.Delivery by facsimile (fax) to the facsimile address (telephone number) directed withinthe Contract.Delivery through electronic mail (e-mail) to the e-mail address directed within theContract.

S SP.-4

Standard Special Provisions January 1, 2013

REVISION OF SECTION 103AWARD AND EXECUTION OF CONTRACT


103.02 AWARD OF CONTRACT

Subsection 103.02 is hereby revised to include the following:

The Contract, if awarded, shall be excuted within ninety (90) calendar days after the opening ofBid Proposals unless both the successful bidder and the County agree in writing to allow additionaltime. The Contract will be awarded to the lowest responsive, responsible bidder who will serve thebest interests of the Owner; and the Owner reserves the right to make this determination. TheCounty, however, reserves the right to reject any and all bids, to waive informality ortechnicality in any bid, and to (lisregard all non-conforming, non-responsive conditional oralternate bids whenever such rejection or waiver is in the County's best interest.

The successful bidder will be notified at the earliest possible date, by telephone, fax or letter mailedto the address shown on their Proposal that their bid has been reviewed and Douglas CountyEngineering will be recommending to the Board of County Commissioners award of the Contract tothat bidder.

In determining whether the low bid is from a "responsive and responsible bidder," the followingcriteria will be considered:

Whether the Bidder has received CDOT prequalification status (active status) for bidding oncontracts of a similar size and type;The Bidder's financial responsibility and financial capability to complete the work;The Bidder's previous performance (both satisfactory and unsatisfactory) on completing priorDouglas County contracts, including performance of any required warranty repair work;The Bidder's quality of work previously performed for developers, CDOT and bthergovernmental agencies.

103.04 EXECUTION AND APPROVAL OF CONTRACT


The Agreement shall be signed by the successful bidder and returned with acceptable contractPayment and Performance Bonds, Certificate of Insurance, Warranty, and all other formal contractdocuments within ten (10) days after the date of Notice of Intent to Award. If the Agreement isnot executed by Douglas County within sixty (60) days from the date of receipt of thisAgreement, Payment and Performance Bonds, Certificate of Insurance, Warranty and other formalcontract documents, the Bidder shall have the right to withdraw the Bid Proposal without penalty.

SSP-5

Stat, dard Special Provisions January 1,2013

REVISION OF SECTION 104SCOPE OF WORK


104.01 INTENT OF CONTRACT

Subseètion 104.01 is hereby revised to include the following:

All corhmunications between the Contractor and the County shall conform to the following:

All notices, demands, requests, instructions, approvals, proposals, and claims must be in the form ofWritten Notice as defined in Section 101. The County will not recognize "Constructive Notice"in lieu of Written Notice.

104.02 DIFFERING SITE CONDITIONS, SUSPENSIONS OF WORK, ANDSIGNIFICANT CHANGES IN THE CHARACTER OF WORK

Subscction 104.02(a) is hereby revised to include the following:

All disputes arising under this Contract or its interpretation, whether involving law, fact, or both, orextra work within seven (7) calendar days of commencement of the disputes, be presented by theContractor to the Engineer in writing for decision. All papers pertaining to disputes shall be filed induplicate. Such notice need not detail the dollar amount of the dispute, but shall state the factssurrounding the dispute in sufficient detail to identify the dispute together with its character andscope. In the meantime, the Contractor shall proceed with the work as directed. Any dispute notpresented within the time limit specified within this paragraph shall be deemed to have beenwaived, except that if the dispute is of a continuing character, the dispute will be considered onlyfor a period commencing seven (7) calendar days prior to the receipt by Douglas County of writtennotice thereof Constructive Notice will not be recognized.

Claims for additional compensation for extra work due to alleged errors in ground elevations,contour lines or bench marks will not be recognized unless accompanied by certified survey datamade prior to the time the original ground was disturbed, and clearly showing that errors existedwhich resulted or would result in handling more material or performing more Work than would bereasonably estimated from the plans issued by Douglas County. Any discrepancies, which may bediscovered between actual conditions and those represented by the plans, shall at once, but no laterthan within twelve hours of discovery, be reported by the Contractor to the Engineer; and workshall not proceed, except at the Contractor's risk or unless the Engineer has directed in writing theContractor to continue working.

Delete Subsection 104.02(c) in its entirety and replace with the following:

(c) Signcant Changes in the Character of the Work. The Engineer reserves the right to make, inwriting, at any time during the work;; such changes in quantities and such alterations in thework as are necessary to satisfactorily complete the Project. Such changes in quantities andalterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to

SSP-6


- Continued -

Unless such alterations and increases or decreases materially change the character of the workto be performed or the cost thereof, the altered work shall be paid for at the same unit prices asother parts of the work. If, however, the character of the work or the unit cost thereof ismaterially changed, an allowance shall be made on such basis as may have been agreed to inadvance of the performance of the work. In case no such basis has been previously agreedupon, then an allowance shall be made, either for or against the Contractor, in an amount asthe Engineer may determine to be fair and equitable. Material change of the character of thework to be performed or the cost thereof as used herein means an increase or decrease inquantities over or under the plan quantities amounting to an aggregate increase or decrease tothe original Total Contract Amount of twenty-five percent (25%) or more.

The Unit Price for each of the listed items in the Bid Proposal shall include its prorated shareof overhead, so that the sum of the products obtained by multiplying the quantity shown foreach item by the unit price bid represents the total Bid. The special attention of all bidders iscalled to this provision, for should conditions make it necessary to revise the quantities, nolimit will be fixed for such increased or decreased quantities

No adjustment to unit prices will be allowed, provided the net monetary value of all suchadditive and subtractive changes in quantities of such items of work (i.e., difference in cost)does not increase or decrease the original Total Contract Amount by more than twenty-five percent (25%).

The County may make changes in the scope of the work required to be performed by theContractor under this Contract by making additions thereto, or by omitting work therefrom,without invalidating the Contract, and without relieving or releasing the Contractor from anyobligations under the Contract or any guarantee given by the Contractor pursuant to theContract provisions, and without affecting the validity of the bonds, provided that the total netamount of the changes do not change the original Total Contract Amount by more thantwenty-five percent (25%). MI such work shall be executed under the terms of the originalContract unless it is expressly provided otherwise in writing.

If applicable unit prices are contained in the Contract (established as a result of a unit pricebid), the County may order the Contractor to proceed with desired changes in the work, thevalue of such changes to be determined by the measured quantities involved and theapplicable unit prices specified in the Contract.

If applicable unit prices are not contained in the Contract, or if the total net change increasesor decreases the original Total Contract Amount more than twenty-five percent (25%),the County shall, before ordering the Contractor to proceed with desired changes, request anitemized proposal from the Contractor covering the work involved in the change, after whichthe procedure shall be as follows:

SSP-7

perform the work as altered.Standard Special Pro visions January 1, 2013

Standard Special Provisions Jan nary 1, 2013


Continued

If the proposal is acceptable, the County will prepare a change order in accordance therewithfor acceptance by the Contractor. Each change order shall include in its final form:

A detailed description of the change in the work,The Contractor's proposal (if any) or a confirmed copy thereof,A definite statement as to the resulting change in the Contract Price and/or Time,The statement that all work involved in the change shall be performed in accordancewith Contract Requirements except as modified by the change order.

104.04 MAINTAINING TRAFFIC


Before proceeding with construction, the Contractor will submit to the Engineer a detailed proposalin writing of his method of handling traffic during construction for review and approval. TheOwner/Engineer shall require no more than ten (10) calendar days to review and approve theContractor's submittal; and the Contractor shall take this into consideration when planning hisschedule for these submittals. It is the Contractor's responsibility to adequately plan the submittalof all necessary Traffic Control Plans (TCP) in order for approval to be granted at least three (3)calendar days prior to construction or at least three (3) calendar days prior to a change incondition.

During the course of construction, the Contractor shall provide a detailed TCP, which shows howthe Contractor will handle traffic for the various phase(s) of the schiduled construction work.Details in the TCP will include, but not be limited to, hours of work in compliance with the Project.

Special provisions, placement of signs and barricades, use of traffic control devices such as cones,barriers, and barricades, stationing of flagging personnel, access control, temporary striping,maintenance of detours, dust abatement, and length of lane closure tapers.

The Contractor will not be permitted to have construction equipment or materials in the lanes opento traffic at any time unless so directed in writing by the Engineer. The Contractor shall removeand reset all construction signs prior to the commencement of any adjacent construction. If theEngineer determines that construction signs, channelizing devices or materials being used aredamaged, worn, faded, or are incapable of conveying the intended message or serving the intendedpurpose, the Contractor shall replace or repair such signs, devices or materials as directed by theEngineer. The cost of any repair or replacement shall be included in the work. The Contractor iscautioned that parking of all vehicles and construction equipment parking is prohibited when it orits location conflicts with safety access or the flow of traffic.

The Contractor will be required to notify the County three (3) calendar days prior to the date theContractor intends to start construction.

SSP-8



- Continued -

During the various phase(s) of construction of this Project, traffic will need to use the currentexisting traveled roadways, unless noted otherwise in the plans or contract documents. Temporarydetours shall be submitted to the Engineer for review and approval.

Measurement or payment will not be made for the costs associated with temporary detours unlessspecified otherwise in the plans or Project Special Provisions (PSPs). If the Contractor determinesthat additional temporary detours across private property are advantageous, then the Contractor isresponsible for all costs associated with constructing and maintaining the detours and any additionalcosts to obtain the additional easements. The Contractor shall provide written proof of permissionfrom private property owner(s) and insurance and indemnification for the County to the Engineerprior to scheduling work to commence on said private property.

The Contractor shall be responsible for furnishing and maintaining all tfaffic control devices inaccordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shallbe responsible for providing and maintaining all temporary pavement markings in accordance withMUTCD, until the final striping is completed and the Project is accepted by the County.

The Traffic Control Supervisor (TCS) and all flagging personnel shall be certified by the ColoradoDepartment of Transportation before workihg on this Project and shall maintain such certificationthroughout the Project duration.

The Contractor shall not place emulsion or tack coat on any surface where traffic will be required totravel upon the fresh emulsion or tack coat.

The Contractor shall inspect, maintain and keep all traffic control devices clean throughout theProject duration, including during periods when other work required for the Project has beensuspended due to inclement weather, unless approved otherwise in writing by the Engineer.

SSP-9

Standard Special Provisions July 11, 2013

REVISION OF SECTION 105CONTROL OF WORK


105.09 COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTALSPECIFICATIONS AND SPECIAL PROVISIONS


Any work shown on the plans and not covered in the special provisions or included in the specialprovisions and not shown on the plans, shall be executed by the Contractor as though shown bothon the plans and included in the special provisions. The plans, special provisions, StandardSpecifications, Standard Plans, and all supplementary documents are intended to be complete andcomplementary. If any omissions are made which are necessary to cany out the 11111 intent andmeaning of the Contract, the Contractor shall supply such omissions, at no additional cost to theCounty, as though they have been fully set forth in the plans, special provisions, or the Contract.All work to be performed under this Contract shall be governed by said plans and specialprovisions, including all Addenda thereto, unless modified by any technical specifications, whichare included in the contract Documents.

In case of discrepancy, the order of precedence is as follows:

(a) Change Orders(b) Addenda(c) Notice to Bidders(d) Special Provisions

I. Project Special ProvisionsStandard Special ProvisionsCDOT Standard Specifications for Road and Bridge Construction, Dated 2011

(e) Plans

Detailed PlansCDOT Standard Plans - M&S Standards, Dated July, 2012 and most recent revisionswhere calculated and specified dimensions will govern over scaled dimensionsDouglas County Roadway Design and Construction Standards, as revised May, 2013Douglas County Grading. Erosion and Sediment Control Manual (GESC Manual), asamended

(f) CDOT Supplemental Specifications(g) CDOT Construction Manual(h) CDOT Field Materials Manual

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Sta,,dard Special Provisions July 11, 2013

REVISION OF SECTION 105

CONTROL OF WORK- Continued -

105.10 COOPERATION BY CONTRAcTOR


The Contractor for the work required will be supplied, without charge, ten (10) complete sets of theContract Documents (plans and specifications) that are stamped "For Construction." At least oneset of the Contract Documents shall be available at the Project site at all times. Additional sets ofcontract documents can be provided to the Contractor at a cost of Thirty-Five Dollars ($35.00) perset, unless such additional cost is waived by the Engineer or the actual costs are less than Thirty-Five Dollars ($35.00). Douglas County's Roadway Design and Construction Standards may beinspected at the County Engineer's office.

It shall be the responsibility of the Contractor to make timely requests of the County for anyadditional information (RFI) not already in his possession which the Contractor believes should befurnished by the County under the terms of this Contract, and which will be required in the planningand execution of the work. Such requests shall be submitted in writing as the need is identified, buteach request shall be filed in ample time to permit appropriate action to be taken by all partiesinvolved, so as to avoid delay. The Contractor shall, if requested, promptly furnish any assistanceand information the County Project Engineer may require to respond to these requests by theContractor. The Contractor shall be fully responsible for any delay in his work or delay to othersarising from his failure to comply fully with the provision(s) of this paragraph.

105.16 INSPECTION AND TESTING OF WORK


Approval of any material shall be general only and shall not constitute a waiver of the County'sright to demand full compliance with Contract requirements. After actual deliveries, the Engineermay have quality assurance tests made as he deems necessary and may reject materials, equipment,and accessories for cause, even though such materials and articles have been given generalapproval. If materials, equipment or accessories fail to meet quality assurance tests, the Engineerwill have the right to cause their removal and replacement by proper materials, equipment oraccessories, or to demand and secure such reparation by the Contractor as is equitable.

Except as othenvise specifically stated in the Contract, costs of testing will be divided as follows:

The Contractor shall assume all costs of re-testing materials which fail to meet Contractrequirements;The Contractor shall assume all costs of testing materials offered in substitution for thosefound deficient;The Contractor shall furnish, without extra cost, all samples required for testing purposes;The Contractor shall pay for materials testing necessary to test materials for conformity to thcspecifications prior to construction. This includes, but is not limited to, aggregate materialsand gradation, emulsified oils, hot bituminous mix and concrete mix.

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The Contractor shall notify the Engineer sufficiently in advance of backfiuing or concealing anyfacilities to permit proper time for inspection and testing. If any facilities are concealed withoutapproval or consent of the Engineer, the Contractor shall uncover those facilities for inspection andrecover all such facilities at the Contractor's sole expense, when so requested and deemed necessaryby the Engineer.

Materials and appurtenances to be incorporated in the work are subject to inspection at the place ofproduction, manufacture or shipment. Such inspections and acceptance shall, unless otherwisestated in the Standard Specifications or these special provisions, be final, except as regards (1).latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss intransit, or (4) fraud or such gross mistakes as amount to fraud. Not withstanding, the requirementscontained in the preceding sentence, insp&ction of materials, as a whole or in part, will be made atthe Project site.

105.21 ACCEPTANCE

Delete Subsection 105.21(a) in its entirety and replace with the following:

(a) Partial Acceptance. There will be no partial acceptance of any unit or portion of theProject, unless authorized in writing by the Engineer.

105.22 DISPUTE RESOLUTION

Delete Subsection 105.22 in its entirety and replace with the following:

Subsections 105.22, 105.23 and 105.24, as revised, detail the process through which the parties(Douglas County and the Contractor) agree to resolve any issues that may result in a dispute. Theintent of the process is to resolve issues early, efficiently and as close to the project level aspossible. Specified time frames may be extended by mutual agreement of the Project Engineer andthe Contractor, as agreed to and stipulated in writing.

A dispute is a disagreement concerning contract price, time and interpretation of the Contract, orany combination of the three between the parties at the project level regarding or relating to theContract. Disputes include, but are not limited to, any disagreement resulting from a delay, achange order, another written order or an oral order from the Project Engineer, including anydirection, instruction, interpretation or determination by the Project Engineer, interpretation of theContract provisions, plans, specifications or the existence of alleged differing site conditions.

When an issue arises on the Project that cannot be resolved between the parties, either party mayconsider it a dispute and initiate the dispute resolution process as described in Revision ofSubsection t05.22 by written notice to the other party.

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Standard Special Pro visions fitly 11, 2013


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If the Project Engineer does not respond within the specified timelines, the Contractor may advancethe dispute to the next level.

The dispute resolution process set forth in this subsection shall be exhausted in its entirety prior toinitiation of the Administrative Hearing Process defined in Subsection 105.23, as revised. Failureto comply with the requirements set forth in this subsection shall bar either party from any furtheradministrative, equitable or legal remedy. If a deadline is missed that does not prejudice eitherparty, further relief shall be allowed.

All disputes and claims shall be submitted within thirty (30) days of the date of the certified lettersubmitting the Final Application for Payment to the Contractor. Failure to submit a dispute orclaim within this time period releases the County from all disputes and claims for which notice hasnot already been submitted in accordance with the Contract.

All disputes and claims seeking damages calculated on a Total Cost or Modified Total Cost basiswill not be considered unless the party asserting such damages establishes all the legal requirementstherefore.

(a) Document Retention. The Contractor shall keep full and complete records of the costs andadditional time incurred for each dispute for a period of at least three years after the date offinal payment or until dispute is resolved, whichever is more. The Contractor, subcontractorsand lower tier subcontractors shall provide adequate facilities, acceptable to the ProjectEngineer, for an audit during normal business hours. The Contractor shall permit the ProjectEngineer or County auditor (and staff) to examine and copy those records and all otherrecords required by the Project Engineer to determine the facts or contentions involved in thedispute. The Contractor shall identi& and segregate any documents or information that theContractor considers particularly sensitive, such as confidential orproprietary information.

Throughout the dispute, the Contractor and the Project Engineer shall keep complete dailyrecords of extra costs and time incurred, in accordance with the following procedures:

Daily records shall identify each operation affected, the specific locations where work isaffected, and the potential effect to the project's schedule. Such records shall alsoreflect all labor, material and equipment applicable to the affected operations.

2. On the first work day of each week following the date of the written notice of dispute,the Contractor shall provide the Project Engineer with the daily records for theproceeding week. If the Contractor's records indicate costs greater than those kept by theCounty, the Project Engineer will meet with the Contractor and present his records to theContractor at the meeting. The Contractor shall notify the Project Engineer in writingwithin three work days of any inaccuracies noted in, or disagreements with the County'srecords.

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Standard Special Provisions Mily 11, 2013


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(b) Initial Dispute Resolution Process. To initiate the dispute resolution process, either partyshall provide a written notice of dispute to the other party upon the failure of the Parties toresolve the issue through negotiation. Disputes will not be considered unless the initiatingParty has first complied with specified issue resolution processes such as those specified inSubsections 104.02, 106.05, 108.08(a), and 108.08(d).

The Contractor shall supplement the written notice of dispute within fifteen (15) days with awritten Request for Equitable Adjustment (REA) providing the following:

I. The date of the disputeThe nature of the circumstances which caused the disputeA statement explaining in detail the specific provisions of the Contract and any basis,legal or factual, which support the disputeIf any, the estimated quantum, calculated in accordance with methods set forth inSubsection 105:24(b) 12, of the dispute with supporting documentationAn analysis of the progress schedule showing the schedule change or disruption if theContractor is asserting a schedule change or disruption.

The Contractor shall submit as much information on estimated quantum and any impacts tothe Contract time as is reasonably available with the REA, and then supplement the REA asadditional information becomes available.

(c) Project Engineer Review. Within fifteen (15) days after receipt of the REA, the ProjectEngineer will meet with the Contractor to discuss the merits of the dispute. Within seven (7)days after this meeting, the Project Engineer will issue a written decision on the merits of thedispute.

The Project Engineer will either deny the merits of the dispute or notify the Contractor that thedispute has merit. This determination will include a summary of the relevant facts, Contractprovisions supporting the determination and an evaluation of all scheduling issues that may beinvolved.

If the dispute is determined to have merit, the Contractor and the Project Engineer willdetermine the adjustment in payment, schedule or both within thirty (30) days. When asatisfactory adjustment is determined, it shall be implemented in accordance with Subsections106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute will be resolved.

If the Contractor accepts the Proj ect Engineer's denial of the merits of the dispute, the disputeis resolved and no further action will be taken. If the Contractor does not respond in seven (7)days, it will be assumed he has accepted the denial. If the Contractor rejects the ProjectEngineer's denial of the merits of the dispute or a satisfactory adjustment of payment orschedule caimot be agreed upon within thirty (30) days, the Contractor may further pursueresolution of the dispute by providing written notice to the Authorized County Representativewithin seven (7) days, according to Subsection 105.22(d).

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S/a,, third Special Provisio,,s fitly 11, 2013


Continued -

(d) Authorized County Representative Review. Within seven (7) calendar days after receipt of theContractor's written notice to the Authorized County Representative of unsatisfactoryresolution of the dispute, the Project Engineer and Authorized County Representative willmeet with the Contractor to discuss the dispute. Meetings shall continue weekly for a periodof up to thirty (30) days and shall include a Contractor's representative with decision authorityabove the project level.

If these meetings result in resolution of the dispute, the resolution will be implemented inaccordance with Subsections 108.08, 109.04, 109.05 or 109.10 and the dispute is resolved.

If these meetings result in resolution or the participants mutually agree that they have reachedan impasse, the dispute shall be presented to the Dispute Review Board (DRB) in accordancewith Subsection 105.23, as revised.

If the dispute escalates to the DRB process, the DRB shall not hear any issue or consider anyinformation that was not contained in the Request for Equitable Adjustment and fillysubmitted to the Project Engineer during the process described in Subsection 105.22 and thisRevision of Subsection 105.22.

105.23 DISPUTE REVIEW BOARD

In Subsection 105.23(b), delete items 3 and 4 and replace with the following:

If the dispute has a value over $250,000, the On Demand DRE shall have threemembers. The Contractor and Douglas County shall each select a member, and thosetwo members shall select a third. Once the third member is approved, the threemembers will elect one member to be the Chair and execute the agreement within 45days of initiating the DRB process.The Standing DRB shall always have three members. The Contractor and DouglasCounty shall each select a member, and those two members shall select a third member.Once the third member is approved, the three members will elect one of themselves tobe the Chair.

The Contractor arid Douglas County shall exchange their proposed Standing ORBmember within five (5) days of execution of the Contract. The third member shall beselected within fifteen (15) days of execution of the Contract. Prior to constructionstarting, the parties shall execute the Three Party Agreement. The Project Engineer willbe responsible for executing the Agreement. The Project Engineer will invite theStanding DRB members to the Pre-construction and any Partnering Conferences.

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Continued -

Subsection 105.23(c) is hereby revised to include the following:

(c) Additional Responsibilities of the Standing Dispute Review Board

4. Advisory Opinions

Advisory opinions are typically used soon after the parties find they have apotential dispute and have conducted preliminary negotiations, but beforeexpenditure of additional resources and hardening their positions. Advisoryopinions provide quick insight into the DRB's likely assessment of the dispute.This process is quick and may be entirely oral and does not prejudice theopportunity for a DRB hearingBoth parties must agree to seek an advisory opinion, and notif3 the chairperson.The procedure for requesting and issuing advisory opinions should be discussedwith the DRB at the first meeting with the parties.The DRE may or may not issue a written opinion, but if a written advisory opinionis issued, it must be at the specific request of both parties.

0. The opinion is only advisory and does not require an acceptance or rejection byeither party. If the dispute is not resolved and a hearing is held, the oralpresentations and advisory opinion are completely disregarded, and the DRBhearing procedure is followed.

F. Advisory opinions should be limited to merit issues only.

In Subsection 105.23(d), delete item 1 and replace with the following:

1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time.The hearing shall be held at the County's office unless an alternative location is agreedto by both parties. Unless otherwise agreed to by both parties, the DRB hearing will beheld within thirty (30) days after the DRB agreement is signed by all members of theDRB.

Delete Subsection 105.23(e) in its entirety and replace with the following:

Pie-Hearing Submittal: At least fifteen (15) days prior to the hearing, Douglas County andthe Contractor shall submit by e-mail to the DRE Chairperson their pre-hearing positionpaper, The DRB Chairperson shall concurrently distribute, by e-mail, the pre-hearing positionpapers to all parties and other DRB members, if any. At the same time, each party shallsubmit a copy of all its supporting documents to be used at the hearing to all DRB Membersand the other party, unless the parties have agreed to a common set of documents as discussedin number 2. below. In this case, Douglas County shall submit the common set of documentsto the DRB and the Contractor. The pre-hearing position paper shall contain the following:

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Standard Special Pro visions July 11, 2013


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A joint statement of the dispute and the scope of the desired decision. The jointstatement shall summarize in a few sentences the nature of the dispute. If the parties areunable to agree on the wording of the joint statement, each party's position paper shallcontain both statements and identif' the party authoring each statement. The partiesshall agree on a joint statement at least twenty (20) days prior to the hearing and submitit to the DRB, or each party's independent statement shall be submitted to the DRB andthe other party at least twenty (20) days prior to the hearing.

2. The basis and justification for the party's position, with reference to specific contractlanguage and other supporting documents for each element of the dispute. To minimizeduplication and repetitiveness, the parties may identify a common set of documents thatwill be referred to by both parties and submit them in a separate package to the DRB.The Project Engineer will provide a hard copy of the project plans and Project andStandard Special Provisions, if necessary, to the DRB. Other referenced items withinthe Contract Documents, such as CDOT Standard Specifications and CDOT StandardPlans-M&S Standards are available on the CDOT website.

If any party contends that their participation is not necessary to the proceedings,the DRB shall determine that issue in the first instance. Should the DRBdetermine that a dispute does not involve that party, then that party shall berelieved from participating in the DRB hearing and from paying any further DRBcosts.When the scope of the hearing includes quantum, the requesting party's positionpaper shall include full cost details, calculated in accordance with methods setforth in Subsection 105.24(b)12. The Scope of the hearing will not includequantum if Douglas County has ordered an audit and that audit has not beencompleted.

A list of proposed attendees at the hearing. In the event of any disagreement, the DRBshall make the final determination as to who attends the hearing.A list of any intended experts, including their qualifications, a summary of what theirpresentation will include, and an estimate of the length of the presentation.

The number of copies, distribution requirements, and time for submittal shall beestablished by the DRB and communicated to the parties by the Chairperson.

A pre-hearing phone conference with all DRB members and the parties shall beconducted as soon as a hearing date is established, but no later than ten (10) days prior tothe hearing. The DRB Chairperson shall explain the specifics of how the hearing will be

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conducted, including how the two parties svill present their information to the DRB (Ex:Each party makes a full presentation of their position or presentations will be made on a"point by point" basis with each party making a presentation only on an individualdispute issue before moving onto to the next issue). If the pre-hearing position papersand documents have been received by the DRB prior to the conference call, the DRBChairperson shall at this conference discuss the estimated hours of review and researchactivities for this dispute (such as time spent evaluating and preparing recommendationson specific issues presented to the DRB). If the pre-hearing position papers anddocuments have not been received by the DRB prior to the conference call, anotherconference call will be scheduled during the initial conference call to discuss theestimated hours of review. Compensation for time agreed to in advance by the partieswill be made at an agreed rate of $125 per hour in accordance with Subsectionl05.23(k)2. Compensation for the phone conference time will also be made at an agreedto rate of $125 per hour in accordance with Subsection 105.23(k)2. The ProjectEngineer shall coordinate the phone conference.

In Subsection 105.23(f), delete items 2 and 3 and replace with the following:

The party who requested the DRB presents the dispute in detail, as supported bypreviously submitted information and documentation in the pre-hearing position paper.No new information or disputes will be heard or addressed by the DRB.The other party presents its position in detail, as supported by previously submittedinformation and documentation in the pre-hearing position paper. No new informationor disputes will be heard or addressed by the DRB.

In Subsection 105.23(t), delete item 9 and replace with the following:

9. The DRB shall hear only those disputes identified in the written request for the DRB andthe information contained in the pre-hearing submittals. The DRB shall not hear otaddress other disputes. If either party attempts to discuss a dispute other than those to beheard by the DRB or attempts to submit new information, the chairperson shall informsuch party that the DRB shall not hear the issue and shall not accept any additionalinformation. The DRB shall not hear any issue or consider any information that was notcontained in the Request for Equitable Adjustment and frilly submitted to the ProjectEngineer and Transportation Capital Projects Manager during the process described inSubsection 105.22 and this Revision of Section 105.22.

Subsection 105.23(i) is hereby revised to include the following.(as the fourth paragraph):

If either party fails to submit its written acceptance or rejection of the DRB'srecommendation, according to these specifications, such failure shall constitute that party'sacceptance of the DRB 's recommendation.

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REVISTON OF SECTION 105

CONTROL OF WORKContinued

105.24 CLAIMS FOR UNRESOLVED DISPUTES

In Subsection 105.24, delete paragraphs I through 7 and replace with the following:

The Contractor may file a claim only if the dispute resolution process described in Subsections105.22, 105.23 and these Revisions of Subsections 105.22 and 105.23 has been exhausted. Thissubsection applies to any unresolved dispute or set of disputes between the County and theContractor with an aggregate of more than $15,000. The venue for all unresolved disputes with anaggregate of$15,000 or less shall be the County Court of Douglas County.

All claims of any nature whatsoever regarding the Contract, including, without limitation,Contractor claims for additional compensation or extensions' of Contract Time, and claimsinvolving claimed breach of or default under the Contract, shall be resolved by an AdministrativeHearing. Such Administrative Hearing shall be conducted pursuant to the procedures set forth inthis section.

If either party raises a question concerning whether any issue or claim raised in such administrativeproceeding is within the scope of the Contract's dispute or claim resolution provisions, includingthis Section, such question shall be decided by the Hearing Officer assigned to hear the matter.

The Contractor expressly agrees that the provisions of Subsection 105.24 and this Revision ofSubsection 105.24 provide the only claim resolution mechanism for claims asserted by theContractor, regardless of any claimed theory of entitlement by the Contractor or its subcontractorsor suppliers.

Delete Subsection 105.24(c) in its entirety and replace with the following:

(c) Audit. An audit may be performed by the County for any claim, including claims withamounts greater than $250,000. All audits will be completed within sixty (60) days followingreceipt of the complete claim package, provided the Contractor allows the auditors reasonableand timely access to the Contractor's books and records.

Delete Subsection 105.24(0 in its entirety and replace with the following:

(I) Adn,inistratipe Review and Court Proceedings.

Any party who disputes any determination made pursuant to Subsection 105.23 and thisRevision of Subsection 105.23, which determination adversely affects such Contractor,may petition the County Manager for a hearing concerning such determination no laterthan thirty (30) days after having been notified of any such determination. Compliancewith the provisions of this subsection shall be a jurisdictional prerequisite to any action

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brought under the provisions of this section and failure of compliance shall forever barany such action.The County Manager may hold such hearing himself or at his sole discretion maydesignate a consultant or employee of the Douglas County Engineering Division as ahearing officer with authority to hold such hearing or such hearings. The CountyManager may also designate an independent hearing officer retained for that purpose bycontract.Such petition shall be in writing, and the facts and figures submitted shall be submittedunder oath or affirmation either in writing or orally at a hearing scheduled by the CountyManager or the hearing officer. The hearing, if any, shall take place in the County, andnotice thereof and the proceedings shall otherwise be in accordance with rules andregulations issued by the County Manager. The petitioner shall bear the burden of proofand the standard of proof shall conform with that in civil, nonjury cases in the State ofColorado District Court.Thereupon, the County Manager or his designee shall make a final determination. Suchfinal determination shall be considered a final agency action and may be reviewed underColorado Revised Statutes § 24-4-106 and Rule 106(a)(4) of the Colorado Rules of CivilProcedure by the petitioner or by the County unless a reconsideration is requested byany party. A request for reconsideration of the determination may be made if filed withthe County Manager within fifteen (15) days of the date of determination, in which casethe County Manager shall review the record if the proceedings were conducted by adesignated hearing officer, and issue a written determination that shall be considered afinal order of the County Manager upon the date it is signed.The District Court of Douglas County, State of Colorado shall have original jurisdictionin proceedings to review all questions of law and fact determined by the CountyManager by order or writ under Colorado Revised Statutes § 24-4-106 and Rule106(a)(4) of the Colorado Rules of Civil Procedure.

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REVISION OF SECTION 107LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

Section 107 of the Standnrd Specifications is hereby revised as follows:

107.12 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

In Subsection 107.12, delete the last paragraph and replace with the following:

Measures to minimize damage to existing trees have been incorporated into the design of thisProject. Due to the value of existing trees located within the Project limits, removal of trees hasbeen minimized through the extensive use of ditch adjustments, grade and alignment adjustmentsand other techniques.

The Contractor shall take all precautions necessary to protect all trees not designated fortransplanting and/or removal on the Project. Failure of the Contractor to protect existing trees willresult in assessment of liquidated damages as follows:

First occurrence of failure to protect trees $5,000Second occurrence of failure to protect trees $10,000Third occurrence of failure to protect trees Potential Removal of Contractor from Projectplus $10,000 per occurrence

If the Contractor knowingly harms any existing tree(s), he shall immediately notify the Engineer ofthe tree(s) location and damage. Damage to trees that have been identified in the plans to beprotected (or not identified for removal) outside the Project limits (County ROW and / oreasements), or on private property, shall be subject to the above liquidated damages, andpotentially, any additional fines pursued by the owner(s) of the private property.

107.15 RESPONSIBILITY FOR DAMAGE CLAIMS, INSURANCE TYPES ANDCOVERAGE LIMITS


The Contractor shall exercise proper precautionS at all times for the protection of persons andproperty and shall be responsible for all damage to persons or property, either on or off the site,which occur as a result of his prosecution of the work.

The safety provisions of applicable laws and building and construction codes shall be observed, andthe Contractor shall take or cause to be taken such additional safety and health measures as deemednecessary.

The Contractor shall maintain an accurate record of all cases of death, occupational disease, andinjury requiring medical attention or causing loss of time from work arising out of, and in thecourse of, employment on the work under this Contract. The Contractor shall promptly furnish theEngineer with reports concerning these matters.

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Standard Sj'ecia! Provisions May 15, 2013


Continued

The Contractor expressly binds himself to indemnify and save harmless Douglas County against allsuits, actions, claims, costs, expenses, and attorneys fees of any kind and nature brought, or whichmay be brought against the County for or on account of any injuries or damage received orsustained by any person, firm, partnership or corporation, or persons, firms, partnerships orcorporations, in connection with or on account of the performance of the work under this Contractor by or in consequence of any negligence in connection with the same, or on account of the use ofany improper or defective materials or workmanship, or on account of any act or omission orcommissions of the Contractor, or a subcontractor, agents, servants or employees, or for any causearising out of the performance of the subcontractor, agents, servants or employees relating to thisContract. The County may, if it so desires, withhold any payment due the Contractor so long as itshall be reasonably necessary to indemnify the County on account of such injuries or damage.

Subsection 107.15(e) is hereby revised to include the following:

The certificates of insurance shall be provided to Douglas County by the Contractor'sinsurance agent or carrier as evidence that policies providing the required coverage,conditions, and minimum limits are in full force and effect. Insurance limits must be on eachCertificate of Insurance. Each Certificate of Insurance shall be reviewed and approved byDouglas County prior to commencement of the Contract. No other form of certificate shall beused. The certificates shall identify this Contract.

The completed certificates of insurance and any notices, within thirty (30) calendar days ofcancellation, termination, br material change, shall be sent to:

Douglas County Project EngineerDepartment of Public Works Engineering100 Third Street, Suite 220Castle Rock, Colorado 80104

Subsection 107.15(g) is hereby revised to include the following:

Failure on the part of the Contractor to procure or maintain policies providing the requiredcoverage, conditions and minimum limits shall constitute a material breach of contract uponwhich Douglas County may immediately terminate this Contract, or at its discretion DouglasCounty may procure or renew any such policy or any extended reporting period thereto andmay pay any and all premiums in connection therewith, and all monies so paid by DouglasCounty shall be repaid by Contractor to Douglas County upon demand, or Douglas Countymay offset the cost of the premiums against any monies due to the Contractor from DouglasCounty.

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Sheryl D. MonroeDouglas County Risk Management100 Third Street, 3rd FloorCastle Rock, Colorado 80104



Continued -

107.16 OPENING SECTIONS OF PROJECT TO TRAFFIC


The County has the right, subject to reasonable advance notice to the Contractor, to take possessionof and use any completed or partially completed portions of the work. The County has this righteven though the entire work or any portions thereof may, or may not, have been completed. Suchpossession and use shall not be deemed an acceptance of any work until all work has beencompleted in accordance with the Contract. Possession taken by the County pursuant to thisparagraph shall not change the period of warranty requirements pursuant to the Revision of Sections105 and 107.

107.17 CONTRACTOR'S RESPONSIBILITY FOR WORK

Subsection t07.17 is hereby revised to include the following:

Should an excavation become flooded, by any cause, the Contractor shall remove excess water,excavate the unsuitable material to a depth satisfactory to the Engineer and replace it with othersuitable material as approved by the Engineer, at the Contractors expense.

Until final written acceptance of the Project by the County, the Contractor shall have the chargeand care thereof and shall take every precaution against injury or damage to any part thereof by theaction of the elements, groundwater, surface runoff, floods or froni any other cause, whetherarising from the execution or from the non-execution of the work. The Contractor shall rebuild,repair, restore, and make good all injuries or damages to any portion of the work occasioned byany of the above causes before final acceptance and shall bear the expense thereof

The Contractor shall be responsible for the Project and shall take such precautions as may benecessary to construct the Project in a dry condition, provide for drainage, groundwater,underground water, surface runoff; and shall erect any necessary temporary structures or otherfacilities (including pumping and all other dewatering costs) at the Contractor's expense that areneeded to complete the requirements for this Project.

No separate measurement and payment will be made of the work, equipment and materials,including, but not limited to, any additional shoring, rock stabilization, diversions, cofferdams,sheeting, pumping and well points required to control the surface and subsurface water in the workarea throughout the duration of the Project (until the Project is completed and accepted by theEngineer). This work shall be a subsidiary obligation of the Contractor for this Project.

In an emergency affecting the safety of life or property, on or adjoining the site, the Contractor shallact, either at his own discretion, or as instructed by the Engineer, to prevent such threatened loss orinjury. Any compensation claimed by the Contractor on account of such emergency work will bedetermined by the Engineer as provided in Subsections 104.03 and 109.04.

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107.19 FURNIShING RIGHT OF WAY


The Contractor shall construct this Project within the right-of-way, permanent slope easements,permanent drainage easethents, permanent utility easements and temporary construction easements,or as otherwise provided in writing and as shown on the plans. The Contractor, at his expense, shallobtain any additional temporary construction easements that the Contractor wants. The Contractorshall provide the County with a written copy of all third party agreements pertaining to thiscontract. Upon written approval by the Engineer, the County may agree to incorporate the adjacentadditional temporary construction easements into the Project limits. The Contractor will beresponsible for obtaining all applicable Federal, State and Local permits associated with the workoutside the Project limits. No time extensions will be granted by the County for the Contractor toobtain these additional easements. When required, temporary fence will be constructed within thelimits of the temporary construction easements.

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Standard Special Provisions Jan nary 1, 2013

REVISION OF SECTION 108PROSECUTION AND PROGRESS


108.02 NOTICE TO PROCEED


Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice toProceed. The Notice to Proceed will stipulate the date on which contract time commences. TheCounty will issue a Notice to Proceed within thirty (30) calendar days after execution of thisAgreement. The Contractor shall commence work under the Contract on or prior to the tenth (1calendar day following the Notice to Proceed date.

108.03 SCHEDULE


Following the issuance of the Notice to Proceed, the Contractor shall (within ten (10) calendarclays) submit to the County a carefully considered construction schedule.

108.06 CHARACTER OF WORKERS; METHODS AND EQUIPMENT


The Contractor shall be responsible for the scheduling of all work and proper coordination of theoperations of all trades, subcontractors, or material men engaged upon this Contract.

108.08 DETERMINATION AND EXTENSION OF CONTRACT TIME


The contract time is stated in the Notice to Bidders. The contract time will be used to determine theContract Completion Date, The right of the Contractor to proceed shall not be terminated nor shallthe Contractor be charged with liquidated damages for any delays in the completion of the work dueto:

(e) Any acts of Government, including controls or restrictions upon or requisitioning of materials,equipment, tools, or labor by reason of war, national defense, or any other nationalemergency; or

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- Continued

Any acts of Douglas County; orCauses not reasonably foreseeable by the parties to this Contract at the time of the executionof the Contract which are beyond the control and without the fault or negligence of theContractor, including, but not restricted to, acts of God or of the public enemy, acts of anothercontractor in the performance of some other contract with the County, fires, floods, epidemics,quarantine restrictions, strikes, freight embargoes, and weather of unusual severity such ashurricanes, tornadoes, cyclones, and other extreme weather conditions; orAny delay of any subcontractor occasioned by any of the causes specified in subparagraphs(e), (1) or (g) of this paragraph.

Provided, however, that the Contractor, within seven (7) calendar days, notifies the Engineer, inwriting, of the cause of the delay. The Engineer shall then ascertain the facts concerning the causeof the delay and the extent to which completion of the Project as a whole has been delayed. If thefacts show the delay to be properly excusable under the terms of this Contract, the Engineer willextend the Completion Date by a period commensurate with the period of excusable delay.

108.10 DEFAULT OF CONTRACT


The Engineer may send a written notice of intent to find the Contractor in default if theContractor refuses or fails to prosecute the work with such diligence as will ensure itscompletion within the time specified, or if the Contractor fails to perform the work to Contractrequirements, or neglects or refuses to correct or remove and replace rejected materials orunacceptable work. The written notice of intent to find the Contractor in default will include astop work order which will require the Contractor to cease work on the Contract Items that areunacceptable. The notice will describe the conditions causing the impending default, advisethe Contractor of the actions required for remedy and state that if the conditions have not beencorrected within ten days of receipt of the notice, the County will find the Contractor indefault.The Contractor shall not resume work on the acceptable Contract Items until the followingconditions have been met:

I. The Contractor shall submit a written proposal to the Engineer outlining the procedurewhich will be followed by the Contractor to correct the unacceptable conditions, and;The Engineer and the Contractor shall meet to discuss the written proposal, and;The Engineer will issue written permission for the Contractor to commence work.

SSP-26

Standard Special Pro visions Jan naty I, 2013


- Continued -

If the Contractor fails to meet these three conditions within ten calendar days of receipt of thenotice of intent to find Contractor in default, or if any time after the Contractor resumes work,the Contractor does not meet the work requirements or the Contractor again neglects orrefuses to correct or remove and replace rejected materials or unacceptable work, the Engineermay serve the Contractor with an immediate notice of default and take prosecution of thework from the Contractor. Copies of the default notice will also be sent, by certified mail, tothe Contractor and the Surety. Upon receiving such notice, the Contractor shall peaceablyrelinquish possession of said work or in the parts thereof specified in the notice.

The County may, at its option, and at a rental which it considers reasonable, take possessionof, and utilize in completing the work, such materials, equipment, tools, and plants as may beon the Project Site until the work is complete.

Neither the County nor its officers, agents or employees shall in any way be liable oraccountable to the Contractor or the Surety for the method by which the completion of saidwork, or any portion thereof, may be accomplished or for the price paid therefore. Should thecost of completing the work be in excess of the original contract price, the Contractor and theSurety shall be held obligated for such excess cost. Should the cost of such completion,including all proper charges, be less than the original contract price, the amount so saved shallbe paid to the Contractor. Neither by taking over the work nor by declaring the Contract indefault shall the County forfeit the right to recover damages from the Contractor or the Suretyfor failure to complete the entire Contract. Maintenance of the work shall continue to be theContractor's Surety's responsibility as provided for by the bond and Warranty of theContractor.

SSP-27


REVISION OF SECTION 109MEASUREMENT AND PAYMENT


109.06 PARTIAL PAYMENTS

Subsection 109.06, fitst paragraph, is hereby revised to include the following:

The Contractor and Engineer shall jointly prepare each partial payment statement the 25th day ofeach month. The statement shall consist of the total value of all construction work completed tosuch date, as estimated.

Monthly or partial payments made by the County to the Contractor are monies advanced for thepurpose of assisting the Contractor to expedite the work and construction. All material andcompleted work covered by such monthly or partial payments shall remain the property of theContractor, and he shall be responsible for the care and protection of all materials and work uponwhich payments have been made. Such payments shall not constitute a waiver of the right of theCounty to require the fulfillment of all terms of the Contract and the delivery of all improvementsembraced in this Contract complete and satisfactory to the County in all details.

Delete Subsection 109.06(a) in its entirety and replace with the following:

(a) Standard Amount Retained. The amount to be retained from partial payments will be fivepercent (5%) of the calculated value of the completed work (including retainage formobilization). No further amount will be retained if the Contractor is satisfactorilyperforming the Contract work. The amount retained will be in effect until such time theContract is completed satisfactorily and finally accepted by the County, with the followingexception, which requires the Contractor's written request and consent of the Surety: wherebyupon completion and acceptance of the Project, the Engineer will Advertise for FinalSettlement; pursuant to Section 38-24-107, CR5., at which time the amount retained may bereduced to two percent (2%) of the work completed. This Subsection is intended to complywith Section 24-91-103, C.R.S.

The County, before making any payment, may require the Contractor to furnish releases orreceipts from any or all persons performing work and supplying material or services to theContractor, or any subcontractor, if this is deemed necessary to protect the County's interest.The County, however, may make payment in part or in full to the Contractor without requiringthe furnishing of such releases or receipts, and any payments so made shall in no way impairthe obligations of any Surety or Sureties or any bond or bonds furnished under this Contract.

SSP-28

Standard Special Pro visions January 1, 2013

REVISION OF SECTION 109MEASUREMENT AND PAYMENT

Continued

The County may withhold from any payment otherwise due the Contractor so much as may benecessary to protect the County, and if it so elects, may also withhold any amount due fromthe Contractor to subcontractors or material dealers for work performed or material furnishedby them. The foregoing provisions shall be construed solely for the benefit of the County andwill not require the County to determine or adjust any claims or disputes between theContractor and his subcontractors or materials dealers, or to withhold any monies for theirprotection unless the County elects to do so. The failure or refusal of the County to withholdany monies from the Contractor shall in no way impair the obligations of any Surety orsureties under any bond or bonds furnished under this Contract.

Delete Subsection 109.06(b) in its entirety and replace with the following:

(b) Securities in Lieu of Standard Amount Retained. Douglas County will not accept securitiesin lieu of retainage.

109.07 PAYMENT FOR MATERIAL ON HAND (STOCKPILED MATERIAL)


Payments shall not be made to the Contractor for Material on I-land (Stockpiled Material) to beincorporated into the work. All payments are for the finished product, complete and in-place.Partial payments to the Contractor for materials on hand shall not be allowed unless a specificexception is granted in writing by the Engineer or unless it is specified in the Douglas CountyProject Special Provisions.

109.09 ACCEPTANCE AND FINAL PAYMENT


Final payment to the Contractor shall be subject to the Contractor furnishing the County with arelease in satisfactory form of all claims against the County arising under and by virtue of thisContract, other than such claims, if any, as may be specifically excepted by the Contractor from theoperation of the release as provided under Section 105, as revised.

SSP-29

DOUGLAS COUNTY

PROJECT SPECIAL PROVISIONS

2013 TRAFFIC ENGINEERING PEDESTRIANPROJECTS

CHAMBERS AT HASELEY TRAIL CROSSINGTIMBERVALE TRAIL CROSSING

GLENSTONE CIRCLE SOUTH CROSSING

DOUGLAS COUNTY PROJECT NUMBERTF 2013-024, TF 2013-030, TF 2013-039

PROJECT SPECIAL PROVISIONS2013 TRAFFIC ENGINEERING PEDESTRIAN PROJECTS

DOUGLAS COUNTY PROJECT NUMBER TF 2013-024, TF 2013-030, TF 2013-039

The following "Special Provisions" shall supplement the 2011 Colorado Department ofTransportation Standard Specifications for Road and Bridge Construction ("Green Book") and shalltake precedence over the plans and specifications in case of any discrepancies. When specificationsor special provisions contain both English units and SI units, the English units apply and are thespecification requirement.

PROJECT SPECIAL PROVISIONSPage

Notice to Bidders PSP-3Commencement and Completion of Work PSP-4Revision of Section 105 Control of Work PSP-5Revision of Section 202 Removal of Structures and Obstructions PSP-6Revision of Section 208 Erosion Control PSP-8Revision of Section 608 - Sidewalks and Bikeways PSP-9Revision of Section 609 Curb and Gutter PSP-1 IRevision of Section 610 Median Cover Material PSP-12Revision of Section 630 Construction Zone Traffic Control PSP-13Force Account Items PSP-16

Douglas County Depanment of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number iT 20 13-024, TF 2013-030, TF 2013-039Project Special Provisions PSP-2

NOTICE TO BIDDERS

This work consists of constructing enhanced pedestrian and trail crossing facilities per the Plans atprimarily mid-block locations. The Contractor is encouraged to visit the site to become familiar withthe existing conditions and to review the work needed to complete these projects.

This Project involves removing existing sidewalk and pavement, installing concrete sidewalk, curband gutter, pavement, and colored patterned median cover material.

Pursuant to Subsections 102.04 and 102.05, it is recommended that Bidders on this project reviewthe work site and plan details with an authorized Douglas County representative. Prospective biddersshall contact the following listed authorized representatives at least 12 hours in advance of the timethey wish to review the project by Friday, February 11,2014.

Project Engineer: Amy BranstetterDouglas County100 Third Street, Suite 250Castle Rock, CO 80104Office Phone: 303.660.7490

The above-referenced individual is the only representative of Douglas County with authority toprovide any information, clarification, or interpretation regarding the plans, specifications, and anyother contract documents or requirements.

Douglas County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF 2013-030, TF 2013-039Project Special Provisions PSP-3

COMMENCEMENT AND COMPLETION OF WORK

If materials stockpiling begins before the beginning date, contract time will not be charged for the stockpilingeffort. Stockpiling of materials before the beginning date is subject to the Engineer's approval.

Salient features to be shown on the Contractor's Progress Schedule are:

MobilizationTraffic ControlConstruction SurveyingRemovalsCurb and Gutter InstallationSidewalk InstallationCurb Ramp InstallationMedian Cover Material Installation

Douglas County Department a/Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF2013-030, TF 2013-039Project Special Provisions PSP-4



105.03 CONFORMITY TO THE CONTRACT


During all closures, the Contractor is responsible for providing all necessary traffic control devices inaccordance with Manual on Uniform Traffic Control Devices (MUTCD) and these contract documents.

105.12 COOPERATION BETWEEN CONTRACTORS


Other construction agencies may be working in the vicinity of the project. The Contractor shall conduct thework so as not to interfere with or hinder the progress or completion of the work being performed by otheragencies or Contractors. All traffic control conflicts that arise between the needs of the various constructionContractors and other agencies shall be brought to the attention of the Project Engineer. The Project Engineershall decide the method of resolution.

Contractors known to be working in the area of the Project include, but are not limited to, the following:

Highlands Ranch Metro District Bill Dailey 303.791.2710Sturgeon Electric (flashers) Jerry Verry 303.598.1728Douglas County Traffic Operations (signs and marking) Carlos Zambrano 303.663.6237

The Contractors listed above are known Contractors to be working in the area. There may be otherContractors (including private) that are not known to the County at this time. It is the responsibility of theContractor to coordinate the work with all Contractors working in or near the work zone before, during andafter the work, as required.

Doug/as County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Nu,nber TF2013-024, TF2013-030, TF2013-039Project Special Pro visions PSP-5

REVISION OF SECTION 202REMOVAL OF STRUCTURES AN]) OBSTRUCTIONS


DESCRJPTION


All removals as shown in the Plans, including but not limited to concrete sidewalk ,curb and gutter, sign andpost assemblies, pavement, and pavement markings, shall be removed.

CONSTRUCTION REQUIREMENTS

202.02 GENERAL


All concrete and asphalt identified for removal as shown on the plans shall be saw cut to the existing fulldepth. Any overbreak, separation, or other damage outside of the removal limits shall be replaced at theContractor's expense.

202.03 SALVABLE MATERIAL


Ground sign and sign panels designated for removal shall be carefully stockpiled in an orderly fashion, sothey can be inspected by the Engineer prior to disposal. The Owner reserves the right to salvage any or allground signs and sign panels. All posts and signs designated by the Owner to be salvaged shall be deliveredand stockpiled, at a location designated by the Engineer, at the Douglas County Operations Complex at 3030North Industrial Way, Castle Rock, Colorado. The Contractor shall get approval from the Engineer whenthe salvable material can be delivered. The Contractor shall dispose ofall removed signs not salvaged by theOwner.

METHOD OF MEASUREMENT

Section 202.11 is hereby revised to include the following:

Removals shall be paid for by the square yard, linear foot, each, or square foot as specified under the payitem. All labor and equipment necessary to complete the work shall not be measured and paid for separatelybut shall be included in the cost of the pay item. Payment for removal shall be based on the designatedremoval surface area or linear footage regardless of the concrete thickness.

Doug/as County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF 2013-030, TF 20 13-039Project Special Pro visions PSP-6

REVISION OF SECTION 202REMOVAL OF STRUCTURES AND OBSTRUCTIONS

-CONTINUED-

BASIS OF PAYMENT


Payment will be made under:

Pay Item Pay Unit

Removal of Concrete Sidewalk Square YardRemoval of Curb and Gutter Linear FootRemoval of Signs and Post Assemblies EachRemoval of Asphalt Pavement Square Yard

Douglas County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas county Project Nu,nber TF 2013-024, TF 2013-030, TF 20 13-039Project Special Pro visions FSP- 7

REVISION OF SECTION 208EROSION CONTROL


DESCRIPTION


This work consists of the installation of sediment control devices per the Douglas County Grading,Erosion and Sediment Control Standard Details, Street Inlet on Continuous Grade Plan. They willbe installed down grade and at the limits of the Project as shown on the Plans.

MATERIALS


Materials used for the constmction of all erosion and sediment control best management practices(BMPs) shall conform to the materials specified in the Douglas County "GESC Plan Standard Notesand Details," as shown in the plans. The use of erosion bales, silt berms, silt dikes and fabricgravel bags for erosion and sediment control is not permitted on Douglas County projects.

The use of fabricated concrete washout structures, as described in the Standard Specifications, areacceptable for use on Douglas County projects, as approved by the Project Engineer. After use, thewashout structure shall be removed from the project site and disposed of at a location permitted toaccept such materials.

BASIS OF PAYMENT


Erosion control shall not be paid for separately but shall be included in the work.

Douglas County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF2013-024, TF2013-030, TF2013-039Project Special Provisions PsP-8

REVISION OF SECTION 608SIDEWALKS AND BIKEWAYS


DESCRIPTION


This work includes the installation of cast-in-place detectable warning devices on new concrete curbramps at the locations shown in the Plans and in accprdance with the Plans. The detectable warningdevices will be placed in wet concrete. Contractor shall follow the instructions provided by themanufacturer when installing the detectable warning devices.

MATERIALS


Detectable waming devices at new concrete curb ramps shall be Atmor-Tile cast-in-place orapproved equal. Color of all detectable warning devices shall be Colonial Red or equivalent color toprovide color contrast with adjacent surfaces.

Devices shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes,and when installed, shall be capable of producing the pattern of domes as shown in the Plans.

Prior to start of work, Contractor shall submit, to Project Engineer for approval, information relatedto the detectable warning devices to be used on the project with documentation from themanufacturer. Detectable warning surface devices shall have a minimum of 70% light reflectivitycontrast with the adjoining surface. -

Detectable warning devices at new curb ramps shall be 24" wide and full width of ramp as shown onthe Plans.


608.03 CONCRETE SIDEWALKS AND J3IKEWAYS


(g) Detectable Warnings. Any devices that are damaged during transport or installation will berejected and shall not be installed.

The physical characteristics of the concrete in the new curb ramps shall be consistent with thecontract specifications.while maintaining a slump range of 4-7 to permit solid placement of the

Douglas county Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project !Vunzber TF2013-024, TF2013-030, TF2013-039Project Special Pro visions PSP-9

REVISION OF SECTION 608SIDEWALKS AND BIKEWAYS

-CONTINUED-

cast-in-place detectable warning system. When preparing to set the cast-in-place detectablewarning devices, no concrete shall be removed in the area to accept the devices. The concreteshall be poured and finished true and smooth to the required dimensions and slope. TheContractor shall embed the cast-in-place using a rubber mallet or vibrating mechanism. Weightshall be placed on the device preventing floating. The device shall be installed such that the baseof the truncated dome is at the same elevation as the adjoining surface, allowing for a smoothtransition between the curb ramp and the detectable warning. The Contractor shall create anedge around the perimeter of the device using a 3/8" radius edging tool then float the concretearound the tile's perimeter using a steel trowel. After the concrete has substantially cured, theContractor shall remove the protective plastic wrap and clean any residue with a sofl wire brush.



Cast-in-place detectable warning devices on new curb ramps including all work and materialsnecessary for fabrication and installation will not be measured and paid for separately, but shall beincluded in the cost for the concrete curb ramp.

BASIS OF PAYMENT



Pay Item

Concrete Sidewalk (6 Inch)Concrete Curb Ramp (6 Inch)

Pay Unit

Square YardSquare Yard

Douglas County Department of Public Works Engineering20/3 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF 2013-030, TF 20 /3-039Project Special Provisions PSP-I U

REVISION OF SECTION 609CUIRE AND GUTTER


BASIS OF PAYMENT



Pay Item

Curb and Gutter Type 2 (Section I-B)Curb and Gutter Type 2 (Section lI-B)

Pay Unit

Linear FootLinear Foot

Asphalt damaged due to saw cutting or preparation for curb and gutter shall be repaired or patched at theContractors expense.

Douglas County Depanment of Public Works Engineering2013 Traffic Engineering pedestrian ProjectsDouglas County Project Number TF2013-024, TF2013-030, TF2013-039Project Special Provisions PsP_11

Slump, AASHTO 1 119, inchesCoarse Aggregate, AASHTO M 43Fine Aggregate, AASHTO M 6, percent oftotal aggregate

REVISION OF SECTION 610MEDIAN COVER MATERIAL

Section 610 of (lie Standard Specifications is hereby revised as follows:

MATERIALS


Patterned concrete shall be colored concrete and meet the requirements of Class B concrete with the followingexceptions:

BASIS OF PAYMENT



Pay Item

Median Cover Material (Concrete)Median Cover Material (Colored Patterned Concrete)

2 to SNo.8

50 to78

An approved water reducing admixture shall be used in the mix.



The median cover material (Colored Patterned Concrete) shall be Davis Color #160 (Sunset Rose) and use a2' X 2' tooled square with brooni finish as specified in the plans. Amount of coloring material per cubic yardshall follow the manufacturer's recommendations.

MIETIIOD OF MEASUREMENT


Median Cover Material (Concrete) and Median Cover Material (Colored Patterned Concrete) shall be paid bythe square foot.

Pay Unit

Square FootSquare Foot

Douglas county Department of Public Works Engineering20/3 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TE 2013-024, TF 2013-030, TF2013-039Project Special Pro visions PSP-12

REVISION OF SECTION 630CONSTRUCTION ZONE TRAFFIC CONTROL



630.10 TRANSPORTATION MANAGEMENT PLAN

In Subsection 630.10 delete the first sentence and replace with the following:

TRAFFIC CONTROL PLAN GENERAL

The Contractor shall submit a Traffic Control Plan (TCP) to the Project Engineer for approval prior tobeginning any construction.The key elements of the Contractor's Method of Handling Traffic (MHT) are outlined in Subsection 630.'iO.

The components of the TCP for this Project are included in the following:

Subsection 104.04 and Section 630 of the CDOT SpecificationsStandard Plan S-630-1. Traffic Controls for Hihsvay Construction and Standard Plan S-630-2MUTCD

Special Traffic Control Plan requirements for this Project are as follows:

Prior to starting construction, the Contractor shall noti' the Douglas County Project Engineer of the datethe Contractor intends to start construction.All costs incidental to the foregoing requirements shall be included in the original contract prices for theproject.A plan for maintaining and controlling pedestrian, bicycle and other non-vehicular traffic 24 hrs per dayshall be included in the original contract prices for traffic control and not paid for separately.

Special restrictions that must be met

No traffic lane shall be narrower than 10 feet with 1 foot shoulder.No work restricting or affecting existing traffic lanes allowed from 6:00 AM to 8:30 AM, and from 2:30PM to 6:00 PM on weekdays, unless otherwise directed by the Engineer.

The Contractor shall cooperate fully with Douglas County, utility owners and Contractors, and otherContractors to assure adequate and proper traffic control is provided.

The Contractor shall install construction traffic control devices in locations where they do not block orimpede other traffic control devices, sidewalks for pedestrians, disabled persons, or bicyclists.

All personal vehicles and construction equipment parking is prohibited when it conflicts with safety, access orthe flow of traffic. The Contractor shall not have construction equipment or materials in the lanes npen totraffic at any time, unless approved.

During the construction of this Project, traffic shall use the present traveled roadway only.

Douglas County Department of Pu b/ic Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TE 2013-024, TI" 2013-030, TI" 2013-039Project Special Pro visions PSP-)3


-CONTINUED-

All construction igning shall be in conformance with the MUTCD. Traffic control devices and barricadesmust be kept clean and in good working order at all times. All flaggers and traffic control supervisors shall becertified per Subsections 630.10 and 630.13.



AU signing and traffic control devices required to implement the approved TCP and MHT will not beindividually measured, but shall be included in the Constniction Zone Traffic Control.

/In the event the Contractor fails to complete the Project within the allowable Contract time (including timeextensions), the Contractor will bear all costs associated with the additional traffic control required by theProject. This shall include all flagging, traffic control inspection, traffic control management, concrete barrier(temporary), rental and maintenance of traffic control devices, etc. until the Project is completed.

BASIS OF PAYMENT



Pay Item Pay Unit

Construction Zone Traffic Control Lump Sum

Payment for the Construction Zone Traffic Control shall be full compensation for furnishing, erecting,cleaning, maintaining, reselling, repairing, replacing, moving, removing, and disposing of the constructiontraffic control devices. It shall include all work necessary to implement the approved TCP and MHTs andcomplete the construction of the Project including, but not limited to the following:

Preparation and submittal of detailed TCP and MHTs for all phases of construction.

The rental/purchase, fabrication, installation and maintenance of all equipment, signs,channelization devices, barricades, etc during construction ofthe Project, including all signs on theAdvance Signing Plan.

All labor costs.

Doug/as County Department of Pub/ic Works Engineering2013 Traffic Engineering Pedestrian ProjectsDoug/as County Project Number IF 2013-024, TF 2013-030, TF 2013-03 9Project Special Provisions PSP-14


-CONTINUED-

THE CONTRACTOR SHALL SCHEDULE ALL WORK FROM 7AM TO 7PM WEEKDAYS,EXCEPT AS RESTItTCTEI) UNDER SPECIAL RESTRICTIONS ABOVE. LANE CLOSURESSHALL NOT BE PERMITTED BEFORE 8:30 A.M. OR BETWEEN 2:30 TO 6:00 P.M. Nonight or weekend work will be allowed unless approved by the Project Engineer. If the Contractorfinds it necessary to work outside of normal work hours, he must receive written approval from theProject Engineer.

Work performed and material placed outside these work hours will not be paid unless the completion ofthe work outside the designated work hours is pre-approved by the Project Engineer.

During non-construction periods, all work shall be adequately protected to ensure the safety ofvehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavation holes shall beadequately protected at all times.

The Contractor and Subcontractor shall equip their construction vehicles with flashing amber lights.Flashing amber lights on vehicles and equipment shall be visible from all directions.

Prior to starting construction, the Contractor shall noti' the Douglas County Project Engineer of thedate the Contractor intends to start construction.

Douglas County Department of Public Works Engineering2013 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF 2013-030, TF 20 13-039Project Special Provisions PSP-15

FORCE ACCOUNT ITEMS

DESCRIPTION

This Special Provision contains the estimate for force account items included in the Contract. The estimatedamounts marked with an asterisk will not be added to the total bid to determine the amount of theperformance and payment bonds. Force Account work shall be performed as directed by the ProjectEngineer.

BASIS OF PAYMENT

Payment will be made in accordance with Subsection 109.04. Payment will constitute full compensation forall work necessary to complete the item. Work prior to or without authorization by the Project Engineershall be at the Contractor's expense.

Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order tocomply with federal, state, or local codes, may be paid for after receipt ofan itemized statement endorsed bythe Contractor.

Force Account Item Quantity Estimated AmountMinor Contract Revisions - Bid Schedule A F/A $2,000.00Minor Contract Revisions - Bid Schedule B F/A $1,500.00Minor Contract Revisions Bid Schedule C F/A $1,500.00

Force Account Descriptions:

Minor Contract Revisions This work consists of the following: Minor work authorized and approvedby the Project Engineer, which is not included in the Contract drawings or specifications, and isnecessary to accomplish the scope of work for this Contract.

Douglas County Department of Public Works Engineering20/3 Traffic Engineering Pedestrian ProjectsDouglas County Project Number TF 2013-024, TF 2013-030, TF 2013-039Project Special Pro vLcions PSP-I6