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HomeMy WebLinkAbout10-28-2024 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 28, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 28, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on October 28, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes, October 7, 2024 City Council Meeting Minutes, October 14, 2024 Special Study Session Notes, October 14, 2024 Study Session Notes, October 21, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES National Native American Heritage Month National Veterans and Military Families Month PUBLICS’ RIGHT TO SPEAK a. Members of the Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to award the Youngfield bridge scour repair project to West Fork Construction, LLC of Colorado Springs, Colorado and approve subsequent payments in the amount of $149,725 with a contingency amount of $14,975 for a total not to exceed the amount of $164,700 b. Motion to approve a contract amendment with A-1 Chipseal Company for the 2024 asphalt crack seal project in the amount of $87,242 with a contingency amount of $6,725 for a total not to exceed the amount of $93,967 c. Motion to approve a contract with and subsequent payments to Sunland Asphalt & Construction Inc., for construction of the Hayward Park walking trail project in the amount of $238,259 with a contingency of $16,678 for a total not to exceed amount of $254,937 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 21-2024 - an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements 3. Council Bill No. 22-2024 - an ordinance adopting a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to approve a Service Agreement between the City of Wheat Ridge and Altumint Incorporated, to provide automated vehicle identification services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting October 7, 2024 This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Special Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin (via Zoom), Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, and Scott Ohm. Absent: Leah Dozeman Also present: City Manager Patrick Goff, Deputy City Manager Allison Scheck, Assistant City Manager Marianne Schilling, Community Development Director Lauren Mikulak, Public Works Director Maria D’Andrea, Senior Planner Scott Cutler, and Senior Deputy City Clerk Margy Greer, and other staff and interested residents. 3. Public’s Right to Speak Public Comments from Wheat Ridge Speaks: Item No. 2 - Memo- Lutheran Legacy Zoning Requirements Posted by Robert H. Robinson Oct 7, 2024, at 11:49am Address: 4 Hillside Dr Wheat Ridge, 80215-6609 Comment I approve ballot measure 2C. Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Posted by Kathy Smith Oct 7, 2024, at 11:32am Address: 1917 Sage Circle Golden, 80401 Comment As a member of the Jeffco Advocacy Network, I enthusiastically support the City of Wheat Ridge's ballot measure 2C, which asks voters to decide on building heights specifically for the rezoning of the former Lutheran Hospital Campus site. There is a critical need for housing that is affordable for first-time buyers and older adults looking to downsize in Jeffco, and this site presents an excellent opportunity to address that need. Additionally, the passage of measure 2C would create open spaces for recreation and community gatherings, enhancing the quality of life in the neighborhood. It would also ensure that new developments adjacent to existing neighborhoods remain low-density, featuring single-unit homes and duplexes. Given the rapidly rising costs of construction and materials, it is essential to seize this opportunity to foster a livable community that includes both housing and open space, with support from the private sector. Thank you for your consideration. Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Posted by Matt Adler Oct 7, 2024, at 10:15am Address: 3605 Dudley St Wheat Ridge, 80033 Comment My name is Matt, and my family and I are Wheat Ridge residents that live on Dudley Street across from the Lutheran Medical Campus. We moved here over the summer, after reviewing the Lutheran Legacy Campus Master Plan. We were planning to attend the Open House on September 17th but my wife went into labor that afternoon and so we missed participating in the event. We have been keeping up with “What’s Up Wheat Ridge” and “Wheat Ridge Speaks” and we have a few comments, questions, and concerns regarding the zoning, mostly on Dudley Street. Due to us having 2 under 2, we are submitting a comment rather than attending the meeting, and plan to watch the YouTube later. First, we fully support Ballot Question 2C and appreciate keeping houses along existing neighborhoods similar size and spacing to what exists today. We also look forward to practical mixed-use space in the middle, and we hope for restaurants, coffee shops, an amphitheater, and plenty of things for families. We also would like to see municipal buildings or new City Hall on the west side of the campus as that provides plenty of green space. Having read through the Item #2 Memo Lutheran Legacy Zoning Requirements for this meeting, it seems that Dudley St will be modified to be widened to allow street parking, have a 6’ sidewalk buffer, a 15’ setback for houses front doors, and then garages will be not along Dudley at all, but through an alleyway that will be accessed through the Lutheran Campus, to minimize curb cuts on Dudley. As such this should keep most of the traffic off Dudley, which is fantastic for the existing neighborhood. Can you please confirm if this is true, particularly for alley access. One concern we have is the 15’ setback, as it seems to be significantly smaller than the setback on the west side of Dudley. Can you confirm if Dudley will be widened to accommodate parking on the east side? Currently as a two-lane road there is no room for parking. If Dudley is to be widened and have the 6’ sidewalk, then a 15’ setback seems more appropriate, otherwise a larger setback may be in order for aesthetics and practicality for existing residents. Finally, there are many new families that have moved to Wheat Ridge, and an article in the October 2024 issue of 5280 Magazine mentions an influx of millennials that have moved to the city over the last decade. Many of these millennials have started families and are now having kids. Having a sidewalk along Dudley St is most appreciated. However, there is currently no playground within walking distance from the north side of Dudley Street, and having a park or playground on the north side of Dudley, possibly connecting with the Rocky Mountain Ditch trail that is currently near the old medical campus Storage Shed would be great for pedestrian/bike/stroller access to the new development, and also great for the new, growing families that live in the neighborhood. We strongly request a park/open space/trail in this area! Thank you for your time, Matt, and Kaitlin Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Posted by Susan M. Motika Oct 7, 2024, at 10:09am Address: 3651 Miller Court Wheat Ridge, 80033 Comment As a Wheat Ridge resident on Miller Court and a member of the Jefferson Unitarian Church Community Action Network, I strongly support the staff proposal for redevelopment of the former Lutheran site. Affordable housing is desperately needed in our community (with home prices still out of reach for first-time buyers) and the Lutheran campus site provides the current best opportunity to address this need. I was impressed that the plan proposes two height levels for buildings -- lower for areas near existing housing and higher for the interior of the campus, with a plan to surround this (at least in part) with open space. I've been worried about the community impact of the Lutheran site lying fallow for years -- or the site becoming an exclusive enclave of million-dollar+ houses. My family and I are eager to see this proposal developed. Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Posted by Margaret Robinson Oct 7, 2024, at 9:18am 4 Hillside Dr. Wheat Ridge, 80215 Comment I am a Wheat Ridge resident. I am fully in support of 2C, as I see it as a great opportunity to provide more affordable housing in Wheat Ridge. We need homes that are affordable for many of our citizens, including teachers, firefighters, grocery clerks, daycare workers, and the list goes on. Putting the taller buildings (which would still be shorter than the hospital buildings currently there) away from existing homes, will maintain the character of the neighborhood, especially with the plan for some "open space" within the campus. If 2C does not pass, I hate to see what will happen to that property. More luxury homes out of reach of the average Wheat Ridge citizen? Inadequate cleanup of the property? With our WR City Council providing guidance through 2C, we can ensure a great new development in Wheat Ridge. Thank you. Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Posted by Chuck Reid Oct 7, 2024, at 9:12am Address: 601 16th Street C-447 Golden, 80401 Comment Imagine my excitement as Wheat Ridge considers zoning changes that may allow my aging parents who have lived near the Lutheran Campus for almost 60 years, an opportunity to move from their multi-level home to a single-story apartment. Thank you for considering this change! Now imagine my concern when I heard that a small group of residents are concerned about building heights. This is especially true when the site is planned for a 5-story building - 4 stories lower than the current situation In-lieu of the single-story option, townhomes (with stairs) are being encouraged. So, my excitement and concern are battling, and I request the City Council stay with the PLAN and help those that want to age here have an other option. Thank you for your consideration and your care. Item No. 2 - Memo- Lutheran Legacy Zoning Requirements Posted by Mindy Mohr Oct 4, 2024, at 4:03pm Address: 11570 W 70th Pl Unit A, Arvada, 80004 Comment I am a member of the JeffCo Advocacy Network - a countywide housing advocacy group that sees this as an excellent opportunity to provide affordable and accessible homes for the entire east Jeffco community. Without 2C, the campus will most likely be high-priced homes – the city cannot afford to buy, clean up, and maintain the 100 acres of land on this site. We don’t need luxury homes on large lots; we need homes for first-time buyers, minimum wage earners, working families, and seniors wanting to downsize. If 2C does not pass, it may result in a lost opportunity to build new homes at a time when we are facing a critical shortage of housing options for residents in our community. The Lutheran site and all its buildings could remain empty and potentially abandoned while waiting years for “something” to happen. Could residents be taxed to pay for tearing down the existing medical buildings and cleaning up the site? How much would that cost and who else would pay for that? This measure reduces the building heights allowed by current zoning – both lowering residential maximum height in the areas closest to the existing neighborhood and limiting the height of buildings in the campus interior to 5 stories. 5 stories is a reasonable height and the neighborhood should NOT be afraid of this density in the interior, especially if combined with preserved open spaces. Higher density means LESS water usage per capita, and will provide more affordable housing for the essential workers who take care of the nearby residents in their single-family homes -- the day care providers, teachers, landscapers, home health aides, firefighters, restaurant workers, etc. This rezoning makes a future mixed-used development viable; once the site is purchased, the developer will be required to follow the city’s community development process – which includes public meetings to gather input from the community on what it wants to see. Thank you for your consideration. Item No. 2 - Memo - Lutheran Legacy Zoning Requirements Richard Cauchi (was unable to post to website and hand-delivered this comment) 3651 Miller Court, Wheat Ridge CO Comment As a 28-year resident on Miller court (Council District 3), I am submitting my enthusiastic support for the 2C plan regarding the redevelopment of the former Lutheran site. My spouse, Susan, summed up our view: “Affordable housing is needed in our community (with home prices still out of reach for the first-time buyers) and the Lutheran campus site provides the current best opportunity to address this need.” We are committed to 2C, and our family will work for its implementation. As context I am semi- retired and a sole proprietor working at home part-time, offering state policy research and access to a 80-90 year old family painting collection. In Person Christie Denzy – Resident – stated she has lived in Wheat ridge for 27 years and owns a 1957 ranch house. She said she has equity in her home due to the rising cost of houses and although she does not plan on living her home, she appreciates the variety of housing and affordable housing being proposed. She also stated that Jefferson County is short by 40,000 units of affordable housing. She spoke in favor of the proposal. Janelle Shaver – Resident – stated that the reason more people were not testifying tonight is because they believe Council will rubber-stamp the plan which is in the favor of the developer. She stated that the City should demand preservation of the blue house, chapel and patient cabins. She said ADUs should not be a use on this property; low density should be single-family only; 30’ setback on the outer ring asked how much is going to be open space; and spoke about the need for greater set back requirements. Tamara Phalen – Resident – spoke to Ballot Question 2C, asking the residents to vote on height restrictions and changing the charter for that specific property. She said her concern was there is a lot of information before the election and was concerned that there was not an analysis to and from. She stated she wanted citizens to scroll pass the Ballot Question on the website and go directly to the text of the amendment, which amends the City Charter. She asked people to pay attention to the last sentence of Section h, stating that Council would still have to modify the zoning via an ordinance. She said it sounds like it could be a loophole allowing Council to change the zoning although the citizens may have voted differently. She asked citizens of Wheat Ridge to read that amendment before voting on that ballot question. Dororthy Archer – Resident – stated that there are too many unanswered questions and to vote no on 2B and 2C. She said there is not enough input from the residents. She said she was not for density, but she is for 3-4 stories, nothing higher. She stated Council should not be competing with Denver regarding the homeless situation and trying to house all of them. She asked Council why the City doesn’t approach Lutheran to build a new city facility. She said the citizens and Council deserve it. She said she would vote for a one-cent tax increase if a new city complex was built on that property for the city. She spoke again against high density. Via Zoom Zack Ward -Resident – spoke on behalf of him and his partner Riley – spoke against the tall building mandate. He stated that he wants residential, but not high density or population growth. He spoke in favor of walking spaces to retail which will raise the property value of those who already own homes here. 4. Contractor Licensing – Proposed Updates Director of Community Development Lauren Mikulak and Director Public Works Maria D’Andrea, explained the need for simplifying the specialty trades contractor licenses and right-of-way permits and modifying the annual fees through the annual budget process. Issue The City of Wheat Ridge manages contractor licensing through both the Public Works and Community Development Departments. Contractors who complete work in the City’s rights-of-way obtain a municipal contractor license through Public Works. Contractors who complete work on private property obtain a building contractor license through the Building Division. Staff from both departments are working on the implementation of the new OpenGov software which will streamline permitting and licensing. In preparation for these changes, staff has identified a need to simplify the contractor licensing framework. The purpose of the October 7 study session is to seek Council concurrence on related code amendments and fee changes for building and municipal contractors. Council Comments Council Member Hoppe stated her support of moving forward with the proposal. Council Member Larson asked about mechanical contractors and if air conditioning was included under mechanical contractors. Mikulak said yes, air conditioning would be under Mechanical Contractors. In answer to a question from Mayor Starker, D’Andrea stated that payment and performance bonds are required by contractors hired by the City and others are required to post a bond with their licensure, as well as insurance certificates. Council Member Hultin asked if there is a review done prior to issuing contractor licenses. D’Andrea stated that they have not turned down any license, but Public Works is planning on having a lot more conversation with their contractors, especially those working in the rights-of-way. There was consensus from Council to move forward in accordance with the Memo presented to Council. 5. Lutheran Legacy Campus Zoning Requirements Director of Community Development Lauren Mikulak gave an update and overview of the draft zoning amendments. She spoke to the amount of community outreach done, the draft zoning presented to both Council and the Planning Commission, leading up to tonight’s Study Session. Senior Planner Scott Cutler assisted with the zoning questions and presentation. She gave an overview of the zoning, stating that the Lutheran Legacy Campus would create a new Mixed-Use zone titled “Mixed Use - Lutheran Legacy Campus (MU-LLC.). She reviewed the highly customized recommendations of the master plan including buffers between existing neighborhoods; existing assets on the site; and how the interior is afforded more flexibility in terms of land use and height. She stated there would be four sub-districts and explained the purpose and intent of each zone, heights, building design, and parking. She stated that 20% of the net site development area would be dedicated to publicly accessible open space. She showed the 38th Avenue Frontage diagram which included sidewalk, parking setbacks, and height restrictions. Mikulak showed a low-density overlay around the perimeter of the property. She showed the proposal for the interior of the site and how homes were to be laid out; the ped/bike connections; and the permitted uses for retail, office, and civic buildings. She spoke to the requirement for the developer to submit a Concept Plan which would follow the project from start to finish and be filed with the property at the County. Staff requested consensus on moving forward with the draft zoning per the Memo to Council. If consensus is reached, staff will finalize the zoning ordinance. After the election, the zoning change will be brought to the Planning Commission and then to Council for first and second readings, with possible adoption in March or April 2025. City Council Comments Council Member Ohm asked if the developer would be able to pay a fee in lieu of providing the open space. Mikulak stated that the developer’s open space requirement would add to the 20%. In answer to his question, Scott Cutler stated that the bulk plane requirements are more strictive than other plans. Council Member Hoppe stated that seven comments were received online, and all were positive comments. She asked if the parks and open space would be available for anyone to access. City Manager Patrick Goff stated that the residents could use the parks; however, the City would not be taking on any maintenance of the properties or streets. It would probably be done through a Metro District. Council Member Hoppe asked if the hospital was kept and used, would the height of the building remain. Mikulak said yes, it would remain as a non-conforming use. Mayor Pro Tem Stites stated the height limitations throughout the property and on the perimeter were well-thought out and he was supportive of the zoning. He especially liked the setback requirements matching the height of the buildings. He then asked what happens if the proposed charger change does not pass. Mikulak stated that they would start over, as another plan would need to be done. Patrick Goff stated that staff is looking at the possibility of moving some of the City offices into the hospital building or perhaps another building on site. The developers who have looked at the property over the last few months are aware of the City’s interest. Council Member Snell asked about the ditch and having sidewalk continue along side or possibly enclosing the ditch. Mikulak stated that they engaged the ditch company earlier in the process and will reach out to them again regarding possible easements, as some areas are very narrow. Council Member Larson thanked staff for their excellent work and forethought on the zoning issues. He asked to have a discussion regarding parking, as parking spillover into residential streets is a concern. Mikulak stated that there are minimum parking requirements depending on land uses. With a property of this size, staff would look at the parking in a more comprehensive manner, as there may be an opportunity for retail and commercial to have shared parking lots. She stated that by now allowing vehicles to pass through the property, it would hopefully cut down on parking outside of the property. Council Member Hultin asked if there was a way to talk about the amount of open space in more relatable terms. She stated she was thankful to staff for listening to Council and what the community wanted, as there were a lot of specific details in the zoning plan. She was grateful that staff understood the big picture and the details as well. Council reached consensus to move forward with the zoning as proposed. 6. 2024 Budget Update Issue In this document, we present a financial update on the 2024 Fiscal Year so that the City’s decisionmakers can enter the 2025 budget process informed as to the current financial picture. This update is required per sec. 10.11 of the City’s Charter. The focus of this update is the City’s General Fund operating budget. City Manager Patrick Goff gave an overview of the 2024 Budget. He stated that one big change moving forward would be to place the large one-time revenues into the Capitol Projects Fund and no longer put them in the General Fund as part of long-term revenues. Goff stated there would be a Budget Study Session on October 21st. He stated the City has been busy over the last five years. He reviewed where revenues in some areas are up, they are down in building and use permits. He spoke to the 17% projected reserve while trying to get to a 25% minimum. He stated that every department is looking at whether vacancies need to be filled or provided differently. All departments are evaluating fees to ensure the city is recouping costs of doing business. There have been some large planning and public works projects and it’s time to step back and build the reserves again. Goff stated that the City has a Standard & Poor AA rating, which shows good financial stability. Council Comments Council Member Hoppe stated that while moving the one-time revenues into the CIP Fund is good, that those revenues were used as part of the percentage of reserves and perhaps moving back to a 17% reserve is enough cushion. It is a discussion which she stated should take place with Council. Council Member Weaver stated that she is in full support of the change and believes it’s a smart way to manage. She stated how proud she was of the incredible things Wheat Ridge has been able to accomplish in the last five years. Council Member Larson stated that he agrees with the one-time revenues/expenditures being in the CIP. In answer to a question he asked, Patrick Goff stated that during the Council Budget Study Session, Council would be able to discuss their specific needs and priorities and decide what to fund or not fund. 7. Staff Report(s) City Manager Patrick Goff stated that the Council Legislative Committee consists of Mayor Starker and Council Member Larson and asked if there was another council member who wished to be on the committee. Council Member Hultin volunteered for the position. Goff also confirmed the City Council Retreat schedule for January 31st through February 1st, stating that the location was to be yet determined. However, it would be at a restaurant inside the City limits. 8. Elected Officials’ Report(s) Mayor and Council Members reported on recent meetings and events they attended and upcoming activities in the community. 9. Adjournment With no further business to come before Council, Mayor Starker adjourned the meeting at 8:30 p.m. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  OCTOBER 14, 2024  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson, and Leah Dozeman Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck (Clerk for the meeting); City Attorney Gerald Dahl, Director of Public Works Maria D’Andrea; Community Development Director Lauren Mikulak, other staff, guests and interested members of the public.  4. Approval of Minutes City Council Meeting Minutes of September 23, 2024. Without objection or correction, the minutes were approved as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamations and Ceremonies Mayor Starker read a Proclamation recognizing Judy and Dave Pighetti, who were unable to attend the meeting, for the volunteer road clean-up they do once a month on 38th Avenue between Kipling Street and Wadsworth Blvd. Director of Public Works Maria D’Andrea received the plaque on behalf of the Pighettis. 7. Public’s Right to Speak Wheat Ridge Speaks None. In Person Richard Schuster -stated he was a write-in candidate for the RTD Board, District M, and spoke to his desire to serve on the Board. Mary Fedge – Resident – spoke in opposition of Ballot Questions 2B and 2C. She stated that the proposed charter changes including changing the word “citizen” to “resident” seven times, which tells people they no longer have to be a US citizen to vote in Wheat Ridge; there would be an unlimited number of people who can live in one housing unit which would cause more density at the Lutheran campus; the charter changes gives the city manager more authority to go as high density as he wants. She stated it was time for the citizens of Wheat Ridge to push back like they did with Walmart and other developments which ended with creating better developments. Via Zoom None. 8. Consent Agenda None. Public Hearings and Ordinances on Second Reading 9. Council Bill No. 20-2024 - an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail business Council Member Janeece Hoppe read the Title and Issue Statement into the Record: Issue The Code prohibits tobacco product retailers from operating within 1000 feet of a youth-oriented facility (such as schools, parks, recreation facilities, etc.). The “grandfathering" clause of Code section 11-534(d) nevertheless exempts those retailers who were in place on the effective date of Ordinance 1710 Series 2021, which created the 1000-foot limit. However, if that retailer sells the business, the buyer of the business is not eligible for the grandfathering protection of that Code section. Councilmember Hoppe, supported by Councilors Dozeman and Hultin, requested that Council consider an ordinance expanding the grandfathering scope of Code 11-534(d) to include purchasers of a protected location. Council provided consensus to proceed with a code amendment on September 9, 2024. Mayor Starker opened the public hearing on the matter. City Attorney Gerald Dahl spoke to the provision adopted in 2021 and created an exception for businesses within that distance. That section did not apply to certain sections of the ordinance. Retailers in place on April 12, 2021, if purchasing retail business, allows the distance requirement to be “grandfathered” in. The retailer has come to Council asking for support of the ordinance. Public Comments – None. Mayor Starker closed the public hearing on the matter. Council Comments Council Member Janeece Hoppe made a motion to adopt Council Bill 20-2024, an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail business It was seconded by Council Member Dozeman. Vote: 8 Ayes. 0 Nays. The motion carried. Ordinances on First Reading 10. Council Bill No. 21-2024 – an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements Mayor Pro Tem read the Issue Statement into the Record. Issue This ordinance makes several amendments to the City’s Business Licensing Code. These changes are designed to ensure compliance with state legislation, transition to bi-annual business license renewals, introduce an inspection fee, and consolidate certain special licenses with regular business licenses. Mayor Pro Tem Stites made a motion to approve Council Bill No. 21-2024, an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements, order it published, public hearing set for Monday, October 28 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect fifteen (15) days after final publications as provided by Section 5.11 of the Charter. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. 11 Council Bill No. 22-2024 – an ordinance adopting a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws concerning automated vehicle identification system Council Member Dozeman read the Issue Statement into the Record. Issue A discrepancy exists between Code sections 19-80 and 19-77 of the Wheat Ridge Code of Laws concerning the disposition of lost or abandoned property. To correct that discrepancy, the Wheat Ridge Police Department is requesting that Code section 19-80 be amended to render it consistent with Code section 19-77 and the standard operating procedures of the police department. Council Member Dozeman made a motion to approve Council Bill No. 22-2024, an ordinance adopting a new Article VI Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems, order it published, public hearing set for Monday October 28, 2024, at 6:30 p.m., as a virtual meeting and in City Council Chambers and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. Decisions, Resolutions, and Motions 12. Resolution No. 47-2024 – a resolution adopting the 2024 Sustainability Action Plan Update Council Member Hultin read the Title and Issue Statement into the Record: Issue Sustainability is an important issue within the City of Wheat Ridge, impacting municipal operations, businesses, and residents alike. Staff have been working to update the initial 2018 Sustainability Action Plan, and this resolution would adopt the 2024 Sustainability Action Plan Update: A Five-Year Roadmap as City policy to guide future decisions and actions affecting sustainability efforts throughout the City. Presentation – Mary Hester, Sustainability Coordinator – Mary Hester gave a brief synopsis of the proposed Sustainability Plan. It had previously been presented to Council at a Study Session. Council Comments Council Member Hultin stated she was pleased with the Plan and spoke in favor of its passage. Council Member Larson spoke in opposition to the Plan stating several areas of concern including that the initial plan was not formally adopted; does not require power grid protection; city should have more say in water supply; and the plan includes too many unsupported assumptions. Council Member Dozeman spoke in opposition to the Plan and stated she would not be voting in favor of the resolution because she is concerned about how the plan may inform policy that may increase costs for the business community. Council Member Hultin made a motion to approve Resolution No. 47-2024, a resolution adopting the 2024 Sustainability Action Plan Update. It was seconded by Mayor Pro Tem Stites. Vote: 6 Ayes (Hultin, Ohm, Hoppe, Weaver, and Snell). 2 Nays (Larson and Dozeman). The motion carried. 13. Motion to accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street Council Member Snell read the Issue Statement into the Record. Issue City staff is working with the City of Edgewater to design and construct a roundabout at the intersection of 26th Avenue and Harlan Street. A roundabout would slow-speeding vehicles, improve opportunities for pedestrians to Ross 26th Avenue and enhance the existing bike lanes along 26th Avenue. It is necessary to acquire portions of private property in order to construct the roundabout. Temporary easements for use during construction are also required. Two of the properties where land is needed are located in Wheat Ridge. Therefore, the needed land must be accepted by the city as permanent and temporary easements. Presentation – Director of Public Works Maria D’Andrea stated that this was discussed at a prior council study session. She said they are working with Edgewater on this project and Edgewater is taking the lead on the contract for design and construction. The project would be put out to bid in November of December with construction starting in early spring. Council Member Larson asked about the property and acquirement of easements. D’Andrea stated it would all be done prior to the beginning of the project. Mayor Starker asked if there was any artwork planned for the center of the roundabout. D’Andrea stated that there is potential for some public art, but at the current time, there will be grass in the center area. Council Comments Council Member Snell made a motion to accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street. It was seconded by Council Member Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 14. Motion to cancel the November 4, 2024, Study Session. Council Member Larson read the Issue Statement into the Record. Issue The City Council Study Session of November 4, 2024, currently coincides with the week of the upcoming November 2024 Election. The City of Wheat Ridge has signed an IGA to run a concurrent election with Jefferson County. The Wheat Ridge City Council Chambers is an advertised Jefferson County polling place. As such, the City Council Chambers will require election equipment, election judges, and the utmost security to ensure a valid election, free from protest. It is for these reasons that staff and the City Clerk’s office request to cancel the November 4, 2024, City Council Study Session. Presentation City Manager Patrick Goff stated that due to the chambers being used by the County as a Voter Service Center during the Election, it would be necessary to cancel the November 4, 2024, meeting. Council Comments Council Member Larson made a motion to cancel the November 4, 2024, City Council Study Session. It was seconded by Council Member Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 15. City Manager’s Matters City Manager Patrick Goff deferred his report to the Study Session which followed this meeting. 16. City Attorney’s Matters City Attorney Dahl provided clarification on the height ballot question and the rezoning approval requirements, if the ballot measure passed. 17. Elected Officials’ Matters Council Member Hultin stated that it was incumbent upon the council members to provide correct information to the public regarding Ballot Questions 2B and 2C. There is a lot of incorrect information out there and she stated Council has a higher level of obligation to provide accurate information to the residents. She encouraged people to go to the website and read the proposed charter changes. She encouraged voting and reminded people they could register to vote up to the day of the Election Council Member Snell – spoke in agreement with Hultin’s comments. Council Member Larson – stated that ballots were mailed and for the public to watch for them in their mailboxes and to vote their conscience. Council Member Ohm – spoke to the importance of fact checking regarding the ballot and encouraged people to go to the website and read the proposed charter changes. Council Member Weaver – stated that the information regarding density and the limited or allowing a certain number of people in each household is not part of the proposed Charter changes. City Attorney Dahl stated that the state adopted a chapter last session that prohibits it. Mayor Pro Tem Stites agreed with his colleagues and stated people should read the flyers and check the facts. 18. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 7:38 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO (Hybrid - Virtual Meeting) OCTOBER 14, 2024 This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Special Study Session to order at 7:40 p.m. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, Leah Dozeman and Scott Ohm. Absent None. Also present: City Manager Patrick Goff, Deputy City Manager Allison Scheck, Assistant City Manager Marianne Schilling, Director of Public Works Maria D’Andrea, and Senior Deputy City Clerk Margy Greer. 3. Public’s Right to Speak None. 4. Sale of Excess City Property at 38th Avenue and Johnson Street City Manager Patrick Goff introduced this item to City Council. Issue The City has been approached by Kyle and Erin Ballew for a proposed retail development, DOP’s Sweet Spot, at the southwest corner of 38th Avenue and Johnson Street. The 0.5- acre parcel is owned by the City of Wheat Ridge and was rezoned to Planned Commercial Development in 2008. Permitted uses on the subject property include any land use allowed in the City’s Restricted Commercial zone district. This proposed retail use would be a permitted use. Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire city council, by ordinance, shall be necessary for sale or disposition of designated park land. Presentation – Kyle and Erin Ballew – spoke about their plans for a neighborhood gathering place and a small building with walk-up service only for sno-ball ice treats. They spoke about creating a place for outdoor family activities as well. Council Comments Council Member Weaver – spoke in favor of the sale of the property for the intended use. She stated this excess property had a lot of history and selling it would create a nice buffer as well. Council Member Ohm – stated his concern about parking area and whether it would be an impervious surface or not. Kyle Ballew stated his plan is to have some artificial turf, plants, not a lot of grass area that need irrigation water. Council Member Hultin - stated she supported the concept and was enthusiastic about the vision. Council Member Hoppe – stated it was a great way to activate that space. She asked if it would require a unanimous vote to sell the property. Goff stated that an evaluation of the property would need to be completed. Depending on whether it is considered parkland or not, would determine whether it required a super majority vote by Council or a unanimous vote by Council. It will need to be determined whether to remove the parcel from the parkland inventory first or not. Council Member Snell – stated the vision of this use for the community is great and she supports the small business owners. Council Member Dozeman – stated it was a great concept. She stated it was a much better use of the property than prior proposals. She stated it will do wonders for activating the area. She said it would be an amazing asset for the community. Mayor Pro Tem Stites – stated as a former Everitt student, he would have loved to be able to cross the street for those treats. He asked for consensus to move forward. Council Member Larson asked for clarification regarding the property now being land planned for commercial development or would if it would need to go to Planning before coming back to Councill. City Attorney Dahl stated that it would take a first and second reading of an ordinance to amend the plan and then acceptance of the sell agreement. There would be several steps to go through before being able to sell the property. Mayor Starker asked if the store would be open year-round. The Ballews stated that they would close for 3-4 months in the winter. They would probably close mid-October and open again in March. There was consensus from Council to move forward with the proposal. 5. Staff Report(s) City Manager Patrick Goff – stated that the sentencing in the Officer Allen Fischer case occurred last week. Judge sentenced the convicted in the case to a maximum sense of 32 years. The City is pleased that the Fischer family has received a bit of closure and justice was served. He also stated that Colorado Plus is back open for business. He stated the hard copies of Council’s budget should have been received. Director of Public Works Maria D’Andrea stated she’s working on a schedule for Wednesday for those interested in riding on the paver on Wadsworth 6. Elected Officials’ Report(s) Council Members reported on various events they were involved with around the community. 7. Adjournment With no further business to come before Council, Mayor Starker adjourned the Study Session at 8:05 p.m. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO (Hybrid - Virtual Meeting) OCTOBER 21, 2024 This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Special Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, Leah Dozeman and Scott Ohm. Absent None. Also present: City Manager Patrick Goff, Deputy City Manager Allison Scheck, Assistant City Manager Marianne Schilling, Director of Public Works Maria D’Andrea, Director of Community Development Lauren Mikulak; Police Chief Chris Murtha; Municipal Court Administrator Kersten Armstrong; Director of Parks and Recreation Karen O’Donnell; and Senior Deputy City Clerk Margy Greer. 3. Public’s Right to Speak None. 4. Proposed 2025 Budget City Manager Patrick Goff introduced the 2025 proposed budget presentation stating Council’s Vision 2035 statement and reminded Council they could revisit the Vision Statement at their January annual retreat. Goff thanked Allison Scheck and all of the department directors for their hard work in putting the budget together. Deputy City Manager Alli Scheck and City Manager Patrick Goff gave a PowerPoint presentation regarding the proposed budget and spoke to several budget items including Year in Review regarding the 2024 General Fund Budget; 2025 Budget Overview; the Budget Fund Structure; and the 2025 Total Proposed Budget of $95.6 million, which included a $48.7 million General Fund and $38.89 million Capital Programs Budget. They reviewed the Total Expenditures by Fund; 2025 General Fund Revenues; the 2025 Projected General Fund Expenditures; and the Restricted Fund Balances. While speaking to the Financial Health of the City, they stated their concerns of meeting the Council’s minimum 17% Reserve and the recommendations on how to Balance the Budget which included placing short-term rental lodgers’ tax back to the General Fund (for one-two years); hold some vacant positions from being filled; reduction of across the board travel and conferences; utilizing ARPA funds for general operating purposes and reducing outside agency contributions. Each Department Director spoke about their 2024 Accomplishments and 2025 Strategic Priorities. The Capital Improvement Program in all areas of the City was spoken to at great length and the use of the 2J Bond Projects Fund was presented. Overall, Patrick Goff spoke to a proposed reduction in expenditures for 2025 and the need to focus on projects currently in process reaching completion in 2025. It was stated that the last five years have had a robust work program for the City and it’s time to pause and reset. Goff stated that he and Alli Scheck will be talking to Council regarding some proposed changes to their fund balance policy, Council Comments Council Weaver asked for Council’s support regarding finding funds for a safety remedy and sidewalks for children walking along between Miller and Simms on 38th Avenue. Council Member Hoppe asked if they should look at a policy regarding when they can fund or not fund the Housing program or move monies from the General Fund into the Housing program. She stated she does not want to lose site that this is only a short- term solution for a year or two and not to continue full time. Goff stated that it is the intent to only keep it in the General Fund for the next year or two and something could be written into the budget notes, but he suggested Council not restrict themselves by creating a policy, as future needs may dictate otherwise. Hoppe asked Karen O’Donnell to look at the diving blocks being replaced as well. Council Member Hultin expressed concern about not funding the Housing program as there was an intent with those dollars to help solve issues in the community. Goff stated that the Housing program had enough funding for 2025 without the transfer from the General Fund and that not diverting money from the General Fund to the Housing program is a short-term solution for perhaps a year or two only. Hultin and Hoppe asked that the funding discussion take place when the Inclusionary Zoning discussion takes place. Hultin also asked in 2025 for Council to look at funding sources for the CIP program. She asked about funding for school property acquisition and if the City is positioned to take action when those properties become available. O’Donnell stated that they are seeking feedback through their pathway projects; however, funding is limited. Goff stated that it is on the table, but the funds are not in the budget. The goal is to get the Green completed and then build up on the Conversation Trust Fund again. Hultin asked if the budget could be looked again in June, when hopefully revenues would be up. She stated she wanted to be sure to prioritize those purchases. Council Member Dozeman had confirmed that there are only two new FTEs in the 2025 Budget. She also asked if the outside organizations were aware of their reduction in contributions from the City. Ms. Scheck stated they have been informed. She asked for Council could address those contributions when the budget comes back to Council mid- year next year. Council Member Larson stated it is his first time going through the Budget process. He asked that the original allocation from ARPA of $7.9 million has been used and with the funding going away and in particular, there is no allocation for stormwater projects, he is concerned the budgeted amount is not enough to cover stormwater issues for 2025. Goff stated that once the funding is gone, the City will no longer be able to provide funding for the outside agencies. Goff stated that many were one-time grants which will not be funded in the future. Scheck stated that stormwater management is completely funded out of 2J Funds, and a stormwater management fee feasibility study will be presented to Council in the future for consideration. In answer to Larson’s question, Goff stated that a stormwater management fee would not need to be voted on by the residents. Council Member Snell asked about the City pursuing grants to help fund Homeless Navigation Program. Marianne Schilling stated that they did receive grant funds, and they have applied for another grant through DOLA. She stated she is hoping to come back to Council with a budget supplement for those grants. Council Member Ohms stated that there may be funds available if the parkland near Discover Park is sold. He also wanted to keep surface water issues on the table for budget discussions, along with traffic mitigation on 38th Avenue between Miller and Simms and along Dover St. Mayor Pro Tem Stites thanked staff for a great presentation and appreciated staff’s consideration of budget cuts. He asked to keep traffic on 38th Avenue between Miller and Simms a budget priority along with the purchase of school properties, in particular Kullerstrand Elementary. 5. Staff Report(s) City Manager Patrick Goff 6. Elected Officials’ Report(s) Council Members reported on various events they were involved with around the community. 7. Adjournment With no further business to come before Council, Mayor Starker adjourned the Study Session at 8:58 p.m. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION NATIONAL NATIVE AMERICAN HERITAGE MONTH November 2024 WHEREAS, during National Native American Heritage Month we celebrate the rich tapestry of indigenous peoples and honor their sacrifices, which we recognize as inextricably woven into the history of this country; and WHEREAS, Native Americans have moving stories of tragedy, triumph, and perseverance that need to be shared with future generations; and WHEREAS, Native Americans have enriched our heritage and continue to add to all aspects of our society through their generosity of culture and the continued practice of teaching economic, environmental, and cultural sustainability; and WHEREAS, our country is blessed by the character and strength exemplified by the Native Americans who have answered the call of service in our armed forces in greater numbers per capita than any other group in the United States; and WHEREAS, the Land Acknowledgement Committee in the City of Wheat Ridge is working to acknowledge and honor Indigenous people who lived and worked on the land we call home; and WHEREAS, the City of Wheat Ridge is committed to developing and maintaining relationships with tribal communities; and WHEREAS, during the month of November we honor our native peoples in this, their ancestral homes, and recognize their continued contributions in strengthening the diversity of our society. NOW THEREFORE, BE IT RESOLVED, I, Mayor Bud Starker, and the Wheat Ridge City Council do hereby proclaim November 2024 as Native American Heritage Month in the City of Wheat Ridge and encourage all residents to join in this observance. IN WITNESS THEREOF, on this 28th day of October 2024. _______________________ Bud Starker, Mayor _______________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL VETERANS AND MILITARY FAMILIES’ MONTH NOVEMBER 2024 WHEREAS, during National Veterans and Military Families Month, we salute the brave and dedicated patriots who have worn the uniform of the United States, and we celebrate the extraordinary military families whose selfless service and sacrifice make our military the finest in the world; and WHEREAS, our Nation’s veterans represent the best of America. Generation after generation, men and women have answered the call to defend our country and our freedom, facing danger and uncertainty with uncommon courage; and WHEREAS, our heroes have always relied on their families for strength and support. Serving alongside our men and women in uniform are spouses, siblings, parents, and children who personify the ideals of patriotism, pride, resilience, service above self, and honor; and WHEREAS, as we approach this season of thanksgiving, we send our gratitude to millions of service members, veterans, military families, caregivers, and survivors who have served and continue to serve our nation; and WHEREAS, it is not only the person who wears the uniform serving our country but also their families who make enormous sacrifices for our nation; and WHEREAS, we honor them and their invaluable contributions; we share their pride in our armed forces; and we will never forget what they and their loved ones do for us. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 2024 as NATIONAL VETERANS AND MILITARY FAMILIES’ MONTH Throughout November, a grateful nation and the City of Wheat Ridge can show appreciation to the spouses, partners, children, caregivers, and survivors of our service members and veterans for their selfless sacrifice on behalf of our nation. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE YOUNGFIELD BRIDGE SCOUR REPAIR PROJECT TO WEST FORK CONSTRUCTION, LLC OF COLORADO SPRINGS, COLORADO AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $149,725 WITH A CONTINGENCY AMOUNT OF $14,975 FOR A TOTAL NOT TO EXCEED THE AMOUNT OF $164,700 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: The base of the piers for the Youngfield bridge over Clear Creek have been exposed due to erosion from high water flows. This project will remove some material and then add large boulders to protect the area around the base of the piers from future erosion. Five bids were received and opened on September 25, 2024. Staff recommends the lowest responsive bidder, West Fork Construction, LLC of Colorado Springs, Colorado be awarded the contract in the amount of $149,725, plus a contingency of $14,975, for a total project cost of $164,700. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this project is available and has been approved in the 2024 Renewal Wheat Ridge Bond budget as specified below: Council Action – Youngfield Bridge Scour Repair Project Contract Award October 28, 2024 Page 2 Project Account Number Allocation Youngfield Scour Project 40-101-800-805 $200,000 Five bids that were received are as follows: Vendor Bid Total B2 Excavating $106,644.21* West Fork Construction $149,725.00 Hallmark, Inc. $153,752.00 Meridian Partners $166,391.20 Stone and Concrete $169,073.00 Engineer’s Estimate $124,280.00 * The lowest bidder, B2 Excavating, had errors in their bid calculations and was determined to be unresponsive. BACKGROUND: The need to repair the area around the south piers of the Youngfield bridge was identified in the 2022 Annual Scour Vulnerable Evaluation that was prepared by the Colorado Department of Transportation (CDOT). A conceptual repair was included in the plans for the 2023 Youngfield Bridge Repair project, but funding was not available at that time to proceed with the scour repair. The city’s consultant, WSB, prepared the plans for the bridge repair project and assisted with the construction management of that project. Early this year, the City contracted with WSB to prepare the plans for the scour repair. ERO Resources Corporation was also contracted at the same time to investigate any environmental issues and obtain a Nationwide 3 Corps of Engineers Permit. The plans and permit were completed in mid-August and the project was advertised for bids. Formal bids for the 2024 Youngfield Bridge Scour Repair project were opened on September 25, 2024. Four bids received met the initial bid requirements and were within the available budget. The bid from West Fork Construction, LLC of Colorado Springs, Colorado represents the lowest responsive bid. While the bid is higher than the Engineer’s Estimate, staff feels that it is reasonable. Also, the fact that four of the five bids were all within about $20,000 indicates this is a reasonable price for this work. Due to the need to close the Clear Creek Trail under Youngfield Street during construction, information on the project will be posted to the City’s website and through the City’s social media channels. Additionally, the contractor will be required to coordinate with the Parks Division for trail closure requirements. A detour will be available during the closure using the sidewalks on either side of I-70 and along 40th Avenue. Council Action – Youngfield Bridge Scour Repair Project Contract Award October 28, 2024 Page 3 RECOMMENDATION: Staff recommends that a contract be awarded to West Fork Construction, LLC. RECOMMENDED MOTION: “I move to award the Youngfield Bridge Scour Repair Project to West Fork Construction, LLC of Colorado Springs, Colorado and approve subsequent payments in the amount of $149,725, with a contingency amount of $14,975 for a total not-to-exceed amount of $164,700.” Or, “I move to deny award of the Youngfield Bridge Scour Repair Project to West Fork Construction, LLC of Colorado Springs, Colorado for the following reason(s) _______________.” REPORT PREPARED/REVIEWED BY: Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Contract with West Fork Construction, LLC 24-159-Scour Repair Youngfield Bridge over Clear Creek CITY OF WHEAT RIDGE 24-159-Scour Repair of Youngfield Bridge over Clear Creek AGREEMENT THIS AGREEMENT, made this day of October, 2024 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and West Fork Construction, LLC, PO Box 88182, Colorado Springs, CO 80908, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary to complete the construction of the Project titled, ITB-24-159-Scour Repair Youngfield over Clear Creek, inaccordance with the Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount of one hundred sixty-four thousand seven hundred dollars($164,700) for both the estimated project costs and the 10% for contingency purposes. 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 45 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. ATTACHMENT 1 24-159-Scour Repair Youngfield Bridge over Clear Creek (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Vlad Bocharov Office Phone: 303-502-0375 Email Address: wfc@westforkconstruction.co Address: 7500 W 29th Ave. PO Box 88182 City, State, Zip Code Wheat Ridge, CO 80033 Colorado Springs, CO 80908 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback 24-159-Scour Repair Youngfield Bridge over Clear Creek The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Kent Kisselman, CIP Manager Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed 24-159-Scour Repair Youngfield Bridge over Clear Creek IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) APPROVED AS TO FORM: CONTRACTOR GERALD DAHL, CITY ATTORNEY COMPANY NAME ADDRESS ATTEST TO CONTRACTOR: AUTHORIZED SIGNATURE PRINT NAME NAME TITLE TITLE DATE DATE 24-159-Scour Repair Youngfield Bridge over Clear Creek PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that West Fork Construction, LLC (Name of Contractor) PO Box 88182, Colorado Springs, CO 80908 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($164,700) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-159-Scour Repair Youngfield over CC, in accordance with the Contract Bid Documents including: Base Bid – NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. 24-159-Scour Repair Youngfield Bridge over Clear Creek IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. 24-159-Scour Repair Youngfield Bridge over Clear Creek PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that West Fork Construction, LLC (Name of Contractor) PO Box 88182, Colorado Springs, CO 80908 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($164,700) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2024, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-159-Scour Repair Youngfield over CC, in accordance with the Contract Bid Documents including: Base Bid – NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. 24-159-Scour Repair Youngfield Bridge over Clear Creek IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 1 PROJECT DOCUMENTS VERSION 03/2023 YOUNGFIELD SCOUR REPAIR REQUIRED SUBMITTAL DOCUMENTS ITB-24-159 Prepared by: DEPARTMENT OF PUBLIC WORKS CIP DIVISION & PROCUREMENT AND CONTRACTS DIVISION CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 The engineering material and data contained in these Project Documents were prepared under the supervision and direction of Mark A Westberg, PE, Infrastructure Project Manager. Bidder must complete and SUBMIT all of the attached forms with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 2 TABLE OF CONTENTS PAGE # REQUIRED SUBMITTAL DOCUMENTS Bidder Acknowledgement Form .......................................................................................... 3 Contractor’s Qualification Form ........................................................................................... 4 List of Subcontractors and Amount ................................................................................... 11 Non-Discrimination Assurance Form ................................................................................. 12 Non-Collusion Affidavit ...................................................................................................... 13 Keep Jobs in Colorado Form ............................................................................................. 14 Proposal Form .................................................................................................................. 15 Bid Bond Form ................................................................................................................... 17 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 3 CITY OF WHEAT RIDGE ITB-24-159 BID DUE DATE: TUESDAY, SEPTEMBER 25, 2024, 2024 BY 2:00 PM Local Time YOUNGFIELD SCOUR REPAIR ELECTRONIC BIDS MUST BE SUBMITTED VIA: BidNetDirect.com IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required) Federal I.D. Number/DUNS Number COMPANY NAME ADDRESS CITY/STATE/ZIP PHONE EMAIL TYPED/PRINTED NAME AUTHORIZED SIGNATURE This is required. Must be digital or in ink. TITLE ACKNOWLEDGE ADDENDAS, MUST INITIAL NUMBER OF ADDENDA (Bidder is responsible for following up on all addendums) DO YOU ACCEPT VISA OR ACH FOR PAYMENT? WHICH IS THE PREFERRED METHOD Do not contact the requesting department or members of the evaluation committee. Signature acknowledges that Bidder: has read the bid documents thoroughly before submitting a bid, will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one bid from your firm or both bids will be disqualified. Submit bid with authorized signature. Point of Contact: Whitney Mugford-Smith, Procurement Manager wmsmith@ci.wheatridge.co.us or phone 303-235-2811. Do not contact the requesting department. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 4 CONTRACTOR’S QUALIFICATION FORM Your Bid Will Not Be Processed If Incomplete SECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Street Address City State Zip Code C. (Mailing Address, if different from above) D. Primary Company Telephone No. E-mail. E. Applicant Firm's Contact Person for Public Works Office follow-up: Print or Type Name Position Telephone Number F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes G. Type of business organization: YEAR organization established: NUMBER of current full time employees: Sole Proprietor Corporation – [Date and State of Incorporation Limited Partnership General Partnership [Date and State of Partnership filing Limited Liability Company Limited Liability Partnership [Date and State of filing Other (describe) Type of service(s) to be provided to the City of Wheat Ridge. General Contractor Concrete Flatwork Storm Sewer Concrete Structures Traffic Signals Slurry Seal Grading Fog Seal Asphalt Paving Crack Sealing Concrete Paving Landscaping Signing Striping Traffic Control Other (describe) ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 5 SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 1. Owners List Owners of Applicant Firm. Full Legal Name Title Years of Related Experience % Of Ownership [Use additional sheets if necessary] 2. Project Management Team, Supervisors and Employees Who Will Be Working Directly On the Project(s). List the full names of the primary employees of the proposed Project Team. Full Legal Name Present Position Years of Related Experience % of Time Devoted to Project Professional Licenses [Use additional sheets if necessary] 3. Resume Attach resumes of the Project Management Team showing the last five years of employment in this field. Resumes must be comprehensive and include of Firms worked for and dates of employment. (RESUMES are not required from Materials Suppliers (Vendors). 4. Contractor’s License(s) The awarded Contractor must obtain or have a current City of Wheat Ridge Municipal Contractor’s License within 7 days of Council approval of bid award. REFERENCES PAST AND PRESENT CLIENTS The City of Englewood|Public Works Rep: Devin Keener, Project Manager 1000 Englewood Parkway, Englewood, CO 80110 Email: Dkeener@englewoodco.gov Triview Metropolitan District Rep: James McGrady, District Manager 16055 Old Forest Point STE 300 Monument, CO 80132 Email: jmcgrady@triviewmetro.com City of Aurora, Public Works Rep: Jacob DeBernardi 15151 E. Alameda Parkway Aurora, CO 80012 Email: jdeberna@auroragov.org Douglas County, Capital Projects Rep: Neil Sarno 100 Third Street Castle Rock, CO 80104 Email: nsarno@douglas.co.us Kiewit Infrastructure Co. Rep: Mike McDonald, Operations Manager 3527 Wabash St, Colorado Springs, CO 80906 Email: Mike.McDonald@kiewit.com Crossland Construction Company, Inc Rep: Austin Russel, Project Manager 6341 S. Troy Circle, Centennial, CO 80111 Email: arussell@crossland.com 1` TIM VALDEZ OPERATIONS MANAGER YEARS OF EXPERIENCE: 21 YEARS EDUCATION: B.S., CONSTRUCTION MANAGEMENT, COLORADO STATE UNIVERSITY, 2002 OTHER SPECIALIZED EXPERIENCE/TRAINING • Job Superintendent School • OSHA 30 Hour • CPR/First Aid Course • Superintendents School – Operations • Owner Focused Selling • Materials Course • Scheduling Course • Formwork Course • Survey Course • Certified Traffic Control Supervisor • Erosion Control Supervisor • Competent Trench Safety PROFESSIONAL EXPERIENCE Tim is a Project Manager and Estimator for bid-build projects. He is responsible for construction activities, including planning, resource scheduling, owner relations, subcontractor coordination, and safety and quality compliance. Tim’s knowledge base and depth of technical understanding of key project construction factors make him an invaluable asset to WFC and its clients. He has extensive project experience in the area along with working with the City of Colorado Springs, CDOT, and multiple municipalities in the Denver Metro area. PROJECT EXPERIENCE Operations Manager, 2023 Alley Grading and Stabilization, City of Englewood, CO, $0.5 Million Tim was Project Manager for the $490,000 project for the City that consisted of improving the drainage and rideability of the City’s Zone 3, 4, and 5 alleys while decreasing their rate of deterioration through the application of a magnesium-chloride based dust control and surface stabilization product. The project scope also included grading, tree and bush trimming, structure adjustments, and selective upgrades to existing drainage. Operations Manager, South Acoma Drainage Area Improvements Phase II, City of Englewood, CO, $1.6 Million Tim was Project Manager for the $1.6 million project to improve the City’s South Englewood Storm Sewer System. The project included an addition of inlets in various locations and the installation of approximately 2,000 LF of new and up-sized storm sewer pipe. The project also included relocating sanitary and water lines to accommodate a large 72-inch Corrugated Metal Pipe (CMP) storm system. Operations Manager, South Acoma Street Drainage Area Improvements Phase I, City of Englewood, CO $0.9 Million Tim was Project Manager for the $860,000 project to improve the City’s South Englewood Storm Sewer System. The project included the addition of inlets in various locations and the installation of approximately 800 LF of new storm sewer pipe ranging in size from 48 to 18 inches. Superintendent, COS Airport Taxiway Rehabilitation, City of Colorado Springs, Colorado Springs, CO, $2.8 Million Kiewit completed the reconstruction of the intersection of Taxiways H and M and a 320ft section of Taxiway H at the Colorado Springs Airport. The project involved removing the existing concrete surface and underlying CTS base and replacing it with a new design consisting of sub-grade, aggregate base, bituminous pavement, and concrete pavement. Kiewit instituted a comprehensive quality control plan and a strict materials management plan to ensure all concrete met FAA and Kiewit standards. The project was completed in an accelerated six-week schedule and produced a high-quality product that was opened to air traffic one week early. Project Manager, Centennial Boulevard Reconstruction, City of Colorado Springs, Colorado Springs, CO, $8.6 Million The Centennial Boulevard Project is a 1.5-mile street reconstruction project for the City of Colorado Springs. This four-lane street in northeast Colorado Springs was originally planned to be reconstructed with two different pavement types and sections. One section called for 9-in. of Hot Mix Asphalt (HMA) on 13-in. of Aggregate Base Course (ABC) 9-in. of reconditioned subgrade and one section with 11-in. of Portland Cement Concrete Pavement (PCCP) on 4-in. of ABC on 9-in. of reconditioned subgrade. Tim was responsible for managing construction activities along with managing the schedule and costs relative to the budget for this project. Civil Manager, UCCS Village at Alpine Valley, Colorado Springs, CO, $75 Million This LEED Gold project involved three 180,000 SF residential halls housing 510 beds with several variations on room types with private baths and a 30,000 SF dining hall that will feed 400-500 students. The ultimate intent of the project was to provide a Master Plan for additional residence halls and programming. Tim was responsible for managing construction activities, subcontractors, and owner relations along with managing the schedule and costs relative to the budget for this design/build project. Project Manager, SH 94, Colorado Department of Transportation, Ellicott, CO, $4.5 Million A project for CDOT to overlay 18 miles of State Highway 94 from Ellicott, Colorado to the El Paso/Lincoln County line. Work included concrete bridge repair, guard rail, asphalt patching, striping, and shouldering. Tim was responsible for managing construction activities along with managing the schedule and costs relative to the budget for this project. Operations Manager, I-25 North Design-Build, Colorado Department of Transportation, Colorado Springs to Monument, CO, $65 Million The I-25 North design-build project consisted of adding one additional travel lane in both directions of I-25 from Woodmen Road to Monument. Dedicated auxiliary lanes were also added from Woodmen Road to Interquest Parkway and a new intersection at Northgate Boulevard. Work included major earthwork, drainage, two new bridge structures, aggregate base course, lighting, signing and over 250,000 tons of asphalt. As the operations engineering manager, Tim was responsible for the supervision of engineering, project costs control, design changes and contract administration. He interfaced with owner representatives, permitting authorities and other interested parties to resolve any construction issues using partnering-based problem solving techniques. Tim ensured the project was constructed according to design. He monitored the schedule, costs, and production trend analysis. Tim also coordinated and monitored subcontractor and vendor activities, managed change orders, and tracked RFIs. Civil and Utilities Discipline Manager, Denver Union Station Transit Improvements, Denver, CO, $336 Million This project involved the design and construction of the transit improvements at the historic Denver Union Station making it a multi-model transportation hub. As part of RTD’s FasTracks program, construction includes an underground bus terminal, an eight-track commuter rail station, and relocation of the light rail station, plazas, and street improvements. Tim was responsible for managing construction activities and schedules and costs relative to budget. Contract Administrator, Tioga Gas Plant Expansion, Hess Corporation, Tioga, ND, $85 Million This project involved the expansion of the existing gas plant for Hess Corporation. Work included anchor bolts down foundations, procurement, and installation of over 800 steel piles, 5,000 CY of concrete foundations, and installation of five metal buildings. Tim was responsible for managing change, early involvement with design constructability reviews, estimating, and developing proposal packages. He was also responsible for managing the project CPM Schedule. Project Manager, Harvest Hills Subdivision Site Grading, Granite Peak Development - North Dakota, LLC, Williston, ND, $3 Million This project involved the construction of site development for a subdivision. This consisted of responding to an aggressive bid to move 250,000 CY of earth in less than 26 days, including roadway prep and over lot grading. Tim managed an aggressive schedule, mobilized equipment to a remote location, hired and trained craft employees, and managed owner relations. Grading Discipline Manager, LPV-145, USACE, New Orleans, LA, $250 Million This project involved the construction of a t-wall on top of the existing levee to reach 100-year storm. Work involved a 33,398 ft. long newly reinforced concrete T-wall supported by steel H-piles to be built on the existing levee. The project also involved 15 miles of newly constructed access roads, grading, backfill, and excavation. Tim conducted early contractor involvement in the design and managed construction activities, schedule, budget, safety, and quality. Project Superintendent, K3 Border Fence, USACE, El Paso, TX, $31 Million This project involved the construction of an 18-ft.-high fence adjacent to the border of Mexico. Work involved 100,000 cu. yd. of excavation, 40,000 cu. yd. of structural concrete, and structural steel fencing. Tim conducted value engineering for drainage structures, reduced the number of bolts, and improved fence rolling patterns. Tim managed construction activities, schedule, budget, safety, and quality. Project Manager, COS Airport Taxi Lane GA, City of Colorado Springs, Colorado Springs, CO, $1.4 Million Kiewit completed the taxi lane GA at Colorado Springs Airport. The project involved removing the existing asphalt paving, unclassified excavation, grading, and replacing it with a new design consisting of sub-grade, aggregate base, and bituminous pavement. Kiewit’s practices included a detailed project plan, clear communication with all stakeholders, and a skilled workforce that was able to work quickly without sacrificing quality. Project Superintendent, BCT-H Barracks, Battalion Headquarters, ANG Water Line, Company Operating Facilities, US Army, Colorado Springs, CO, $4.6 Million These four projects totaled $4.6 million involving grading, water line, asphalt paving, and curb and gutter at Fort Carson. Tim managed construction operations, including owner and subcontractor relations, cost analysis, personnel and equipment organization and materials management. He also worked with the prime contractor to improve constructability and review design to ensure proper drainage off-site. Project Engineer, COS Airport Runway 17L/35R, City of Colorado Springs, Colorado Springs, CO, $7.0 Million Kiewit reconstructed the primary runway 17R/35 at Colorado Springs Airport, including three taxiways and upgrading drainage systems, due to de-icer fluids weakening the pavement structure. The design called for using asphalt as a sub-base, high levels of ash in the concrete, and higher testing standards to provide a long-term solution. To meet FAA guidelines, Kiewit developed a unique paving plan, which involved crews placing eight inches of asphalt over the runway before placing 14 inches of concrete. Despite challenges in testing and maintaining the schedule, Kiewit successfully completed the project, meeting all requirements. Project Superintendent, Woodmen/Powers Interchange (Paving Contract), Colorado Department of Transportation, Colorado Springs, CO, $4.5 Million This project involved the construction of a new intersection, including paving, six ramps and temporary construction detours. Work included 65,710 tons of asphalt for the bottom mat, top mat, and detour paving. Tim managed construction activities and schedules and costs relative to the budget. Project Engineer, Porter Draw Bridges, Colorado Department of Transportation, Pueblo CO, $4.2 Million This project involved removing and replacing two bridges on southbound I-25 while maintaining uninterrupted traffic through the work zone. One bridge was placed over Porter Draw and one over Steel Hollow. Work involved road reconstruction, asphalt paving, construction, and removal of a detour segment at two locations. Tim was responsible for budget and job setup, quantity tracking, cost analysis, work plans, scheduling, and owner and subcontractor relations. Project Engineer, State Highway 105, Colorado Department of Transportation, Monument, CO, $493K This project involved the reconstruction of an intersection on SH 105, including grading, drainage structures, base course, and asphalt paving. Tim was responsible for budget and job setup, quantity tracking, cost analysis, work plans, scheduling, and owner and subcontractor relations. Project Engineer, State Highway 83, Colorado Department of Transportation, Black Forest, CO, $2 Million This $2 million project for the Colorado Department of Transportation consisted of heater remix and asphalt overlay of 10 miles. Tim was responsible for budget and job setup, quantity tracking, cost analysis, scheduling, and owner and subcontractor relations. Project Engineer, Crystal Park, Crystal Park Homeowner’s Association, Colorado Springs, CO, $2.5 Million This project consisted of widening six miles of a mountain roadway. The road is the main access for homeowners into this community. Kiewit worked closely with the homeowner’s association to ensure that construction activities caused the minimal impact. The project team was challenged by the narrow road and mountainous terrain and winter conditions. Work involved straightening the alignment, grading, constructing drainage improvements, installation of curb and gutter, and placement of a 4-in. asphalt mat. Tim was responsible for providing constructability reviews and value engineering. He participated in coordination and construction progress meetings. 1 FRANCISCO TIRADO GENERAL SUPERINTENDENT YEARS OF EXPERIENCE: 26 YEARS PROFESSIONAL EXPERIENCE Experienced Superintendent with 26 years of expertise in horizontal infrastructure projects including grading, earthwork, drainage, paving, and flatwork. Adept at overseeing project operations from start to finish, ensuring on- time and on-budget project delivery. Committed to providing high-quality workmanship and maintaining a safe work environment. PROJECT EXPERIENCE Superintendent, 2023 Alley Grading and Stabilization, Phase 2, City of Englewood, CO, $0.5 Million Francisco was the field superviser for the $0.5 million project to improve the City’s South Englewood Alleys. He ensured that project work is performed in compliance with safety regulations and industry standards. Francisco managed and trained project staff, providing guidance and support to ensure that work is performed efficiently and effectively. Superintendent, South Acoma Drainage Area Improvements Phase II, City of Englewood, CO, $1.6 Million Francisco was the superintendent for the $860,000 project to improve the City’s South Englewood Storm Sewer System. He performed and supervised all the construction operations including drainage, grading, earthwork, , paving, and flatwork. Superintendent, Jackson Creek Parkway Widening, Monument, CO $6.9 Million This project included the widening of a narrow two-lane road into a four-lane separated parkway with a decorative and landscaped center median, multiple intersections, turn lanes, bike lanes, curb and gutter, sidewalks, and a new storm drain system. Francisco supervised and managed drainage and earthwork operations. Lead Foreman, COS Airport Taxi Lane GA, City of Colorado Springs, Colorado Springs, CO, $1.4 Million Francisco self-performed removal of the existing asphalt paving, unclassified excavation, grading, and installation of a new design comprising subgrade, aggregate base, and bituminous pavement. He maintained clear communication with the city inspectors, engineers, and testers, and ensured high-quality work was delivered at a swift pace. Superintendent, McLaughlin&Old Meridian RDB US24 & New Meridian, EL Paso County $4.96 Million The project consists of constructing a roundabout with associated roadway approaches, pedestrian facilities and underground drainage infrastructure at the intersection. Francisco self-performed removal of old intersection, installation of drainage infrastructure, excavation, grading, and installation of a new design comprising subgrade, aggregate base, asphalt pavement. 1 VLAD BOCHAROV ESTIMATOR / PROJECT MANAGER YEARS OF EXPERIENCE: 7 YEARS EDUCATION: M.S., CIVIL ENGINEERING, UNIVERSITY OF ILLINOIS AT URBANA CHAMPAIGN OTHER SPECIALIZED EXPERIENCE/TRAINING • OSHA 30 Hour • CPR/First Aid Course • Erosion Control Supervisor • Competent Trench Safety • EIT (FE CIVIL) • USGBC LEED GA • IMBA PROFESSIONAL EXPERIENCE Vlad is a Project Manager and Estimator for bid-build projects. Vlad has five years of experience overseeing all phases of heavy civil construction, with proven proficiencies in construction cost estimating, bid proposals, job planning and submittals, project initiation, survey, project management, and client interactions. After the project award, Vlad takes care of material submittals for the design team review and all of the required permits for the project. He also assists with project scheduling and budgeting and coordinates overall project schedules and monitors project activities, progress, and milestones. PROJECT EXPERIENCE Project Manager, Sundar Apartments, City of Lafayette, CO $2.7 Million Vlad was a Superintendent for this project consisting of the construction of new water, sanitary sewer, and storm sewer systems for the multi-building apartment complex in the city of Lafayette. The scope of work included the installation of: 2,940 LF of Sanitary Sewer; 7,018 LF of Water; 6,477 LF of Storm Sewer; 73,847 CY Underground Detention System. Superintendent, 2022 Alley Grading and Stabilization, City of Englewood, CO, $0.5 Million Vlad was the Superintendent for the $1.6 million project to improve the City’s South Englewood Storm Sewer System. The project included an addition of inlets in various locations and the installation of approximately 2,000 LF of new and up-sized storm sewer pipe. The project also included relocating sanitary and water lines to accommodate a large 72-inch CMP storm system. 2 Superintendent, South Acoma Drainage Area Improvements Phase II, City of Englewood, CO, $1.6 Million Vlad was the Superintendent for the $860,000 project to improve the City’s South Englewood Storm Sewer System. The project included the addition of inlets in various locations and the installation of approximately 800 LF of new storm sewer pipe ranging in size from 48 to 18 inches. Assistant Project Manager, Superior Construction, I-65/I-70 North Split, Indianapolis, IL $320 Million Vlad served as Assistant Project Manager for various projects, which included $320 million of interstate interchange reconstruction in Downtown Indianapolis, Indiana. He was also responsible for 60,000 LF of storm drain and managed over $8 million of self-performed work. Project Engineer, COS Airport Taxi Lane GA, City of Colorado Springs, Colorado Springs, CO, $1.4 Million Vlad prepared and developed submittals, SWMP plans, and certifications to successfully start the job at the required NTP date. Managed in-house construction crews and subcontractors and created weekly work plans and schedules. He also tracked costs, production, and budget of the job daily and equipped construction grading equipment with GPS and UTS machine controls and monitored the accuracy of work to meet and exceed FAA Standards. Field Engineer, Jackson Creek Parkway Widening, Monument, CO $6.9 Million This project included the widening of a narrow two-lane road into a four-lane separated parkway with a decorative and landscaped center median, multiple intersections, turn lanes, bike lanes, curb and gutter, sidewalks, and a new storm drain system. Vlad conducted site surveying using Trimble GPS and Total Station equipment. Equipped construction grading equipment with GPS machine controls and monitored the accuracy of work. PROJECT EXAMPLES PROJECT NAME DESCRIPTION OWNER COMPLETION DATE COST 2021 Roadside Safety Improvements The work included installation of 920LF of MGS guardrail with multiple transitions. WFC self performed R&R of concrete sidewalk and curb ramp and subgrade preparation. City of Aurora 04/30/2024 $329,500.00 Layton Drainage Improvements The work consisted of unclassifed excavation and disposal, and installation of riprap to improve drainage of floodplain area. City of Englewood 04/05/2024 $77,633.00 Leather Chaps Turn Lane The work involved construction of a turn land for Bear Creek Elementary School. WFC perfomed excavation, grading, and managed installtion of conrete flatwork, asphalt paving and striping. Triview Metropolitan District 06/28/2024 $205,000.00 Monument Warehouse WFC installed all the site services, including storm drainage, sanitary sewer, water and other services. Woodmoor Mountain HOA 07/03/2024 $621,000.00 PROJECT NAME DESCRIPTION OWNER COMPLETION DATE COST County Road 105 Bridge Rehabilitation This project consists of rehabilitating approximately 153 feet of a bridge structure and roadway crossing Oakland School Gulch. The project also includes removal of portions of the present structure, asphalt milling, joint sealant, waterproofing membrane, hot mix asphalt placement, concrete patching, erosion control, traffic control as well as other items. Douglas County 05/29/2024 $615,000.00 Les Schwab Tire Center The work consists of installation of new storm-sewer pipe with multiple drain basins, storm-manholes, and concrete drain channel to improve drainage of the parking lot. Les Schwab Tire Center 11/28/23 $145,000.00 2023 Alley Grading The work consisted of alley grading to improve drainage and to remove rutting, potholing, and points of erosion. Soil stabilization product was applied to improve the drainage and stability of the alley base material. We adjusted drainage structures, as necessary, to accommodate finish grades, trim trees, and bushes to provide the clear and fully accessible public right-of-way. The City of Englewood 11/02/2023 $495,000.00 Woodmoor Mountain – Grading and Drainage Grading and drainage improvements of the main community road Woodmoor Mountain HOA 08/23/23 $28,500.00 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 6 SECTION III - CONTRACTING HISTORY 1. Contracting History A. List the applicant Firm’s six largest contracts in the last three years. 1. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 2. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 3. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 7 SECTION III - CONTRACTING HISTORY – (Continued) 4. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 5. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 6. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 8 SECTION III - CONTRACTING HISTORY – (Continued) In the past five years has the Applicant Firm or any Affiliate been the subject of any of the following actions? A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes B. Failed to complete a contract for a commercial, private owner or Government agency? No Yes C. Been denied a low-bid contract in spite of being the low bidder? No Yes D. Had a contract terminated for any reason, including default? No Yes E. Had liquidated damages assessed against it during or after completion of a contract? No Yes If “Yes” to Sections IV, V or VI, provide details including a brief summary of cause(s) of action, indicate if Applicant Firm, Owner or Affiliate Firms were plaintiffs (P) or defendants (D); define charges explicitly, by what authority, court or jurisdiction, etc. Complete details are required! NOTE: For Sections IV and V below, the definition of an "investigation" includes: an appearance before a grand jury by representatives of the Firm; any oral or written inquiry or review of the Firm’s documents by a governmental or law enforcement agency or investigative agency; or questioning of employees concerning the general operation or a specific project or activities of the Firm SECTION IV - CIVIL ACTIONS 1. Violations Of Civil Law In the past five years has Applicant Firm, any of its Owners, or any Affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? No Yes 2. Lawsuits With Public Agencies At the present time is, or during the past five years has the Applicant Firm, any of its Owners, or any Affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge or to a public agency? No Yes 3. Bankruptcy During the past five years, has the Applicant Firm or any Affiliate filed for bankruptcy or reorganization under the bankruptcy laws? No Yes 4. Judgments, Liens And Claims During the past five years, has the Applicant Firm been the subject of a judgment, lien or claim of $10,000 or more by a subcontractor or supplier? No Yes 5. Tax Liens During the past five years, has the Applicant Firm been the subject of a tax lien by federal, state or any other tax authority? No Yes SECTION V - COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 9 B. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other accusatory instrument? No Yes C. Been convicted, after trial or by plea, of any felony under state or federal law? No Yes D. Been convicted of any misdemeanor involving business-related crimes? No Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or a violation of any antitrust laws? No Yes F. Entered into a consent decree? No Yes G. Been granted immunity from prosecution for any business-related conduct constituting a crime under state or federal law? No Yes H. Taken the Fifth Amendment in testimony on any business-related crime? No Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? No Yes J. Do any Owners in Applicant Firm have any felony charges pending against them that were filed either before, during, or after their employment with the Applicant Firm? No Yes 1. Regulatory Compliance In the past five years, has Applicant Firm, any of its Owners, or Affiliates been cited for: A. A violation of any labor law or regulation, including prevailing wage rates and fair labor practices? No Yes B. An OSHA violation? No Yes C. A violation of federal, state or local environmental laws or regulations? No Yes D. Any other administrative, statutory or regulatory violations? No Yes SECTION VI - ETHICS 1. False Statements, Bribes, Collusion In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Filed with a government body (including City of Wheat Ridge) or submitted to a government employee (including City of Wheat Ridge employee) any form of document known by the Applicant Firm, any of its Owners, or by the person submitting the document, to contain false information? No Yes B. Created or maintained false business records? No Yes C. Given, or offered to give, money or any other benefit to a public official or employee with intent to influence that person regarding any of their official acts, duties or decisions? No Yes D. Given, or offered to give, money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities, and/or violations of lobbying regulations)? No Yes ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 10 E. Agreed with another to bid below prevailing market rate? No Yes F. Agreed with another to submit identical or complimentary bids or otherwise not to bid competitively? No Yes G. Agreed with another not to submit competitive bids in another's territory established either by geography or customers? No Yes H. Agreed with another to take turns in obtaining contracts by pre-determining which Firm shall submit the lowest bid? No Yes 2. Conflict Of Interest A. Does the Applicant Firm, any of its Owners or Project Team Members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if Applicant Firm should be a recipient of a contract with the City of Wheat Ridge? No Yes B. Has any Owner or Project Team member of Applicant Firm ever (if yes explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a Member of Wheat Ridge City Council? No Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council Member? No Yes SECTION VII - ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: Letter of Reference from your Firm’s Surety, which states current available aggregate and single project bonding capacity (This Application will not be processed without this letter) Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full time employees must be certified at Level II or higher. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Evergreen Surety 1114 W. 7th Ave. Ste. 240 Denver, CO 80204 303-520-0249 www.evergreensurety.com April 9, 2024 Re: Surety Reference Letter – West Fork Construction LLC To Whom It May Concern: The Gray Casualty & Surety Company is the bonding company for West Fork Construction LLC. We consider West Fork Construction LLC to be very well qualified and capable of successfully completing a wide range of projects. We will consider bonds in the $1,500,000 range with a $3,000,000 aggregate capacity. This information is provided for historical purposes only and does not represent established limits. Should an obligee request West Fork Construction LLC to provide performance and payment bonds for a project, we stand prepared to do so subject to our standard underwriting procedures including, but not limited to, favorable review of the contract documents and bond forms. It should be understood that all bond requests are a matter between West Fork Construction LLC and The Gray Casualty & Surety Company. We therefore assume no liability to any other party if for any reason we do not execute said bonds. The Gray Casualty & Surety Company is Treasury Listed and Licensed in the State of Colorado with an A.M. Best rating of A-, VIII. If you should have any questions regarding West Fork Construction LLC and their ability to bond future projects, please feel free to contact us. Sincerely, Thomas W. Patton President ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 11 LIST OF SUBCONTRACTORS AND AMOUNT ITB-24-159 Important: This form must be submitted and completed. If you are not using sub-contractors, state “None”. Failure to submit a completed form will result in a non-responsive bid. Contractor’s organization shall perform work amounting to 50% or more of the total contract cost. COMPANY SUBMITTING BID NAME TYPE OF WORK AMOUNT % OF WORK Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 12 Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it, as well as all of its responsible agents, contractors and consultants, is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title: Date Certified and Agreed: Attestation: (A corporate attestation is required) Place corporate seal below: BY: Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 14 Effective January 1, 2014, the Keep Jobs in Colorado Act requires that Colorado labor be employed to perform at least 80% of the work on a public works project, as defined in C.R.S. 8-19-102(2). References Keep Jobs in Colorado Act - 8-17-101, et.seq., C.R.S. Definition of Public Projects - 8-19-102, C.R.S. Construction Bidding for Public Projects – 24-92-102, C.R.S. House Bill 13-1292, Keep Jobs in Colorado Act The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of House Bill 13-1291 and CRS 8-17-101 et seq. 2. The Vendor represents, warrants, and agrees that it (i) Colorado labor will be employed to perform at least 80% of the work on a public works project, or (ii) otherwise, shall comply with the notification requirements and/or waiver request of CRS 8-17-101 et seq. 3. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this Act or CRS 8-17-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this day of , 2024 BID NUMBER: FIRM: (Print Full Legal Name) AUTHORIZED SIGNATURE: Print Name: Print Title: Date: Attestation: (A corporate attestation is required.) BY: Corporate Secretary or Equivalent Place corporate seal here, if applicable Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR KEEP JOBS IN COLORADO ACT (80% Colorado Labor), COMPLIANCE TO H.B. 13-1292 BID SCHEDULE ITB-XX-XX Company Submitting Bid ITEM NO. PAY ITEM QUANTITY UNIT UNIT PRICE EXTENSION 201-00001 CLEARING AND GRUBBING 1 LS 3,200.00$ 3,200.00$ 206-00000 STRUCTURE EXCAVATION 415 CY $ 69.00 28,635.00$ 206-00510 FILTER MATERIAL (CLASS A) 57 CY $ 100.00 5,700.00$ 208-00106 SWEEPING (SEDIMENT REMOVAL)20 HR $ 100.00 2,000.00$ 212-00006 SEEDING (NATIVE) 0.03 AC $ 35,000.00 1,050.00$ 213-00000 MULCHING 0.03 AC $ 67,000.00 2,010.00$ 506-00218 RIPRAP (18 INCH) 543 CY $ 160.00 86,880.00$ 620-0020 SANITARY FACILITY 1 EA $ 750.00 750.00$ 626-00000 MOBILIZATION 1 LS $ 14,500.00 14,500.00$ 630-00016 TRAFFIC CONTROL (SPECIAL) LS 1 LS $ 5,000.00 5,000.00$ 700-70380 F/A EROSION CONTROL 1 LS $ - -$ Youngfield Bridge Scour Repair Company : West Fork Construction LLC 149,725.00$ TOTAL AMOUNT OF BID SCHEDULE ITB-XX-XX PROJECT NAME Page 1 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 15 PROPOSAL FORM ITB-24-159 This is the Proposal (Bid) of (hereinafter called "BIDDER") or organized and existing under the laws of the State of doing business as a (Insert "a corporation", "a partnership", or "an individual" as applicable.) To the CITY OF WHEAT RIDGE (hereinafter called "Owner"). The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Bid Documents, to complete all Work as specified or indicated in the Contract Bid Documents for the Contract Sum and within the Contract time indicated in accordance with the Contract Bid Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders. The Bid will remain open for sixty days after the day of Bid opening. Bidder will sign the Agreement and submit any documents required by the Contract documents within seven (7) calendar days after notification or the designated date. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, or communication with any competitor. Every bid submitted to the City shall contain a statement certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of an affidavit provided by the City and included in the Bid Proposal. The Bidders proposal will be rejected if it does not contain the completed Non-collusion Affidavit. Bidder agrees to abide by the following federal requirements: Executive Order No. 11246 as amended, including specifically, the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 1986, and the Americans with Disabilities Act of 1991. United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. Bidder hereby agrees to commence Work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project within 42 working days. The Notice to Proceed shall be issued within fourteen (14) days of the execution of the Agreement by the Owner. Should there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress, or performance of the Work and has made such independent investigation as Bidder deems necessary. Bidder will complete the Work for all accepted bid items. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 16 PROPOSAL FORM, CONTINUED ITB-24-159 Provide all materials, labor, and equipment to complete the work as per the specifications. It is the Owner’s intent to award a single contract to the lowest qualified bidder. Project: YOUNGFIELD SCOUR REPAIR Company Name Date Authorized Signature Title Printed Name Title License No. Type Expiration Date ATTEST: Printed Name Signature Title SEAL (If bid is by corporation) ADDENDA Bidder acknowledges receipt of the following Addenda: Bid Schedule Bidder acknowledges the attachment of the completed electronic BID SCHEDULE (Protected Excel Spreadsheet) under separate cover. Signature Title Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE N JEFFERSON COUNTY YOUNGFIELD ST OVER CLEAR CREEK SCOUR REPAIR STATE OF COLORADO Call before you dig. Know what's below . R I-7 0 E A S T YO U N G F I E L D S T . WTRE-1-0.79-01A I-7 0 W E S T SH-58 W 42ND AVE. XE N O N S T . 0 250' 500' SCALE: 1"=500' VICINITY MAP SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST Sheet Number TITLE SHEET 0101 K. JONES C. DREESEN 24-026015_1_TITLE.DWG 8/14/24 8/15/24 TITLE Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 1 _ T I T L E . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 8 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com FI N A L P L A N S - F O R B I D CDOT STRUCTURE NO. E-16-RS CLEAR C R E E K CLEAR C R E E K T R A I L PROJECT LOCATION YOUNGFIELD TRAILHEAD 1 STANDARD PLANS LIST 0101 K. JONES C. DREESEN 24-026015_2_STANDARD PLANS LIST.DWG 8/13/24 8/15/24 SPL Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 2 _ S T A N D A R D P L A N S L I S T . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 8 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com 2 Sheet Number GENERAL NOTES 0201 K. JONES C. DREESEN 24-026015_3-4_GENERAL NOTES.DWG 8/15/24 8/22/24 NOTES Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 3 - 4 _ G E N E R A L N O T E S . D W G Plo t D a t e : 8/2 2 / 2 0 2 4 2 : 4 4 P M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com GENERAL NOTES 1.ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CITY OF WHEAT RIDGE CONSTRUCTION STANDARDS AND CONCRETE SPECIFICATIONS AS WELL AS THE MILE HIGH FLOOD DISTRICT TECHNICAL SPECIFICATIONS. THESE CONSTRUCTION PLANS AND 2023 COLORADO DEPARTMENT OF TRANSPORTATION SPECIFICATIONS AND STANDARDS SHALL GOVERN WHEN INFORMATION IS NOT INCLUDED IN THE CITY OF WHEAT RIDGE SPECIFICATIONS AND STANDARDS. 2.A TACK COAT OF EMULSIFIED ASPHALT (SLOW-SETTING) IS TO BE APPLIED BETWEEN PAVEMENT COURSES TO IMPROVE THE BOND. DILUTED EMULSIFIED ASPHALT FOR TACK COAT SHALL CONSIST OF 1 PART EMULSIFIED ASPHALT AND 1 PART WATER, RATES OF APPLICATION SHALL BE AS DETERMINED BY THE ENGINEER AT THE TIME OF APPLICATION. 3.WATER SHALL BE USED AS A DUST PALLIATIVE WHERE REQUIRED. LOCATIONS SHALL BE AS DETERMINED BY THE ENGINEER AT THE TIME OF APPLICATION. 4.WHERE EXISTING ASPHALT OR CONCRETE PAVEMENT IS WIDENED OR REMOVED, IT SHALL BE CUT TO A NEAT WORK LINE WITH A PAVEMENT CUTTING SAW OR OTHER METHOD AS APPROVED BY THE ENGINEER. THIS WORK WILL NOT BE PAID FOR SEPARATELY BUT SHALL BE CONSIDERED AS SUBSIDIARY WORK. 5.THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTIVITIES TO THOSE AREAS WITHIN THE LIMITS OF DISTURBANCE AND/OR TOES OF SLOPE AS SHOWN ON THE PLANS. ANY DISTURBANCE BEYOND THESE LIMITS SHALL BE RESTORED TO ORIGINAL CONDITION BY THE CONTRACTOR AT HIS OWN EXPENSE. CONSTRUCTION ACTIVITIES, IN ADDITION TO NORMAL CONSTRUCTION PROCEDURES SHALL INCLUDE THE PARKING OF VEHICLES OR EQUIPMENT, DISPOSAL OF LITTER, AND ANY ACTION WHICH WOULD ALTER EXISTING CONDITIONS. 6.THE CONTRACTOR WILL BE REQUIRED TO BROOM THE TRAVELED ROADWAY/TRAIL WHEN OPERATIONS ARE USING OR CROSSING THE ROADWAYS/TRAILS. THE BROOMING MAY BE REQUIRED ON A DAILY BASIS OR AS DIRECTED BY THE ENGINEER. THIS WORK WILL NOT BE PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE COST OF THE WORK. ANY CONSTRUCTION DEBRIS OR MUD TRACKED ONTO EXISTING ROADWAYS SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR. THE CONTRACTOR SHALL REPAIR ANY EXCAVATIONS OR PAVEMENT FAILURES CAUSED BY HIS CONSTRUCTION. THE CONTRACTOR SHALL PROPERLY BARRICADE THE CONSTRUCTION SITE UNTIL CONSTRUCTION IS COMPLETE. 7.UTILITY LINES AS SHOWN ON THE PLAN SHEETS ARE PLOTTED FROM THE BEST AVAILABLE INFORMATION. THE CONTRACTOR'S ATTENTION IS DIRECTED TO SECTION 105 SUBSECTION 105.10 OF THE CDOT SUPPLEMENTAL SPECIFICATIONS CONCERNING UTILITIES. THE CONTRACTOR SHALL CALL UTILITY NOTIFICATION CENTER OF COLORADO AT 1-800-922-1987 FOR UTILITY LOCATIONS AT LEAST 2 WORKING DAYS PRIOR TO ANY EXCAVATION, NOT INCLUDING THE DAY OF ACTUAL NOTICE. XCEL ENERGY WILL LOCATIVE STREET LIGHT FEEDS AT NO COST TO THE PROJECT. 8.ALL REMOVED STRUCTURE, PAVEMENT, AND MISCELLANEOUS MATERIALS SHALL BECOME PROPERTY OF THE CONTRACTOR AND DISPOSED OF DAILY OFF-SITE AT THE CONTRACTOR'S EXPENSE. 9.THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION OF ADDITIONAL WORK PERFORMED BY OTHER. THIS SHALL INCLUDE ALL UTILITY COMPANIES WHICH HAVE ASSOCIATED WORK ON THE PROJECT SITE. 10.THE CONTRACTOR SHALL PROTECT ALL WORK AREAS AND FACILITIES FROM STORM AND IRRIGATION WATER AT ALL TIMES. AREAS AND FACILITIES SUBJECTED TO FLOODING, REGARDLESS OF THE SOURCE OF WATER, SHALL BE PROMPTLY DEWATERED USING APPROVED STORMWATER QUALITY BMP'S AND RESTORED WITHOUT COST TO THE CITY. THE CONTRACTOR SHALL PROTECT ALL WORK AREAS AND FACILITIES FROM WATER AT ALL TIMES, AREAS AND FACILITIES SUBJECTED TO FLOODING, REGARDLESS OF THE SOURCE OF WATER, SHALL BE PROMPTLY DEWATERED AND RESTORED AT NO COST TO THE OWNER. 11.THE PHYSICAL FEATURES WITHIN THE LIMITS OF THE PROJECT HAVE BEEN SHOWN BASED ON THE BEST INFORMATION AVAILABLE AT THE TIME OF THE DESIGN. THE CONTRACTOR SHALL VERIFY AND BE RESPONSIBLE FOR ALL FEATURES PRIOR TO BEGINNING ANY WORK. DIMENSIONS SHOWN TO RIGHT-OF-WAY LINES AND EXISTING PHYSICAL STRUCTURES ARE TYPICAL AND MAY VARY. 12.EROSION CONTROL SHALL BE PLACED PER THE CONTRACTOR'S PROVIDED AND APPROVED SWMP PLAN AND AS DIRECTED BY THE ENGINEER. EROSION LOGS/GRAVEL BAGS AND INLET PROTECTION ARE ANTICIPATED AS BMP'S; COST TO BE INCLUDED IN THE LUMP SUM PRICE BID FOR EROSION CONTROL PROTECTION. ALL WORK AS SHOWN ON THE PLANS, AS REQUIRED BY CDPHE AND AS REQUIRED BY OTHER AGENCIES AND AS NEEDED SHALL BE INCLUDED IN THE LUMP SUM PRICE BID FOR EROSION CONTROL PROTECTION. 13.IT IS SUGGESTED THAT THE CONTRACTOR INITIATE A REQUEST TO THE XCEL ENERGY FOR ANY CONSTRUCTION RELATED TEMPORARY ELECTRICAL POWER SOURCES AS SOON AS POSSIBLE. IN SOME INSTANCES, UP TO 30 DAYS MAY BE REQUIRED TO PROVIDE THE SOURCES. THE REQUEST IS TO BE PROCESSED THROUGH XCEL ENERGY, AT (800) 628-2121. 14.THE CONTRACTOR SHALL PROTECT PEDESTRIANS AND VEHICLES FROM ALL WORK AREAS WITH BARRICADES. 15.THE CONTRACTOR SHALL OBTAIN ALL CITY OF WHEAT RIDGE PERMITS INCLUDING, BUT NOT LIMITED TO, ELECTRICAL, EXCAVATION, AND CONCRETE. THE CONTRACTOR SHALL NOTIFY RESPECTIVE AGENCIES A MINIMUM OF 48 HOURS PRIOR TO THE INSTALLATION OF ITEMS REQUIRING THEIR INSPECTION. 16.THE CONTRACTOR SHALL OBTAIN ALL CITY OF WHEAT RIDGE PERMITS INCLUDING, BUT NOT LIMITED TO, ELECTRICAL, EXCAVATION, AND CONCRETE. THE CONTRACTOR SHALL NOTIFY RESPECTIVE AGENCIES A MINIMUM OF 48 HOURS PRIOR TO THE INSTALLATION OF ITEMS REQUIRING THEIR INSPECTION. 17.IF ANY PART OF THE PROJECT REQUIRES WORK WITHIN THE RIGHT-OF-WAY OF A ROADWAY UNDER THE JURISDICTION OF THE COLORADO DEPARTMENT OF TRANSPORTATION, THE CONTRACTOR SHALL OBTAIN THE NECESSARY PERMITS FROM CDOT TO PERFORM SUCH WORK. THE CONTRACTOR SHALL CONFORM TO ALL THE REQUIREMENTS AND RESTRICTIONS INDICATED ON THE PERMIT. THE CONTRACTOR SHALL RESTORE THE AREA TO ITS ORIGINAL CONDITION, INCLUDING RESEEDING IF NECESSARY, AT THE COMPLETION OF THE PROJECT. THE CONTRACTOR'S EQUIPMENT SHALL NOT BE STORED ON ANY TRAVELED HIGHWAY. 18.POTHOLING WILL NOT BE MEASURED FOR PAYMENT BUT SHALL BE INCLUDED IN ITEMS FOR WHICH PAYMENT IS MADE. 19.CONSTRUCTION SURVEYING SHALL BE PROVIDED BY THE CONTRACTOR AND COST INCLUDED IN THE WORK. 20.THE CONTRACTOR WILL BE REQUIRED TO SUBMIT A CONSTRUCTION SCHEDULE AT THE PROJECT PRE-CONSTRUCTION MEETING. THIS SCHEDULE WILL SHOW THE BEGINNING AND ENDING DATES OF MAJOR CONTRACT ITEMS. THIS SCHEDULE WILL BE UPDATED BY THE CONTRACTOR EVERY 10 WORKING DAYS, OR AS REQUIRED BY THE CITY. 21.COMPACTION FOR THIS PROJECT SHALL BE PER SECTION 203 OF THE 2023 CDOT STANDARD SPECIFICATIONS AND/OR ANY APPLICABLE PROJECT AND STANDARD SPECIAL REVISIONS 22.MATERIALS TESTING FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH SECTION 720 OF THE CITY SPECIAL PROVISIONS AND COST SHALL BE INCLUDED IN THE WORK. 23.TO PROVIDE FOR ADEQUATE SULFATE RESISTANCE IN ALL CONCRETE SUPPLIED, SEVERITY OF POTENTIAL EXPOSURE SHALL BE CLASS 2 FOR THIS PROJECT. THE CONTRACTOR MAY AT HIS OWN EXPENSE HAVE A CERTIFIED LABORATORY TEST THE SUB GRADE PER THE CDOT FIELD MATERIALS MANUAL. TESTING SHALL BE AT THE SAME SCHEDULE AND FREQUENCY AS REQUIRED FOR A PRELIMINARY SOIL SURVEY. THE CONTRACTOR MAY PROPOSE A DIFFERENT CLASS OF EXPOSURE FOR THE PROJECT BASED ON THOSE TEST RESULTS. 24.THE CONTRACTOR SHALL HAVE ONE SIGNED FULL SIZE COPY OF THE PLANS APPROVED BY THE GOVERNING AGENCIES AND ONE COPY OF THE APPROPRIATE DESIGN AND CONSTRUCTION STANDARDS AND SPECIFICATIONS, CDOT PERMIT (IF APPLICABLE), AND SWMP DOCUMENT ON THE JOB SITE AT ALL TIMES. 25.REPAIR OF ANY DAMAGE TO EXISTING IMPROVEMENTS AND/OR LANDSCAPING IS THE RESPONSIBILITY OF THE CONTRACTOR AT THEIR EXPENSE. ALL DAMAGE CAUSED TO EXISTING CURB, GUTTER AND SIDEWALK DURING CONSTRUCTION SHALL BE REPAIRED PRIOR TO ACCEPTANCE OF COMPLETED IMPROVEMENTS, AT THE CONTRACTOR'S EXPENSE. 26.THE CONTRACTOR SHALL NOTIFY ALL PROPERTY OWNERS AND BUSINESS OWNERS IN WRITING A MINIMUM OF 48 HOURS PRIOR TO ANY UTILITY SHUT OFF OR CLOSURE OF DRIVEWAYS. THE NOTICES MUST HAVE CONTRACTOR'S PHONE NUMBER AND NAME OF CONTACT PERSON, AND EMERGENCY PHONE NUMBER FOR AFTER-HOURS CALLS. CONTRACTOR WILL BE RESPONSIBLE FOR MAINTAINING LOCAL ACCESS TO ALL DRIVEWAYS INCLUDING BUSINESSES. 27.THE CONTRACTOR WILL BE RESPONSIBLE FOR MAINTAINING CLEANLINESS ON ALL LOCAL ROADWAYS AFFECTED BY HIS CONSTRUCTION. 28.AS A CONDITION FOR QUALIFYING FOR FINAL PAYMENT THE CONTRACTOR WILL FURNISH UPON COMPLETION OF THE PROJECT, AN ELECTRONIC (PDF OR EQUIVALENT) SET OF AS-CONSTRUCTED DRAWINGS PER SECTION 105.02 OF THE CITY PROJECT SPECIAL PROVISIONS AND CDOT STANDARD SPECIFICATIONS. REDLINES OF DRAWINGS ARE ACCEPTABLE. 29.THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTIVITIES TO THOSE AREAS WITHIN THE LIMITS OF CONSTRUCTION AS SHOWN ON THE PLANS. ANY DISTURBANCE BEYOND THESE LIMITS SHALL BE RESTORED TO ORIGINAL CONDITION BY THE CONTRACTOR AT HIS EXPENSE. CONSTRUCTION ACTIVITIES, IN ADDITION TO NORMAL CONSTRUCTION PROCEDURES, SHALL INCLUDE THE PARKING OF VEHICLES OR EQUIPMENT, DISPOSAL OF LITTER, AND ANY OTHER ACTION WHICH WOULD INCLUDE CLEARING AND GRUBBING, AND LANDSCAPE RESTORATION. ALL VEHICLES AND EQUIPMENT SHALL AVOID ANY DAMAGE TO SURROUNDING LANDSCAPING OR VEGETATION. 30.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESERVING ALL LAND MONUMENTS. MONUMENTS DISTURBED DURING CONSTRUCTION ACTIVITY SHALL BE RESET AT NO ADDITIONAL COST TO THE PROJECT. THE RESETTING OF MONUMENTS SHALL BE DONE UNDER THE DIRECT SUPERVISION OF A REGISTERED LAND SURVEYOR. THE CONTRACTOR SHALL FILE MONUMENT RECORDS WITH THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR ALL LAND MONUMENTS RESET DURING CONSTRUCTION. 31.ALL UNCLASSIFIED EXCAVATION MATERIAL SHALL BE REMOVED FROM THE PROJECT SITE. ALL EMBANKMENT MATERIAL MUST BE IMPORTED AND SHALL HAVE SULFATE LEVELS LESS THAN 2 PERCENT WATER-SOLUBLE SULFATE (S04) IN DRY SOIL. IN ADDITION, ALL EMBANKMENT MATERIAL SHALL HAVE A MINIMUM R-VALUE OF 30. 32.THE 2023 CDOT FIELD MATERIALS MANUAL IS TO BE USED FOR THE LIFE OF THE PROJECT. 33.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PRESERVING ALL LAND MONUMENTS. MONUMENTS DISTURBED DURING CONSTRUCTION ACTIVITY SHALL BE RESET AT NO ADDITIONAL COST TO THE PROJECT. THE RESETTING OF MONUMENTS SHALL BE DONE UNDER THE DIRECT SUPERVISION OF A REGISTERED LAND SURVEYOR. THE CONTRACTOR SHALL FILE MONUMENT RECORDS WITH THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR ALL LAND MONUMENTS RESET DURING CONSTRUCTION. 34.ALL MATERIAL UNCLASSIFIED EXCAVATION SHALL BE REMOVED FROM THE PROJECT SITE. ALL EMBANKMENT MATERIAL MUST BE IMPORTED AND SHALL HAVE SULFATE LEVELS LESS THAN 2 PERCENT WATER-SOLUBLE SULFATE (S04) IN DRY SOIL. IN ADDITION, ALL EMBANKMENT MATERIAL SHALL HAVE A MINIMUM R-VALUE OF 30. 35.THE 2021 CDOT FIELD MATERIALS MANUAL IS TO BE USED FOR THE LIFE OF THE PROJECT ENVIRONMENTAL/LANDSCAPING 1.THE CONTRACTOR SHALL COMPLY WITH ALL CITY NOISE ORDINANCES APPLICABLE TO NIGHTTIME CONSTRUCTION ACTIVITIES. THE CONTRACTOR SHALL COORDINATE WITH THE CITY FOR ALL NECESSARY NOISE EXEMPTIONS, NOTICES AND/OR PERMIT VARIANCES AS REQUIRED. THE CONTRACTOR SHALL SUBMIT A NIGHT TIME NOISE ORDINANCE EXEMPTION REQUEST (AT LEAST TWO WEEKS PRIOR TO THE PROPOSED NIGHT WORK START DATE) TO THE CITY OF WHEAT RIDGE FOR CONSTRUCTION WORK THAT IS SCHEDULES BETWEEN THE HOURS OF 9:00 P.M. AND 7:00 AM. THE FOLLOWING INFORMATION SHOULD BE INCLUDED IN THE EXEMPTION REQUEST SUBMITTALS AND SENT TO THE CITY: (1) REQUESTING ENTITY, (2) CONTACT PERSON AND PHONE NUMBER. (3) LOCATION OF THE WORK, REASONS NIGHT WORK IS BEING REQUESTED, (5) TYPE OF ACTIVITIES PROPOSED TO OCCUR AT NIGHT, EQUIPMENT PROPOSED TO BE USED AT NIGHT, (7) START AND END DATE PROPOSED, (8) TOTAL NUMBER OF NIGHTS WORK IS PROPOSED TO OCCUR. ALL P.M. CONSTRUCTION ACTIVITIES SUBJECT TO NOISE RESTRICTIONS CANNOT START UNTIL THE NECESSARY DOCUMENTATION AND NOTIFICATIONS HAVE BEEN APPROVED BY THE CITY. ALL EXEMPTION REQUESTS AND PERMITTING REQUIREMENTS WILL NOT BE PAID FOR SEPARATELY, BUT WILL BE INCLUDED IN THE WORK. 2.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACCEPTANCE AND CONTROL OF ALL SUBSURFACE DRAINAGE AND GROUNDWATER ENTERING THE PROJECT AREA. CONTRACTOR IS RESPONSIBLE FOR PROVIDING DE-WATERING, IF NEEDED, AT NO ADDITIONAL COST TO THE PROJECT. DEWATERING METHODS SHALL BE APPROVED BY THE CITY. 3.ALL EROSION/SEDIMENT CONTROL BMP'S (STRUCTURAL AND NON-STRUCTURAL) SHALL BE IN PLACE AS NEEDED AND ACCORDING TO THE CONSTRUCTION PHASING AS APPROVED BY THE ENGINEER AND BE INCLUDED IN THE COST OF THE WORK. 4.FOR ANY EQUIPMENT OPERATING BELOW THE TOP OF STREAM BANKS: REMOVE ALL MUD, PLANTS AND DEBRIS FROM EQUIPMENT (TRACKS, TURRETS, BUCKETS, DRAGS, TEETH, ETC.) AND SPRAY/SOAK EQUIPMENT IN A 1:15 SOLUTION OF QUAT 4 OR SUPER HDQ NEUTRAL INSTITUTION CLEANER AND WATER. KEEP EQUIPMENT MOIST FOR AT LEAST 10 MINUTES OR REMOVE ALL MUD, PLANTS AND DEBRIS FROM EQUIPMENT (TRACKS, TURRETS, BUCKETS, DRAGS, TEETH, ETC.) AND SPRAY/SOAK EQUIPMENT WITH WATER GREATER THAN 140 DEGREES F FOR AT LEAST 10 MINUTES CLEAN HAND TOOLS, BOOTS, AND ANY OTHER EQUIPMENT THAT WILL BE USED IN THE WATER WITH ONE OF THE ABOVE OPTIONS AS WELL. DO NOT MOVE WATER BODY TO ANOTHER. BE SURE EQUIPMENT IS DRY BEFORE USE. TRAFFIC CONTROL 1.TRAFFIC CONTROL, INCLUDING LANE CLOSURES, MAY REMAIN IN PLACE OVERNIGHT. THE SAME APPLIES TO TRAILS WITH A MINIMUM TOTAL WIDTH OF 8 FEET. THE CONTRACTOR SHALL PROVIDE, PROGRAM AND MAINTAIN TWO EACH VARIABLE MESSAGE SIGNS (VMS) A MINIMUM OF ONE WEEK/7 DAYS PRIOR TO BEGINNING CONSTRUCTION ACTIVITIES, AND THROUGHOUT THE CONSTRUCTION. THE CONTRACTOR SHALL SUBMIT A METHOD OF HANDLING TRAFFIC (MHT) FOR APPROVAL BY THE ENGINEER PRIOR TO BEGINNING CONSTRUCTION OR LIMITING TRAFFIC. CONTRACTOR SHALL UTILIZE CDOT STANDARD PLAN NO. S-630-1 CASES 3, 24, 29 AND OTHERS AS APPROPRIATE. THE COST OF ALL TRAFFIC CONTROL INCLUDING SIGNAGE, BARRICADES, FLAGGING, ETC. SHALL BE INCLUDED IN THE LUMP SUM PRICE BID FOR CONSTRUCTION TRAFFIC CONTROL. 2.THE CONTRACTOR SHALL PREPARE AND PRESENT THEIR METHOD FOR HANDLING CONSTRUCTION ZONE TRAFFIC TO THE CITY FOR APPROVAL AT THE PRE-CONSTRUCTION MEETING. 3.WORK WITHIN CITY ROW ROADWAY AREAS CLOSED TO THROUGH TRAFFIC MAY PROCEED BETWEEN THE HOURS OF 7:00 AM AND 5:00 PM ON LOCAL STREETS, AND BETWEEN THE HOURS OF 8:30 AM AND 3:30 PM ON COLLECTOR, ARTERIAL AND HIGH VOLUME LOCAL STREETS AS DETERMINED IN WRITING BY THE CITY. WORKING HOURS LIMITATIONS SHALL BE CLEARLY IDENTIFIED. 4.TRAFFIC CONTROL DURING CONSTRUCTION SHALL COMPLY WITH THE LATEST EDITION OF THE FHWA'S "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES," CDOT STANDARD PLAN NO. S-630-1, AND OTHER DOCUMENTS DETAILED IN THE SPECIFICATIONS. Sheet Number GENERAL NOTES 0202 K. JONES C. DREESEN 24-026015_3-4_GENERAL NOTES.DWG 8/13/24 8/15/24 NOTES UTILITY NOTES 1. THIS PROJECT DOES NOT HAVE AN EXCAVATION FOOTPRINT THAT EXCEEDS 2 FEET IN DEPTH AND THEREFORE SUBSURFACE UTILITY ENGINEERING IN ACCORDANCE WITH THE COLORADO SENATE BILL 18-167 WAS NOT REQUIRED. 2. WHILE UTILITY CONFLICTS ARE NOT ANTICIPATED GIVEN THE NATURE OF THE BRIDGE REPAIR WORK, THE CONTRACTOR ASSUMES RESPONSIBILITY FOR THE PROTECTION OF ALL UTILITIES DURING THE WORK. REPAIR OF DAMAGE TO EXISTING UTILITIES DURING CONSTRUCTION SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. 3. THE CONTRACTOR IS RESPONSIBLE TO EXCAVATE AND LOCATE ALL EXISTING UTILITIES WHICH MAY AFFECT CONSTRUCTION. ALL EXPLORATORY EXCAVATIONS SHALL OCCUR FAR ENOUGH IN ADVANCE TO PERMIT ANY NECESSARY RELOCATION TO BE MADE WITH MINIMAL DELAYS TO THE PROJECT. UNLESS A PAY ITEM HAS BEEN INCLUDED FOR EXPLORATORY EXCAVATIONS (POTHOLING), ALL EXPLORATORY EXCAVATIONS SHALL BE CONSIDERED INCIDENTAL TO THE PROJECT. THE CONTRACTOR SHALL NOT BE COMPENSATED FOR ANY DELAY DUE TO UTILITY CONFLICTS. 4. ALL UTILITY RELOCATES WILL BE PERFORMED BY THE OWNING UTILITY COMPANY. DURING THE COURSE OF THE PROJECT, UNLESS A SEPARATE PAY ITEM IS PROVIDED. THE CITY CONTACTED UTILITIES DURING THE DESIGN PROCESS. 5. PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION, THE CONTRACTOR SHALL CONTACT ALL UTILITIES TO COORDINATE SCHEDULES. 6. THE CONTRACTOR SHALL COMPLY WITH ARTICLE 1.5 OF TITLE 9, CRS ("EXCAVATION REQUIREMENTS") WHEN EXCAVATING OR GRADING IS PLANNED IN THE AREA OF THE UNDERGROUND UTILITY FACILITIES. THE CONTRACTOR SHALL NOTIFY ALL AFFECTED UTILITIES AT LEAST TWO BUSINESS DAYS, NOT INCLUDING THE ACTUAL DAY OF NOTICE, PRIOR TO COMMENCING SUCH OPERATIONS. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT 811 OR 1-800-922-1987, TO HAVE LOCATIONS OF UNCC REGISTERED LINES MARKED BY MEMBER COMPANIES. ALL OTHER UNDERGROUND FACILITIES SHALL BE LOCATED BY CONTACTING THE RESPECTIVE OWNER. UTILITY SERVICE LATERALS SHALL ALSO BE LOCATED PRIOR TO BEGINNING EXCAVATION OR GRADING. THE CONTRACTOR SHALL LOCATE NON-MEMBER UTILITIES, SUCH AS STORM SEWER AND DITCH FACILITIES AS NECESSARY TO PREVENT DAMAGE THERETO. 7. IT IS SUGGESTED THAT THE CONTRACTOR CALL XCEL ENERGY AT 1-800-895-1999 FOR AN ELECTRICAL EMERGENCY. 8. IT IS SUGGESTED THAT THE CONTRACTOR CALL XCEL ENERGY AT 1-800-895-2999 FOR A GAS EMERGENCY. 9. CONTRACTOR SHALL POSITIVELY LOCATE AND POTHOLE ALL POTENTIAL CONFLICTS WITH EXISTING BURIED UTILITY FACILITIES WITH THE PROPOSED CONSTRUCTION AS SHOWN ON THE PLANS OR BY FIELD LOCATION MARKINGS. IF CONFLICT EXISTS, MODIFY PROPOSED CONSTRUCTION PLANS TO AVOID ALL EXISTING BURIED UTILITY FACILITIES. 10. PROTECT IN PLACE BRIDGE MOUNTED UTILITIES. Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 3 - 4 _ G E N E R A L N O T E S . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 9 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com 4 Sheet Number SUMMARY OF APPROXIMATE QUANTITIES 0101 K. JONES C. DREESEN 24-026015_5_PROJ SAQ.DWG 8/14/24 8/15/24 SAQ Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 5 _ P R O J S A Q . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 4 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com 5 Sheet Number REMOVALS 0101 K. JONES C. DREESEN 24-026015_6_REMOVALS.DWG 8/14/24 8/15/24 REMOVALS N Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 6 _ R E M O V A L S . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 5 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com PLAN LEGEND STRUCTURE EXCAVATION AT PIERS STRUCTURE EXCAVATION SOUTH OF CHANNEL STRUCTURE EXCAVATION CLEAR CREEK TRAIL (PROTECT IN PLACE) EXISTING RCP (PROTECT IN PLACE) 25'-0" 76 ' - 6 " 18'-0" R30'-0 " EXISTING COLUMN (PROTECT IN PLACE) EXISTING COLUMN (PROTECT IN PLACE) OVERHEAD WATER LINE (PROTECT IN PLACE) EXISTING RCP (PROTECT IN PLACE) SECTION B-B EXCAVATION AT PIERS 1 1 COLUMN LIMITS OF STRUCTURE EXCAVATION 1 1 3'-6" 3' - 0 " CLEAR CREEK CHANNEL LINE (2019 INSPECTION REPORT) 2'-6"8'-8" 25'-0" 19'-0" 3' - 0 " 1 1 SECTION A-A EXCAVATION SOUTH OF CHANNEL LIMITS OF STRUCTURE EXCAVATION A- A- - B - B NOTES: 1. CONTRACTOR SHALL PROTECT EXISTING RCP CULVERT CROSSINGS BY PLACING AN EARTHEN CUSHION WITH TAPERED APPROACHES TO ALLOW CROSSING OF BICYCLES, PEDESTRIANS, AND MAINTENANCE EQUIPMENT. 2. CUSHION SHALL BE MAINTAINED PROVIDING A SAFE AND PASSABLE SURFACE. 6 1+ 0 0 2+ 0 0 3 + 0 0 PC 0 + 5 5 . 3 5 PT 0 + 6 5 . 1 2 PC 1 + 0 9 . 1 3 Sheet Number GENERAL LAYOUT 0101 K. JONES C. DREESEN 24-026015_7_GPE.DWG 8/15/24 8/16/24 BRIDGE N Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 7 _ G P E . D W G Plo t D a t e : 8/1 6 / 2 0 2 4 1 0 : 1 6 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com Cle a r C r e e k PLAN 8'-0" CLEAR CREEK TRAIL YOUNGFIELD OVER CLEAR CREEK I-70 TO WB 58TH AVE I-70 EASTBOUND ℄ PIER 18" RCP 18" RCP 15" RCP 13 ' - 7 " LIMITS OF RIPRAP REPLACEMENT R30' - 0 " RIPRAP TO TIE INTO EAST CORNER OF EXISTING CULVERT 6'-11"18'-1" 25'-0" TYP. 18'-8" 7 Sheet Number SCOUR DETAILS 0101 K. JONES C. DREESEN 24-026015_8_RIPRAP DETAILS.DWG 8/14/24 8/15/24 BRIDGE Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 8 _ R I P R A P D E T A I L S . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 6 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com SECTION OF EXCAVATION AT PIERS 1 1 COLUMN LIMITS OF STRUCTURE EXCAVATION NOTES 1. RIPRAP SHALL BE TYPE H WITH D50 = 18 INCH. 2. RIPRAP AND FILTER MATERIALS AND INSTALLATION SHALL CONFORM TO THE MILE HIGH FLOOD DISTRICT CONSTRUCTION SPECIFICATIONS. COLUMN 3'-6" LIMITS OF RIPRAP (24 INCH) (RESTORE TO 2013 CHANNEL LINE) SECTION OF RIPRAP AT PIERS LIMITS OF FILTER MATERIAL 6" 1 1 1 1 1 1 3'-6"8'-8"2'-6" 3'- 0 " CLEAR CREEK CHANNEL LINE (2019 INSPECTION REPORT) CLEAR CREEK CHANNEL LINE (2013 INSPECTION REPORT) CLEAR CREEK CHANNEL LINE (2019 INSPECTION REPORT) 2'-6"8'-8" 25'-0" 19'-0" 3'- 0 " SECTION OF RIPRAP SOUTH OF CHANNEL 1 1 25'-0" 19'-0" 3' - 0 " 1 1 SECTION OF EXCAVATION SOUTH OF CHANNEL LIMITS OF STRUCTURE EXCAVATION LIMITS OF STRUCTURE EXCAVATIONLIMITS OF FILTER MATERIAL 6" 8 0+ 0 0 1+ 0 0 2+ 0 0 3 + 0 0 3 + 7 0 BP 0 + 0 0 . 0 0 PC 0 + 5 5 . 3 5 PT 0 + 6 5 . 1 2 PC 1 + 0 9 . 1 3 E P 3 + 6 9 . 9 4 Sheet Number DETOUR AND ACCESS PLAN 0101 K. JONES C. DREESEN 24-026015_9_DETOUR PLAN.DWG 8/14/24 8/15/24 DETOUR N I-70 WB WH E A T R I D G E G R E E N B E L T Y O U N G F I E L D T R A I L H E A D W 4 0 T H A V E Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 9 _ D E T O U R P L A N . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 7 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com Cl e a r C r e e k PLAN TRAIL CLOSED USE DETOUR LEGEND CLEAR CREEK TRAIL PEDESTRIAN/BICYCLE DETOUR CONTRACTOR ACCESS OPTION 1 - WEST SIDE CONTRACTOR ACCESS OPTION 2 - EAST SIDE I-70 EB I-70 EB TO 5 8 T H YOUNGFIELD STREET CL E A R C R E E K T R A I L NOTES 1. 6" OF SOIL SHALL BE PLACED OVER THE CULVERT CROSSINGS ON THE CLEAR CREEK TRAIL. THE MATERIAL SHALL BE CLEAN WITH A 2" MAX. AGGREGATE SIZE. THE SOIL SHALL TAPER OFF 10' EAST AND WEST OF EACH CROSSING. 2. CONTRACTOR SHALL PROTECT THE OVERHEAD WATER MAIN LINE ALONG THE EAST SIDE OF YOUNGFIELD OVER CLEAR CREEK BRIDGE IF USING OPTION 2 ACCESS. 3. THE CONTRACTOR SHALL PROVIDE MHT(S) FOR THE PEDESTRIAN/BICYCLE DETOUR TO W. 40TH AVE. DETOUR SIGN DETOUR SIGNS DETOUR SIGNS DETOUR SIGNS TRAIL CLOSED USE DETOUR 9 1+ 0 0 2 + 0 0 3 + 0 0 PC 0 + 5 5 . 3 5 PT 0 + 6 5 . 1 2 PC 1 + 0 9 . 1 3 Sheet Number SWMP PLANS 0101 K. JONES C. DREESEN 24-026015_10_SWMP.DWG 8/14/24 8/15/24 SWMP N Designer: Sheet Subset: Detailer: No Revisions: Revised: Void:Sheet Number Init.CommentsDate: Sheet Revisions As Constructed Print Date: File Name: J:\ _ C O \ _ D E N V E R \ G E N E R A L \ C O \ 2 4 - 0 2 6 0 1 5 - Y O U N G F I E L D B R I D G E S C O U R P R O T E C T I O N \ C A D \ C U T S H E E T S \ 2 4 - 0 2 6 0 1 5 _ 1 0 _ S W M P . D W G Plo t D a t e : 8/1 5 / 2 0 2 4 1 1 : 5 7 A M P l o t t e d B y : Ka t e J o n e s Structure Numbers Subset Sheets: of Last Modified:YOUNGFIELD STREET OVER CLEAR CREEK SCOUR PROTECTIONCITY OF WHEAT RIDGE 11220 W 45TH AVENUE WHEAT RIDGE, CO 80033 PH: 303-234-5900 FI N A L P L A N S - F O R B I D WTRE-1-0.79-01A1873 S. Bellaire Street Suite 1101Denver, CO 80222P: 303-798-9445 www.wsbeng.com Cle a r C r e e k PLAN 8'-0" CLEAR CREEK TRAIL YOUNGFIELD OVER CLEAR CREEK I-70 TO WB 58TH AVE I-70 EASTBOUND 18" RCP 18" RCP 15" RCP LIMITS OF RIPRAP REPLACEMENT R30' - 0 " RIPRAP TO TIE INTO EAST CORNER OF EXISTING CULVERT CONSTRUCTION FENCE - RESET AT NIGHTS AND WEEKENDS CONSTRUCTION FENCE AND 12" EROSION CONTROL LOGS CONSTRUCTION FENCE AND 12" EROSION CONTROL LOGS LIMITS OF SEEDING (NATIVE) AND MULCHING NOTES SEEDING (NATIVE) SHALL INCLUDE THE FOLLOWING: SEED COMMON NAME RATE LB/ACRE BUFFALO GRASS (SHARPS IMPROVED)16 CRESTED WHEAT GRASS (FAIRWAY) 6 WESTERN WHEAT GRASS (BARTON) 6 STREAMBANK WHEAT GRASS (SODAR) 6 PERENNIAL RYE GRASS (MANHATTAN)16 OATS (COVER CROP)50 LIMITS OF SEEDING (NATIVE) AND MULCHING 10 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 1 PROJECT DOCUMENTS VERSION 03/2023 YOUNGFIELD SCOUR REPAIR ITB-24-159 Prepared by: DEPARTMENT OF PUBLIC WORKS CIP DIVISION Procurement & Contracts Manager Whitney Mugford-Smith, NIGP-CPP, CPPB wmsmith@ci.wheatridge.co.us CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 ANTICIPATED PROJECT SCHEDULE ITB Issued September 3, 2024 Deadline for Questions September 16, 2024 @ 2pm Mandatory Pre-Bid Meeting September 13, 2024 @ 2pm via MS TEAMS Bid Due Date and Time September 25, 2024 @ 2:00 pm Completion Date By January 31, 2025 The engineering material and data contained in these Project Documents were prepared under the supervision and direction of Mark A Westberg, PE, Infrastructure Project Manager. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 2 TABLE OF CONTENTS PAGE # INVITATION TO BID......................................................................................................................... 4 INFORMATION FOR BIDDERS ....................................................................................................... 5 GENERAL PROVISIONS ................................................................................................................. 9 SAMPLE AGREEMENT & FORMS ................................................................................................ 17 STANDARD SPECIAL PROVISIONS Section 101 – Definitions and Section 106 - Control of Materials ........................................ Sections 101 and 106 – Buy America and Build America, ................................................... Buy America Requirements - No-Federal Aid Section 103 – Colorado Resident Bid Preference ................................................................. Section 105 – Control of Work ............................................................................................... Section 105 – E-Signature ..................................................................................................... Section 107 – Water Quality Control (Under One Acre of Disturbance) ............................... Section 109 – Prompt Payment (Local Agency) .................................................................... Section 207 – Topsoil ............................................................................................................ Section 208 – As-Constructed Survey................................................................................... Section 208 – Erosion Control (Under One Acre of Disturbance) ......................................... PROJECT SPECIAL PROVISIONS Section 101 – Definitions and Terms..................................................................................... Section 102 – Bidding Requirements and Conditions ........................................................... Section 103 – Award and Execution of Contract ................................................................... Section 104 – Scope of Work ................................................................................................ Section 105 – Control of Work ............................................................................................... Section 106 – Control of Material .......................................................................................... Section 107 – Legal Relations and Responsibility to Public ................................................. Section 108 – Prosecution and Progress .............................................................................. Section 109 – Measurement and Payment ........................................................................... Section 207 – Topsoil ............................................................................................................ Section 208 – Erosion Control ............................................................................................... REQUIRED SUBMITTAL DOCUMENTS (Under Separate Cover) Bidder Acknowledgement Form Contractor’s Qualification Form List of Subcontractors and Amount Non-Discrimination Assurance Form Non-Collusion Affidavit Keep Jobs in Colorado Form Proposal Form Bid Bond Form BID SCHEDULE (Protected Excel Spreadsheet Under Separate Cover) DRAWINGS ADDENDA (if applicable) EXHIBITS Mandatory Pre-Bid Meeting Link: Microsoft Teams Need help? Join the meeting now Meeting ID: 248 038 231 368 Passcode: nkcsyD ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 3 INVITATION TO BID ITB-24-159 YOUNGFIELD SCOUR REPAIR CITY OF WHEAT RIDGE Bid Due Date: Tuesday, September 25, 2024 by 2:00 pm local time, via BidNetdirect.com Scope of Work: Provide all labor, equipment and materials to repair the scour that has occurred at the base of the piers for the Youngfield Bridge over Clear Creek. Approximate quantities include: 400 CY of excavation, 50 CY of Class A filter material, and 542 CY of 18” riprap. Cost Range is $100,000 to $150,000. Anticipated start date is December 2, 2024. Completion time is approximately 42 working days. Pre-bid Meeting: An mandatory virtual pre-bid meeting will be held for this project via MS Teams. Deadline for Questions: September 16, 2024 at 2pm Contractor Qualification: Bidder must complete and submit the Contractor Qualification Form provided with the bid document. Failure to complete this form and submit with bid may result in the disqualification of the contractor. The City’s acceptance of this bid shall be based on information provided by the contractor in this form. Bid amount and qualifications are evaluated after bid opening to determine the successful bidder. The City does not pre-qualify contractors. Disadvantaged Businesses: Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Labor Compliance: Contractors shall comply with the amended provisions of CRS 8-17.5-101 and requirements of the Keep Jobs in Colorado Act, H.B. 13-1292 and CRS 8-17-101 et seq., regarding employment of illegal aliens and Colorado laborers to perform on public contracts. Bid Bond: A 5% bid bond is required to be submitted with the bid. Payment and performance bonds for 100% of the contract price and insurance will be required for the successful bidder. Submit Electronic Bids to: bids@ci.wheatridge.co.us Mark Electronic Submittal: Company Name, ITB-YR-XX Comments: All bids will be validated. No bids will be accepted after the bid due time. The City of Wheat Ridge reserves the right to reject any and all bids or any part and to waive any formalities or informalities to make an award in the best interest of the City. Bid Documents: Available on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.rockymountainbidsystem.com (800-835-4603 option #2) and the City website at www.ci.wheatridge.co.us. Visit BidNet for bid tab sheets and project updates. Point of Contact: Whitney Mugford-Smith, Procurement and Contracts Manager, wmsmith@ci.wheatridge.co.us Do not contact the requesting department. Publish Dates: September 3, 2024 Whitney Mugford-Smith, Procurement Manager ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 4 INFORMATION FOR BIDDERS 1.0 BID SUBMISSION REQUIREMENTS 1.1 Electronic Bids for ITB-24159, will be received by the City of Wheat Ridge, Office of Procurement and Contracts via bidnetdirect.com, as stated in the Advertisement. Point of Contact: Whitney Mugford-Smith, by email wmsmith@ci.wheatridge.co.us Questions about this bid should be posed on the BidNet Direct Platform. 1.2 Bid Documents are available on the Rocky Mountain E-Purchasing System (a division of BidNet) at www.bidnetdirect.com (800-835-4603 option #2) and the City website at www.ci.wheatridge.co.us. The City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents. The City in making copies of the bidding documents available on the terms in this Project Manual does so only for the purpose of obtaining bids on the Work and does not confer a license of grant for use. 1.3 Electronic Project Document/Proposal must be submitted and signed, either digitally or in ink and scanned. All blank spaces for prices must be filled in and the Proposal Form must be fully completed and executed when submitted. In the case of discrepancies, the unit price shall govern the extension and subsequent total. No alteration in bid prices by erasures, deletions or strike-outs, will be acceptable unless each alteration is signed or initialed by the Bidder. A conditional or qualified Bid will not be accepted. The Project Documents contain an affidavit certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This form must be signed and submitted with the Bid. Names of all subcontractors and the amounts of their subcontract work shall be provided on the List of Subcontractors, as provided in this bid. If none, state “none”. 1.4 Not used 1.5 Each Bid must be accompanied by a digital Bid Bond payable to the City for five percent (5%) of the total amount of the Bid. Securities may not be substituted for Bid Bonds. Attorneys-in-Fact who sign Bid Bonds must file with each Bond a certified and effective dated copy of their Power of Attorney. Surety companies executing bid and performance bonds must appear on the Treasury Departments most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. 1.6 A bidder may withdraw or revise a proposal after it has been deposited with the City. Withdrawal of bids may be made either in writing or in person; however, any bid withdrawn for purpose of revision must be re- deposited with the City before the time set for opening of bids. Bids may not be withdrawn after the time set for opening of bids. 1.7 The City assumes no responsibility for late deliveries of e-mail. Only electronic bids received by the Purchasing & Contracting Division will be accepted. 1.8 Issuance of this Request for Bid does not commit The City of Wheat Ridge to award any contract or to procure or contract for any equipment, materials, or services. The City further reserves the right to waive informalities or irregularities, and the right to accept or reject any and all bids, including but not limited to, any bid which does not meet bonding requirements, or bids which do not furnish the quality, or offer the availability of materials, equipment or services as required by the specifications, description or scope of services, or bids from bidders who lack experience or financial responsibility, or bids which are not to form, or to award bids to the lowest and most responsive and responsible bidder, or to require new bids. No award will be made to any person, firm, or corporation that is in arrears upon any obligation to the City. 1.9 The City of Wheat Ridge is exempt from City, County, State and Federal Sales/Excise Taxes. Certificates will be issued upon request. 2.0 BID DOCUMENTS 2.1 The Contract Documents consist of the Contract Bid Documents including construction specifications, if any. The Contract Bid Documents contain the provisions required for the bidding and construction of the Project. The Owner shall provide to Bidders, prior to Bidding, all information that is pertinent to, and delineates and describes, the Work. This may occur on the plans or on a separate document. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 5 2.2 Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents, including Addenda. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to his Bid. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of Work or of nature of the Work to be done or any materials specified for the Work. 2.3 If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that the Contract Documents are not definite and clear, the Bidder may make written inquiry regarding same to the Procurement Contact at least five (5) working days or a designated date set by the Procurement Contact, before the scheduled closing time for filing Bids. Then, if in the judgment of the Procurement Manager, additional, information or interpretation is necessary, such information will be supplied in the form of an Addendum, and will be delivered to all individuals, firms and corporations who have received the Contract Documents. Such Addendum shall have the same binding effect as though contained in the main body of the Contract Documents. Oral instructions or information concerning the contract documents or the project given out by officers, employees, or agents of the owner to prospective bidders shall not bind the owner. If no request is made in the five working days or the designated time, Bidder waives right to any conflict in the Contract Documents. 2.4 All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout. Further, the Bidder agrees to abide by the following federal requirements: Executive Order No. 11246 as amended, including specifically the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 1986 and the Americans with Disabilities Act of 1991. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge, and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. Disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations subject to the Regulations. The United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21 and assurances. 2.5 Bidder must complete and submit the Contractor Qualification Form provided with the bid document. Failure to complete this form and submit with bid may result in the disqualification of the contractor. The City’s acceptance of this bid shall be based on information provided by the contractor in this form. Bid amount and qualification shall be evaluated after bid opening to determine the successful bidder. The City does not pre- qualify contractors. 3.0 CONTRACT AWARD 3.1 The Owner may make such investigations as deemed necessary to determine the ability of the Bidder and Subcontractors to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid Subcontractor if the evidence submitted, or investigation fails to satisfy the Owner that such Bidder or any Subcontractor is properly qualified to carry out the obligations of the Agreement. If the owner rejects any Subcontractor as unqualified, the Bidder may substitute another Subcontractor for approval by the Owner but no change to the Bid Price will be allowed. 3.2 The Award of Contract, is anticipated, within 60 calendar days after the opening of bids to the lowest most responsive, responsible qualified bidder whose bid complies with all the requirements of this request for bids. Evaluation and award will only include the alternate if the base bid and the alternate price combined are within the advertised cost range. If more than one alternate, the order or the selection of the alternates for award is at the discretion of the City. Award is in the best interest of the City. 3.3 The successful bidder shall be notified of the recommendation for award and to provide signed agreements, insurance, and bonds. A Performance Bond and Payment Bond, each in the amount of 100 percent (100%) of the Contract Price, with a corporate surety approved by the Owner, will be required for the faithful performance of the Contract. Securities may not be substituted for Payment or Performance Bonds. Attorneys-in-Fact who sign Payment and Performance Bonds must file with each Bond a certified and effective dated copy of their Power of Attorney. 3.4 The successful bidder shall return copies of the executed Agreement and acceptable Performance and Payment Bonds by a designated date. In case the Bidder fails to comply by the designated date or if the Bidder fails to provide acceptable bonds, the Owner may, at its option, consider the Bidder in default, in which case the Bid Bond accompanying the Proposal (Bid) shall become the property of the Owner. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 6 3.5 The Owner, within 10 working days of receipt of the requirement stated in 3.3 above, shall execute the Agreement and issue the Notice to Proceed at a pre-construction meeting with the Contractor. If the Owner cannot issue the Notice to Proceed within such time period, the time period will be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the 10 working day period or within the period mutually agreed upon, the Contractor may terminate the Agreement, by Written Notice, without further liability on the part of either party. 3.6 Upon receiving notice of award, the Contractor may obtain from the City three sets of documents at no cost. Additional sets of drawings and specifications may be purchased on a cash sale basis from the City. The Contractor and the Owner will agree on the date that Work will commence which shall be within 10 working days of the date of the Notice to Proceed, unless a time extension is approved by the Owner. 3.7 Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. 3.8 Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City Council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 3.9 To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 7 any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 8 CITY OF WHEAT RIDGE GENERAL PROVISIONS 1. DEFINITIONS: "City" (also sometimes referred to as "Owner") means the City of Wheat Ridge, Colorado. The City is represented by employees who will assume Project administration, oversight, and inspection responsibilities as further defined in the Contract, the General and Special provisions, and the current edition of CDOT Standard Specifications for Road and Bridge Construction. At the time of the preconstruction meeting, or when requested by the Contractor, the City shall provide an official list of City representatives and their titles as applies to the Project. "Contractor" means the person, partnership, firm or corporation responsible for the physical accomplishment of the project. "Subcontractor" means only those having a direct contract with the Contractor and includes one who furnished materials worked to a special design according to the plans or specifications for the work under the Contract, but does not include one who merely furnishes material not so worked. "Notice" means written demand, instruction or order duly served. Written notice shall be deemed to have been duly served if delivered in person to the Contractor, or if delivered in person or sent by registered mail to the address given in the Contract and shall have been duly served upon the City if delivered to the City Clerk of the City of Wheat Ridge, Municipal Building, Wheat Ridge, Colorado, either in person or by registered mail. "Work" means performance of the Contractor or Subcontractor including labor and materials and all services incidental thereto. "Cost" means all charges and expenditures of every kind applicable to the accomplishment of the work. "Final Completion" means when all items are one hundred percent (100%) complete and when all known defective work has been corrected as certified by the City Representative. "Substantial Completion Date" is the date on which the City Representative certifies the readiness of the work for beneficial occupancy or use, and is the date for terminating liability for liquidated damages and for determining incentive payments due for early completion. 2. MATERIALS, SERVICES, AND FACILITIES: The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish and pay for all labor, superintendence, material, utilities, machinery, equipment, tools, transportation, facilities, temporary construction of every nature and all other services and facilities of every nature, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work, within the time stated, in accordance with the plans, drawings and specifications covered by the Contract, and any and all supplemental plans, drawings and specifications. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. It will be the responsibility of the Contractor to locate/negotiate a staging area. The City will not provide a staging area on City owned property. Any work necessary to be performed after regular working hours, on Saturdays, Sundays, or Legal Holidays, shall be performed without additional expense to the City. 3. CONTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 4. OBSERVATION AND TESTING: All work performed and all workmanship, equipment and materials used in the construction shall be subject to Observation, examination and test, at any and all times during construction. 5. WEATHER CONDITIONS: In the event of temporary suspension of work, or during inclement weather or whenever the City shall direct, the Contractor will, and will cause his Subcontractors to, protect carefully his and their work and materials against damage or injury from weather. If, in the opinion of the City, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors to so protect his work, such materials shall be removed and replaced at the expense of the Contractor. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 9 6. EMERGENCY - PROTECTION OF LIFE AND PROPERTY: In case of an emergency which threatens loss of injury or property, and/or safety of life, the Contractor is hereby permitted to act at his own discretion and in a diligent manner without prior instructions from the City to prevent the threatened loss or injury. He shall notify the City immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted in writing to the City for approval. The amount of any reimbursement claimed by the Contractor shall be determined in the manner provided in Article 9 of this Contract. 7. REPORTS, RECORDS, AND DATA: The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as may be requested concerning work performed or to be performed under this Contract. 8. SUPERINTENDENCE BY CONTRACTOR: At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such Representative shall be acceptable to the City and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. All directions given to such Representative in the Contractor's absence shall be as binding as if given to the Contractor. 9. CHANGES IN THE WORK: The City may, at any time, by written order and without notice to the sureties, require the performance of extra work or make changes by altering, adding to, or deducting from the work. The amount of compensation to be paid to the Contractor shall be adjusted accordingly without invalidating the Contract and in accordance with whichever of the following plans the City elects: (1) a price agreed upon, (2) a price based on unit prices of the Contract; or (3) a price determined by adding fifteen percent (15%) to the reasonable cost of the extra work, addition, alteration, or deduction; provided however, that no additions to the Contract Price shall be agreed upon by, or shall be binding upon the City if the effect of said price increase is to increase the Contract amount beyond the amount of money appropriated by the City Council, as specified in Section 2-3 of the Code of Laws of the City of Wheat Ridge. In giving instructions, the City may authorize minor changes in the work, not involving extra cost and not inconsistent with the purpose of the project. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written approved Change Order or RFI response by the City. 10. TIME EXTENSIONS: The Contractor shall, within seven (7) days from the beginning of any delay, notify the City, in writing, of the causes thereof and the City shall ascertain the facts, the extent of the delay and notify the Contractor of the decision in the matter. The completion time shall be extended when delay in completion of the work by the Contractor is due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of God or the public enemy, acts or neglect of the City, acts of neglect of any other contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes. The time of completion of his work shall be extended by such time as shall be fixed by the City. No such extension of time shall be deemed a waiver by the City of its right to terminate the Contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The City's liability for delay shall be limited pursuant to the provisions of Section 2-4 of the Code of Laws of the City of Wheat Ridge and shall be limited to granting a time extension to the Contractor. 11. DEFECTIVE WORK: The observation of the work by the City shall not relieve the Contractor of any of his obligations to fulfill his Contract as herein prescribed, and defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such work and material have been previously overlooked by City representative(s) and accepted or estimated for payment or paid for. If the work or any part thereof shall be found defective or at any time before the final acceptance of the whole work, or the final payment therefore, the Contractor shall forthwith make good such defect in a manner satisfactory to the City and if any material brought upon the ground for use in the work, or selected for the same, shall be condemned by the City as unsuitable, the Contractor shall forthwith remove such materials from the vicinity of the work and shall replace, at his own expense, damaged or unsuitable materials with the new materials of satisfactory quality. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 10 Neither the foregoing nor any provision of these Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects to less than the legal limit of liability in accordance with the law of the place of the construction. The Contractor shall pay the City all expenses, losses, and damages as determined by the City incurred in consequence of any defect, omission, or mistake of the Contractor or his employees or the making good thereof. 12. UNEXPECTED UNDERGROUND STRUCTURES; CHANGE OF CONDITIONS: Should the Contractor encounter underground structures at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the City of such conditions before they are disturbed. The City will thereupon promptly investigate the conditions, and if it is determined that they materially differ from those shown on the Plans, may authorize changes to be made to the Plan and/or Specifications as may be necessary. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated position as shown on the plans and that additional compensation will not be allowed except for any unreasonable delays, or damage sustained by him due to any interference from the said utility appurtenances. Unreasonable delays shall constitute delays caused by a complete shutdown of all operations. It is understood that utilities are not owned, operated or controlled or subject to control by the City of Wheat Ridge. Relocations of facilities owned by said utilities are not a matter over which the City has control. The Contractor shall adjust his schedule in anticipation of such delays so that work in other areas may be completed away from the area of utility conflict. The locations of all utilities shown on the Project plans should be considered approximate. It is therefore the responsibility of the Contractor to notify the appropriate utility and obtain more precise locations. No compensation will be made to the Contractor for any damage, delay or additional cost incurred as a result of failure to obtain utility locations. Information on the Plans in the Contract Documents referring to the existence of utilities or other underground structures is not guaranteed to be correct or to be a complete representation of all existing data. Every effort has been made, however, to make this information complete and accurate on the basis of all data and information which could be procured by the City. The Contractor shall make his own examination and shall draw his own conclusions as to the underground facilities which will be encountered, and he shall have no claim for damages of any kind on account of any errors, inaccuracies or omission that may be found. There shall be no adjustment in Contract Price based on changed site conditions. The Contractor is required hereby to make an on-site inspection and investigation, which includes determination of location of utilities and said and other natural conditions. Representations regarding site and soil conditions and utility locations are based on the best information available to the Owner and final determination as to both site and soil conditions and utility locations is left to the Contractor, without recourse to the City. The City shall allow reasonable and necessary access to the site to Contractor and his representatives to make such determination and site review. 13. CLAIMS FOR EXTRA COSTS: No claim for extra work or cost shall be allowed unless the same was done in pursuance of written order of the City, as provided for in Article 9, and the claim was presented prior to the issuance of the final payment. When work is performed under the "reasonable cost" method as outlined in Article 9 of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost, and when requested by the City, give the City access to accounts relating thereto. NO adjustments will be allowed for fuel cost of asphalt cement. 14. RIGHT OF CITY TO TERMINATE CONTRACT: If (1) the Contractor or any of his Subcontractors shall be adjudged bankrupt or (2) if he shall make a general assignment for the benefit of his creditors or (3) if a receiver shall be appointed of his property, or (4) if the work to be done under this Contract shall be abandoned, or (5) if this Contract or any part hereof shall be sublet, without the previous written consent of the City, or (6) if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or (7) at any time the City shall certify in writing that the rate of progress of the work or any part thereof is unsatisfactory or (8) that the work or any part thereof is unnecessarily or unreasonably delayed, or (9) that the Contractor, his subcontractors, agents or employees have violated any of the provisions of this Contract, or of the plans and specifications, or construction schedule, the City shall notify Contractor and the Surety, and shall be entitled immediately to terminate the Contract. The Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and prosecute the ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 11 same to completion by contract or by force account for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the City for any excess cost occasioned the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials, machinery, appliances and plant as may be on the site of the work and necessary therefore. The Contractor, by signing this Contract, gives to the City in the event of default, right to use such aforesaid articles to the full extent which they could be used by the Contractor. The City shall not be liable to the Contractor for trespass or conversion. All expenses charged under this article shall be deducted and paid for by the City out of money then due to become due the Contractor under this Contract or any part thereof, and in such account the City shall not be held to obtain the lowest figures for the work of completing the Contract or any part thereof or for insuring its proper completion, but all sums actually paid hereafter shall be charged to the Contractor and his Surety. In case the expenses so charged are less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, the City shall be entitled to retain the difference and in case such expenses shall exceed the said sum, the Contractor and his Surety shall pay the amount of the excess to the City upon completion of the work without further demand being made therefore. 15. CONSTRUCTION SCHEDULE: Before any work is begun, the Contractor shall provide to the City a written schedule detailing the order and manner of doing the work. Before the first partial payment is made, the Contractor shall deliver to the City an estimated construction progress schedule in form satisfactory to the City, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract. The Contractor shall provide an updated schedule every 30 days. 16. PAYMENTS TO THE CONTRACTOR: During the course of construction, the Contractor shall request payment of work actually performed during the preceding month. The City will once each month make a progress payment to the Contractor on the basis of an evaluation of the claim by the City as to amount of work done and that the City has received full value thereof. In accordance with House Bill 11-1115, the City shall retain five percent (5%) of the value of the completed work. Retainage shall be held until final completion and acceptance of all work, as part security for the fulfillment of the Contract by the Contractor. The amount of the progress payments shall be the balance not retained as aforesaid, after deducting all previous payments and all other sums to be kept or retained under the provisions of this Contract. The Contractor shall have no right to either terminate the Contract or to claim damages if he considers partial payments inadequate. 17. CERTIFICATE OF COMPLETION: Upon completion of all work whatsoever required including completion of all known defective work, the City shall file a written certificate with the Contractor as to the entire amount of work performed and compensation earned by the Contractor including Extra Work and compensation therefore, and including the date of completion. 18. FINAL PAYMENT: After the filing of the Certificate of Completion, the City shall pay to the Contractor in accordance with applicable Colorado laws (Article 38, Chapter 26, Section 101 Et. Seq. Colorado Revised Statutes) and C.R.S. 38-26-107 (2012), upon authorization of funds disbursement by the City Council the amount therein stated, less all prior payments and advances whatsoever, to or for the Account of the Contractor. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment. 19. PAYMENT WITHHELD: The City, as a result of subsequent discovered evidence, may withhold or nullify the whole or a part of any payment to such extent as may be necessary to protect the City from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claim. (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, or to comply with laws relative thereto. (d) A reasonable doubt that the Contract can be completed for the balance then unpaid. (e) Damage to another Contractor. (f) Damage to the real or personal property of another and failure to repair or replace the same. When the grounds for withholding payment have been corrected to the satisfaction of the City, the City shall proceed to process any amounts due. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 12 20. FINAL PAYMENT TO TERMINATE LIABILITY OF CITY: The acceptance by the Contractor of the last payment made as aforesaid under the provisions of Article 19 shall operate as and shall be a release to the City, its officers, or agents from all claims and liability to the Contractor, his vendors, laborers or Subcontractors for anything done or furnished for, relating to, or for any act or neglect of the City or of any persons relating to, or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Article 17, 19 and 20 of these. Said acceptance shall also operate as a general release of the City by the Contractor. 21. EFFECT OF CERTIFICATION AND PAYMENT: Neither the certification nor payment made to the Contractor, not partial or entire use or occupancy of the work by the City shall be an acceptance of any work or materials not in accordance with the Contract. The making and acceptance of the final payment shall constitute a bar of all claims by the Contractor, except those previously made in writing and still unsettled. 22. GENERAL WARRANTY:. The Contractor shall guarantee the work against defective materials or workmanship for a period of one (1) year from the final completion date. Upon discovery of any defects including any damage to other work resulting, repair and replacement that is required, in the opinion of the City, shall be done immediately by the Contractor at the Contractor's expense. Should the Contractor fail to repair such defective material and/or workmanship, or to make replacement within five (5) days after written notice by the City, it is agreed that the City shall make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor. 23. INSURANCE: The Contractor shall maintain general liability and property damage insurance (the “Liability Policy”) to protect the Contractor and the City from any and all claims for damages including but not limited to claims for property damage and bodily injury, including death, which may arise from operations under this Contract, including the operations of subcontractors. The Liability Policy shall state that it is the primary insurance for such claims and shall not contain any “excess” or “other insurance” clauses which limit its application as the primary coverage for those claims. The Contractor shall be individually liable for any and all defects in the Liability Policy. The Liability Policy shall not be terminated or cancelled prior to the completion of this Contract without at least 45 days prior written notice to the City. For bodily injury $500,000 each person/ $500,000 each accident/ $500,000 each disease For property damage $1,000,000 for each occurrence For automobile liability $1,000,000 combined single limit In lieu of the foregoing, a single limit public liability policy for personal injury, property and/or vehicle damage will be accepted in the amount of $2,000,000.00. Such insurance shall be without prejudice to coverage otherwise existing, and shall name as additional insured, the City of Wheat Ridge, its officers and employees.. Notwithstanding the naming of additional insured, the said policy shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. A certificate evidencing such insurance, together with the proper endorsement, shall be filed, subject to approval as to the adequacy of protection. Fire and Standard Extended Coverage Insurance -- The Contractor shall insure the work for 100 percent (100%) of the replacement value thereof for the life of the Contract against all loss or damage covered by the Standard Extended Coverage Insurance endorsement, including theft, vandalism, and malicious mischief, with an insurance company or companies acceptable to the City. The amount of the insurance may vary with the extent of the work completed but shall at all times be at least equal to the replaceable value of the amount paid for the work and materials installed and delivered plus the replaceable value of the work or materials furnished or delivered, but not yet paid for by the City. The insurance policy or policies shall be held jointly in the name of the City and Contractor as their respective interest may appear. The issue, if any, shall be made adjustable with and payable to the City as a trustee for whom it may concern. Any payments made under such policy shall insure to the benefit of the City to the extent of balance for replacement of the loss suffered. The policy of insurance shall provide that it shall not be terminated or be canceled prior to the completion of this Contract. The Contractor shall be responsible for all damage to the work under construction, whether from fire, water, high winds or other cause during construction and until final completion and acceptance, even though partial payments or progress payments have been made under the Contract. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 13 Workers' Compensation Insurance -- The Contractor shall provide workers' compensation insurance coverage for all persons employed on the work to be done under the Contract and assure that all workers will receive the compensation for compensable injuries. Certificates of Insurance shall be attached to the executed Contract Documents and shall become a part of the Contract. These Certificates shall include a provision that thirty (30) days prior to insurance cancellation, written notice shall be given to the City of Wheat Ridge. Indemnification of City -- Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission in the completion and execution of the project specified herein, which indemnification shall extend to and include any damage of whatever sort or description, suffered by any person or entity, and shall include compensatory, punitive or special damages; and Contractor agrees to defend City hereunder, at Contractor's sole expense and if he fails to do so, to thereafter indemnify City, in addition to the above indemnification, for all court costs and attorney fees incurred in any defense required to be undertaken by the City. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the Colorado Governmental Immunity Act (Colo. Rev. Stat. 24-10-101). 24. RESPONSIBILITY FOR WORK; PRIORITY OF DOCUMENTS: a) Debts and claims: The Contractor shall pay all debts for labor and materials contracted for by him on account of the work herein contemplated. The Contractor shall assume the defense of, and indemnify and save harmless, the City and its officers and agents, from all claims relating to labor and materials furnished for the work; to infringement or alleged infringement of invention patents and patent rights used in, or in connection with the work or however originating from any of the work under this Contractor from conditions created thereby; to injuries to any persons or corporation caused by the acts or negligence of the Contractor or any of his agents or employees, or of any Subcontractor or any agents or employees of any Subcontractors, in doing the work or in consequence of any improper materials, implements or labor used therein; and shall fully reimburse and repay to the City all outlay and expense which the City may incur by reason of his failure to do so. The Contractor shall satisfy all suits and claims against the City arising from the violation of any law, ordinance, regulation, order, or decree on the part of the Contractor or any of his agents or employees, or any Subcontractor, or agent or employees of any Subcontractor; shall fully indemnify and save harmless the City against and from all cost, loss, and damage which the City may suffer by reason of his failure to do so; and shall fully reimburse and repay to the City all outlay and expense which the City may incur in making good any such default. The Contractor shall fully complete the work required to be done under this Contract, free from all liens and claims of any kind whatsoever. b) Plans and Specifications: It shall be the duty of the Contractor to carefully study and compare all drawings, specifications and instructions, visit the project site and acquaint himself with all conditions, and call to the attention of the City any discrepancy, error, omission or inconsistency that may exist in the plans or specifications, or between the plans and specifications, or any conflict between existing conditions and requirements of the plans and specifications. The execution or work in accordance with the plans, specifications or other instructions will be considered as evidence that the Contractor is thoroughly familiar with the true intent of the plans, specifications or other instructions. Change orders will not be issued to cover any cost, loss, or expense for additional labor or material required to rectify any discrepancies discovered or reported to the City after the execution of the work, unless the discrepancies are errors in structural, mechanical or electrical design as determined by the City. c) Priority of Documents: In case of discrepancy or inconsistency in the terms or conditions of any documents, the Contract Documents shall have the following order of priority, in accordance with Subsection 105.09, such that a statement appearing in the document with the higher priority shall control any inconsistent statement in a document of lower priority. (The following are listed from the highest priority to the lowest priority): 1. The Agreement 2. Special Provisions 3. Drawings and any notes appearing on the drawings 4. Current edition of CDOT Standard Specifications for Road and Bridge Construction and all supplements thereto (English Version). 5. General Provisions of the Contract for construction. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 14 25. CARE AND PROTECTION OF PROPERTY: The Contractor expressly undertakes expense: To assume full responsibility for the preservation of all public and private property, and use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property or on account of any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at their expense, to a condition similar or equal to that existing before the damage was done, or the Contractor shall make good the damage in another manner acceptable to the City. No representations are made by or on behalf of the City concerning the conditions, locations or state of repair or existing sewers, drains, water mains and other underground structures; To store any apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of any work by themselves or any other Contractor; To provide suitable storage facilities for all materials which are liable to injury or exposure to weather, theft, breakage, or otherwise; To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; To fully and completely remove all utility markings generated by or as a result of the project from public rights-of-way utilizing a method that is least destructive to the existing improvements, and which method has been approved by the City. Should the contractor propose to remove the markings with pressure washing, all pressure washing runoff and residue shall be contained and collected in accordance with Best Management Practices and Wheat Ridge Ordinance Chapter 20, Stormwater Quality and Control. Removal of all markings shall occur no later than twenty (20) days after completion of work. To remove all surplus material, false-work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment; To affect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the City, not to cut or otherwise alter the work of any other Contractor. The Contractor shall not, except after written consent from proper parties enter or occupy with individuals, tools, materials or equipment, any privately owned land except on easements provided herein. 26. LANDS FOR WORK AND RIGHT-OF-WAY: The City will provide land, right-of-way and easements for all work specified in the Contract. 27. NO DAMAGES FOR CERTAIN DELAYS: The City may delay the commencement of the work, or any part thereof, if the City shall deem it for the best interest of the City to do so. The Contractor shall have no claim for damages on account of such delay, but he shall be entitled to so much additional time in which to complete the whole or any portion of the work required under this Contract as the City shall certify in writing to be just. The Contractor shall have no claim for damages on account of any delay on the part of another Contractor. Contractor expressly acknowledges and accepts the provisions of Section 2-4 of the Code of Laws of the City of Wheat Ridge as controlling this Project. 28. REQUIRED PROVISIONS DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the applications of either party, the Contract shall forthwith be physically amended to make such insertion. 29. PROTECTION OF LIVES AND HEALTH: The Contractor shall take all necessary precautions for the safety of employees of the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by the construction such as protruding nails, hod hoists, well holes, elevator hatchways, scaffolding, window openings, stairways, and failing materials. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 15 The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-19-54). 30. WAGE RATES: The attention of the bidder is called to the requirements and provisions of all applicable laws and any amendments thereof or additions thereto as to the employment of labor, and to the schedule of any minimum wage rates established in compliance with such laws. If, after the award of the Contract, it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rate as shall be determined by the officials administering the laws mentioned above. The Contract is subject to the applicable provisions of the Contract Work Hours Standards Act. Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in any work week unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week, as the case may be. 31. EMPLOYMENT OF LABOR: The Contractor and each Subcontractor shall hire qualified workers for the project who are citizens of the United States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein. The Contractor shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Contractor shall discharge any person who commits trespass or is, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory. 32. SANITARY PRECAUTIONS: Sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided in sufficient numbers in such manner and at such points as shall be approved. The contents shall be removed and disposed of in a satisfactory manner as the occasion requires. The Contractor shall rigorously prohibit the committal of nuisances within, on, or about the work. Any employees found violating these provisions shall be discharged and not again employed on the work without the written consent of the City Representative. The Contractor shall supply sufficient drinking water from approved sources to all employees. The sanitary convenience specified above shall be the obligation and responsibility of the General Contractor until the completion of the work. The facilities shall be made available to all other Contractors and Subcontractors. 33. SALES AND USE TAXES: Do not include sales or use taxes in your bid. House Bill 1451 provides that Contractors shall make application with the Colorado State Department of Revenue for a tax exempt number which will be issued for the duration of the project. This tax exempt number is for State taxes only. The City of Wheat Ridge will issue its own tax exempt number for local sales tax purposes. An affidavit must be signed by the General Contractor for such project before the City tax exempt number can be issued. Please be advised that a supplier is allowed by Colorado law (C.R.S. 39-26-703 (1) to disallow any exemption because the seller is ultimately responsible for the tax. When a supplier exercises this right, please seek a refund of sales taxes paid from the appropriate jurisdiction (city or state). 35. BUSINESS LICENSE: A business license is required for all Contractors performing work in the City prior to beginning work. Please contact the City Sales Tax Division to obtain a license. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 16 CITY OF WHEAT RIDGE ITB-24-159 YOUNGFIELD SCOUR REPAIR PROJECT SAMPLE AGREEMENT THIS AGREEMENT, made this day of 2024 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and , doing business as an individual, whose business address is , hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to complete the construction of the Project titled, ITB-24-159, YOUNGFIELD SCOUR REPAIR, in accordance with the Contract Bid Documents. 2. The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of Dollars ($ ) which includes any alternates. 3. The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 42 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4. The term "CONTRACT BID DOCUMENTS" means and includes the following: A. Advertisement for Bid B. Information for Bidders C. General Provisions D. Bidder Acknowledgement Form E. Contractor Qualification Form F. List of Subcontractors and Amount G. Non-Discrimination Assurance Form H. Non-Collusion Affidavit I. Keep Jobs in Colorado Form J. Proposal Form K. Pricing Schedule L. Bid Bond Form M. Agreement N. Payment Bond O. Performance Bond P. Notice to Proceed Q. Final Receipt R. Project Specifications S. Addenda T. Drawings/Exhibits 5. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6. Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 17 amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City Council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City Council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: City Contact: Contractor Contact: Name: Name: Address: Address: E-mail: Fax: Phone: Phone: Fax: Fax: 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Workers Without Authorization – Public Contracts for Services. CRS 8-17.5-101 amended to CRS 8-17.5-102 and Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th Congress, as amended: The Contactor certifies that he/she shall comply with the provisions of CRS 8-17.5-101et seq. The Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this contract ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 18 or enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any workers without authorization, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. 12. To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 13. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE MARGY GREER, SENIOR DEPUTY CITY CLERK WHEAT RIDGE, C0 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) APPROVED AS TO FORM: CONTRACTOR GERALD DAHL, CITY ATTORNEY COMPANY NAME ADDRESS ATTEST TO CONTRACTOR: AUTHORIZED SIGNATURE PRINT NAME NAME TITLE TITLE DATE DATE ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 19 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-159, YOUNGFIELD SCOUR REPAIR. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 20 IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-24-159, YOUNGFIELD SCOUR REPAIR NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 22 IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2024 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 23 NOTICE TO PROCEED TO: FROM: CITY OF WHEAT RIDGE, CO RE: ITB-24-159, YOUNGFIELD SCOUR REPAIR You are hereby notified to commence Work in accordance with the Agreement dated , 2024, on or before , 2024, and you are to complete the work within 42 working days. The date of completion of all work is , 2024. Dated this day of 2024. By: Title: Engineering Manager * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RECEIPT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this of , 2024. Printed Name Signature Title ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 24 FINAL RECEIPT DATE: TO: (Contractor) (Address) FROM: CITY OF WHEAT RIDGE, CO RE: ITB-24-159, YOUNGFIELD SCOUR REPAIR Received this date, of the Owner, as full and final payment of the cost of the improvements provided for in the Project Contract Documents, the amount of $ in cash, being the remainder of the full amount accruing to the undersigned by virtue of said contract. Said cash also covers and includes full payment for the cost of all extra work and material furnished by the undersigned in the construction of said improvements, and all incidentals thereto. The undersigned hereby releases said Owner from all claims whatsoever which may develop from said contract. These presents are to certify that all persons doing work upon or furnishing materials for said improvements under the foregoing contract have been paid in full. Printed Name Signature Title Date ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 25 Revised 07/2024 CDOT STANDARD SPECIFICATIONS All work required for the project shall be in accordance with the latest edition of the COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), Standard Specifications for Road and Bridge Construction, 2023 Edition, unless modified by these Specifications. STANDARD SPECIAL PROVISIONS The CDOT Standard Specifications are modified with the following CDOT Standard Special Provisions. January 8, 2024 Revision Of Sections 101 - Definitions 106 - Control of Materials Revise Section 101 of the Standard Specifications as follows: Delete and replace the following definitions in subsection 101.02: Subcontractor. An individual, firm, corporation, or other legal entity at any tier to whom the Contractor sublets part of the Contract. A subcontractor shall include an individual, firm, corporation, or other legal entity who meets one or both of the following criteria: (a) Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5.2 Site of Work (1)(i)(ii)(iii). (b) Performs work that is incorporated within the Project limits. Supplier: An individual, firm, or corporation who meets all of the following criteria: (a) Sells manufactured materials as a broker, distributor, dealer, manufacturer, or wholesaler who may or may not deliver the materials to the site of work. (b) The manufacturing of the materials, articles, supplies, or equipment used for the contract that is being supplied shall come from a facility or facilities that: (1) Is not located on, nor does itself constitute, the project or contract's primary construction site or secondary construction site as defined in 29 CFR 5.2; and (2) Either was established before opening of bids on the contract, or is not dedicated exclusively, or nearly so, to the performance of the contract. (c) The supplier’s only obligations for activity on the contract is the delivery of materials, articles, supplies, or equipment, which may include pickup of the same in addition to, but not exclusive of, delivery, and which may also include activities incidental to such delivery and pickup, such as loading, unloading, or waiting for materials to be loaded or unloaded; and (d) If an entity, in addition to being engaged in the activities specified in paragraph (c) of this definition, also engages in other construction, prosecution, completion, or repair on the site of the work, then this entity is not a supplier but a contractor. Revise Section 106 of the Standard Specifications as follows: Delete and replace subsection 106.01 with the following: 106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality requirements of the Contract. The Contractor shall comply with the requirements of the special ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 26 notice to contractors contained in the Department’s Field Materials Manual, including notifying the Engineer of the proposed sources of materials at least two weeks before delivery. When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre-construction Conference the material that will be furnished for that item. Reference in the Contract to a particular product or to the product of a specific manufacturer, followed by the phrase “or approved equal”, is intended only to establish a standard of quality, durability, and design, and shall not be construed as limiting competition. Products of other manufacturers will be acceptable provided such products are equal to that specified. All rental equipment companies and all entities who meet the Supplier definition, as outlined in 101.02, in which the written agreement exceeds $10,000, shall have the following requirements for the Contract: (a) Rental equipment companies and Suppliers shall create an account in the B2GNow software system. (b) The Contractor shall submit a completed Form 1425 in the B2GNow software system at such time that the $10,000 amount is known to be exceeded and/or before the following occurs on the Contract: • the Supplier’s upper tier begins work, or • rental equipment is being used, or • incorporating materials into the Contract Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. January 8, 2024 Revision of Sections 101 and 106 Buy America And Build America, Buy America Requirements No Federal Aid Sections 101 and 106 of the Standard Specifications shall be revised as follows: Add the following to Subsection 101.02: Build America, Buy America (BABA) Requirements: Division G, title IX, subtitle A, parts I-II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) and 2 CFR Parts 184 and 200. The “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, requires that all construction materials and manufactured products incorporated into the project are produced in the United States. Buy America (BA) Requirements: FHWA Buy America statutory provisions are in 23 U.S.C.313 and the regulatory provisions are in 23 CFR 635.410, which requires that all of the steel and iron incorporated into the project is produced in the United States. For other policy and guidance links, see the FHWA Construction Program Guide. Buy America Preferences for Infrastructure Projects: Requirements for federal-aid funded highway projects as outlined and encompassed in 2 CFR Part 184. Component: An article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: (i) a manufactured product; or, where applicable, (ii) an iron or steel product. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 27 Construction Material: Includes an article, material, or supply that consist of only one of the following items listed means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2). To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. (1) The listed items are: i. Non-ferrous metals; ii. Plastic and polymer-based products (including polyvinylchloride [PVC], composite building materials, and polymers used in fiber optic cables); iii. Glass (including optic glass); iv. Fiber optic cable (including drop cable); v. Optical fiber; vi. Lumber; vii. Engineered wood; and viii. Drywall. (2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. Cost of Components for Manufactured Products: In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: (i) or components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (ii) or components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (i) of this section, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. Infrastructure Project: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. Iron or Steel Product: Articles, materials, or supplies that consists wholly or predominantly of iron or steel or a combination of both. Typical iron and steel products subject to Buy America preferences include, but is not limited to, structural and reinforcing steel incorporated into pavements, bridges, and buildings (such as maintenance facilities); steel rail; and other equipment. Manufactured Product: (1) Articles, materials, or supplies that have been: i. Processed into a specific form and shape; or ii. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 28 (2) If an item is classified as an iron or steel product, a construction material, or a section 70917(c) material under the definitions set forth in this section, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under paragraph (1) of this definition may include components that are construction materials, iron or steel products, or section 70917(c) materials. Manufacturer: The entity that performs the final manufacturing process that produces a manufactured product. Predominantly of iron or steel or a combination of both: Means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. Produced in the United States: (1) Steel or Iron Products: All manufacturing processes, from the initial melting/smelting stage through the application of coatings, occurred in the United States. (2) Manufactured Products: i. The product was manufactured in the United States; and ii. The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product. (3) Construction materials: All manufacturing processes for the construction material occurred in the United States per 106.11(f) of this specification. Section 70917(c) Materials: Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See section 70917(c) of the Build America, Buy America Act. Section 106 of the Standard Specifications is hereby revised as follows: Delete Section 106.11 of the Standard Specifications and replace with the following: 106.11 Buy America (BA) and Build America, Buy America (BABA) Requirements (a) Contractual Documents. This specification shall be used in conjunction with the applicable version of the Special Notice to Contractors Section of the CDOT Field Materials Manual (FMM), and the requirements therein, in effect at the time of bidding. The Special Notice to Contractors Section of the FMM, and the requirements therein, shall be considered a contractual document when this specification is included. (b) Glass Beads for Pavement Marking. All post-consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 29 October 1, 2023 Revision of Section 103 Colorado Resident Bid Preference Section 103 of the Standard Specifications is hereby revised for this project as follows: Subsection 103.01 shall include the following: (a) Colorado Resident Bid Preference. A resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. Resident bidder means: (1) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado, and which maintains its principal place of business in Colorado: or, (2) A person, partnership, corporation, or joint venture, which is authorized to transact business in Colorado, which maintains a place of business in Colorado, and which has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project. To determine the resident bid preference status of a bidder, the bidder shall submit a completed Form 604 with the proposal. Failure to submit the residency Form with the proposal will be justification for and may result in the rejection of the proposal and forfeiture of the proposal guaranty. The proposals will be treated as follows: (1) All proposals will be checked for accuracy by the Department. (2) The dollar amount of the checked proposal from nonresident bidders will be adjusted by a percentage equal to the percentage preference given or required by the state or foreign country of the bidder’s residency. If the state or foreign country does not give or require a residency preference, no adjustment in the proposal dollar amount will be made. (3) Adjusted proposals from nonresident bidders will then be compared to proposals from resident bidders, and the bidder with the lowest total will be considered the apparent low bidder. (4) Should a nonresident bidder be the apparent low bidder, in accordance with paragraph (3) above, an award will be made on the basis of the original proposal, not the adjusted proposal. (5) The Department will proceed with its normal award procedure. October 1, 2023 Revision of Section 105 Control Of Work Revise Section 105 of the Standard Specifications as follows: Revise Paragraphs 4, 5 and 6 of Subsection 105.20 as follows: If damage occurs to an existing structure through improper maintenance per 105.19, the Contractor shall submit a repair procedure to the Engineer to repair the defect(s). The repair categories and requirements are defined as follows: ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 30 a) “In-kind” repairs. In-kind repairs are repairs where the As-Built or Advertised plans are utilized to replace or repair damaged components with identical dimensions and materials used plans and where no plan modifications are made. In-kind repair procedures shall be reviewed and accepted by the Engineer before any repair. The use of approved repair grouts or doweled reinforcing with epoxy adhesive is permitted in in-kind repairs. Doweled reinforcing shall meet or exceed the strength requirements of the original design. b) “Modified repairs”. Modified repairs are those which deviate in dimensions and/or materials from the As-Built or Advertised plans or where plans are not available. Modified repair procedure submittals shall include calculations, independent design calculations, shop drawings, and/or working drawings per 105.02, and any other applicable section of the specifications for the needed repair. The Contractor’s Engineer shall electronically seal Modified repair submittals. Damage to new structures or modified structures, shall be repaired per the contract documents. The Engineer of Record shall be notified and review all corresponding submittals before any repairs. January 8, 2024 Revision Of Section 105 E-Signature Revise Section 105 of the Standard Specifications as follows: Add the following to Subsection 105.08: 105.08 Document Management and Professional Engineer and Professional Land Surveyor Electronic Seals. Where the specifications require the Contractor to submit or return documents either in writing or the format is not specified, an electronic file is preferred. The Contractor shall submit the schedule native file, video recordings, photographs, image files, and other media formats in their native file formats. When the document format is not specified, the contractor shall submit electronic documents in PDF. When a submittal requires multiple copies, one electronic document shall satisfy the requirement. Where a signature is needed, an electronic signature is acceptable. An original signature is a signature signed in ink. Where original signatures or original documents are required a scanned shall satisfy the requirement. The Department will issue Contract Modification Orders (Form 90) and Form 105s that authorize additional work for signature via AdobeSign. CDOT forms and records shall be signed with an electronic signature that includes the signer’s name, date, and time the document was signed, in addition to locking the appropriate portions document after signing. This guidance does not change the approval process or the content requirements for Buy America, COC, and CTR documentation, rather it allows the documentation to either be all electronically signed or a Scanned Original Wet Signature. An electronic seal is when a Contractor’s Engineer, a Professional Engineer or a Professional Land Surveyor affix their electronic signature and seal to plans or documents prepared under their responsible charge or control. The electronic seal needs to meet State of Colorado Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1 requirements, lock the document after signature and shall have a non-expiring ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 31 transaction identification number that can be used to view the final locked and signed document online. October 1, 2023 Revision of Section 107 Water Quality Control (Under One Acre of Disturbance) Section 107.25 of the Standard Specifications is hereby deleted and replaced as follows: 107.25 Water Quality Control. The project work shall be performed using practices (including but not limited to those listed below) that minimize the pollution of any State waters, including wetlands. (a) Definitions. (1) Areas of Disturbance (AD). Locations where any activity has altered the existing soil cover or topography, including vegetative and non-vegetative activities during construction. (2) Construction Site Boundary/Limits of Construction (LOC). The project area defined by the Environmental Clearance document. (3) Discharge of Pollutants. One or more pollutants leaving the Limits of Construction (LOC) or entering State waters or other conveyances. (4) Limits of Disturbed Area (LDA). Proposed limits of ground disturbance as shown on the Plans. (5) Pollutant. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)] (6) Pollution. Man‑made, man‑induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. [25‑8‑103 (16), CRS] (7) State waters. Defined in Section 101. (b) Construction Requirements The Contractor shall comply with the “Colorado Water Quality Control Act” (Title 25, article 8, CRS), the “Protection of Fishing Streams” (Title 33, Article 5, CRS), the “Clean Water Act” (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply. If the Contractor determines construction of the project will result in a change to the activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Upon receipt of the report, the Engineer will coordinate with the Region Planning and Environmental Manager (RPEM) regarding the change. The Engineer, within five days after receipt of the report, will approve or reject in writing the request for change. If approved, the Engineer will detail a course of action including revision of existing permits or obtaining new permits. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 32 If construction activities result in noncompliance of any permit requirement, the project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency. The Contractor is legally required to obtain all permits associated with project specific water quality activities within, or off the Right of Way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor’s responsibility to obtain these permits. The Contractor shall consult with the Engineer and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters, as defined in section 101. Erosion control work shall be performed in accordance with Section 208, this subsection, and all other applicable parts of the Contract. Prior to construction, the Stormwater Management Plan (SWMP) Administrator, identified in Section 208, shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, as described in Section 208: (1) All exposed and stored soils. (2) Vehicle tracking of sediments. (3) Management of contaminated soils. (4) Vehicle and equipment maintenance and fueling. (5) Outdoor storage activities (building materials, fertilizers, chemicals, etc.). (6) Significant dust or particle generating processes. (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. (8) On-site waste management practices (waste piles, dumpsters, etc.). (9) Dedicated asphalt and concrete batch plants. (10) Concrete truck and equipment washing, including the concrete truck chute and associated fixtures and equipment. (11) Concrete placement and finishing tool cleaning. (12) Non-industrial waste sources that may be significant, such as worker trash and portable toilets. (13) Loading and unloading operations. (14) Other areas or procedures where spills could occur. The SWMP Administrator shall record the location of potential pollutants on the site map, if applicable. Descriptions of the potential pollutants shall be added to the SWMP. Prior to construction the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See Section 208 for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 33 On site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a “reasonable expectation of an oil discharge” to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is covered, including, but not limited to petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Prior to start of work, the Contractor shall submit a SPCC Form, if applicable, which has been approved by the EPA for the project. The Contractor shall obtain a Construction Dewatering (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to State waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE in accordance with Section 250. Water from dewatering operations shall not be directly discharged into any State waters, unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless: 1. Written permission is obtained from the owner of the ditch. 2. It is covered in the approved CDW or Remediation Permit that allows the discharge. 3. A copy of this approval is submitted to the Engineer. A copy of the Permit shall be submitted to the Engineer prior to dewatering operations commencing. Construction Dewatering may be discharged to the ground on projects where CDPHE’s Low Risk Guidance Document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are: 1. The source of the discharge is solely uncontaminated groundwater or uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above. 2. Discharges from vaults or similar structures shall not be contaminated. Potential sources of contamination include process materials used, stored, or conveyed in the structures, or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives. 3. The groundwater discharge does not leave the project boundary limits where construction is occurring. 4. Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. 5. Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing control measures that are designed to reduce velocity flow. If the control measures used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff. 6. A visible sheen is not evident in the discharge. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 34 7. Control measures are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. 8. All control measures used shall be selected, installed, implemented, and maintained according to good engineering, hydrologic, and pollution control practices. The selected control measures shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. All dewatering operations shall be recorded in the SWMP as follows: 1. The source is identified in the SWMP and updated by the Contractor. 2. The SWMP describes and locates the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater. 3. The SWMP describes and locates the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers. 4. Groundwater and groundwater combined with stormwater do not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface waters are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g., disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground. At least 15 days prior to commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer. Temporary fill into wetlands or streams shall not be allowed, except as specified in the Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract. Construction operations in waters of the United States as defined in 33 CFR Part 328.3, including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters shall be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow material, or any other construction support activity. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 35 material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into State waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw, and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering State waters and shall not leave the site as surface runoff. A minimum of ten days prior to the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be in accordance with the manufacturer’s recommended application rates, frequency, and instructions. All materials stored on‑site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer’s label. Materials shall not be stored in a location where they may be carried into State waters at any time. Spill prevention and containment measures conforming to Section 208 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer’s recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing. The Contractor shall prevent construction activities from causing grass or brush fires. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. Prior to start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned prior to initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified prior to being brought onto the project site. Vehicles which have been certified by the Contractor as having been cleaned prior to arrival on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. All construction site wastes shall be properly managed to prevent potential pollution of State waters. Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate control measure. Discharges from the project area shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any applicable water quality standard, including narrative standards for water quality. Stormwater Construction Permit. A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. A CDPS-SCP will be obtained from CDPHE, if any of the following activities apply: (1) Construction sites that will disturb one acre or more; or ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 36 (2) Construction sites that are part of a common plan of development or sale; or (3) It is specified in the contract; or Stormwater discharges that are designated by the division as needing a stormwater permit because the discharge: 1. Contributes to a violation of a water quality standard; or 2. is a significant contributor of pollutants to State waters. Dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for permits, will not be measured and paid for separately, but shall be included in the work. The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor’s noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. The Contractor shall not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices. If a spill occurs as a direct result of the Contractor’s actions or negligence, the cleanup of such spill shall be performed by the Contractor at the Contractor’s expense. Areas exposed to erosion by fire resulting from the Contractor’s operations shall be stabilized in accordance with Section 208 by the Contractor, at the Contractor’s expense. October 1, 2023 Revision of Section 109 Prompt Payment (Local Agency) Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(e) and replace with the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Local Public Agency (LPA). For the purpose of this section only, work shall be considered satisfactorily complete when the LPA has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor until the required payments have been made. The Engineer will continue to authorize progress payments for work performed by compliant subcontractors. Delete subsection 109.06(f)5 and replace with the following: 5. In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower-tiered subcontractors, suppliers of material and equipment, ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 37 and others involved in the subcontractor’s work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the LPA or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor’s work. Delete subsection 109.06(f)8 and replace with the following: 8. If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work in accordance with Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the LPA. The requirements stated above do not apply to retainage withheld by the LPA from monies earned by the Contractor. The LPA will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision. Delete subsection 109.06(f)9 and replace with the following: 9. If during the prosecution of the project a portion of the work is partially accepted in accordance with subsection 105.21(a), the Contractor shall release all subcontractors’ retainage on the portion of the partially accepted work performed by subcontractors. Prior to the LPA releasing the Contractor’s retainage on work that has been partially accepted in accordance with subsection 105.21(a), the Contractor shall submit to the Engineer a certified statement for each subcontractor that has participated in the partially accepted work. The statement shall certify that the subcontractor has been paid in full for its portion of the partially accepted work including release of the subcontractor’s retainage. The statement shall include the signature of a legally responsible official for the Contractor, and the signature of a legally responsible official for the subcontractor. Delete subsection 109.06(g) and replace with the following: (g) Good Cause Exception. If the Contractor has “good cause” to delay or withhold a subcontractor’s progress payment, the Contractor shall notify the LPA and the subcontractor in writing within seven calendar days after receiving payment from the LPA. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. “Good cause” shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork. Delete subsection 109.06(h) and replace with the following: (h) Monthly Reporting. On a monthly basis, the Contractor shall submit the Form 1418, Monthly Payment Report, to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage from the Contractor. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 38 October 1, 2023 Revision of Section 207 Topsoil Delete Section 207 of the Standard Specifications for this project and replace it with the following: Description 207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and preparing the subsoils for the placement of the topsoil at locations shown on the plans. It also includes creating seeding media by amending subsoils, and importing offsite topsoil when shown on the plans. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Region or Headquarters Landscape Architect. Materials 207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. Topsoil shall be generated from one or more of the following as shown on the plans: Topsoil (Onsite). Topsoil shall consist of the upper 6-inch layer of the A horizon, as defined by the Soil Science Society of America, or at the depths and locations shown on the Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. (a) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil shall be extracted from the project site at locations shown on the plans or as directed, to a minimum depth of 12 inches or at the depths as shown on the plans. (b) Seeding Media. Seeding Media shall consist of one or all of the following approved materials: sub-soil, overburden, or material generated from rock. Contractor shall select onsite or offsite locations to generate material that meet the requirements of Table 207-1. The Contractor shall provide a Certified Test Report (CTR) in accordance with subsection 106.13, excluding lot, heat, and batch confirming that the excavated material conforms to Table 207-1. (c) Topsoil (Offsite). The Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days prior to import in accordance with subsection 106.13. The Contractor shall include with the CTR a complete Soil Nutrient Analysis for the properties listed in Table ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 39 207-2 from an independent laboratory that participates in the National Association for Proficiency Testing (NAPT). If topsoil nutrient analysis is deficient, an Amendment Protocol shall be submitted by the Contractor for approval. The Amendment Protocol shall contain a complete list of amendments and associated quantities to produce topsoil that conforms to Table 207-2. The Contractor shall submit a Certificate of Compliance (COC) for Topsoil (Offsite) for approval a minimum of 60 days prior to import that the source has controlled noxious weeds in accordance with the State of Colorado Noxious Weed Act 35-5.5-115. Table 207-1 Physical Properties of Seeding Media Property Range Test Soil pH (s.u.) 5.6 – 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) < 5.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10-3.4 Rock Content (%) < 25 USDA NRCS Rock Fragment Modifier Usage Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) Rock Content (%) greater than 3” diameter < 25 USDA NRCS Rock Fragment Modifier Usage USDA Soil Texture No more than 70% clay, silt, and sand by percentage volume of topsoil. ASA Monograph #9, Part 1, Method 15-4 or ASA 1 43-5 All Particle Sizes < 6 Inches Physical contaminants (man-made inerts) (%) < 1 TMECC 03.08-C C:N ratio <20 TMECC 05.02-A * Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM D6913 Amendments to the base imported material shall have the quantities of material verified onsite prior to incorporation into parent material, either at the stockpiles or after placement of parent material. Topsoil amended at the stockpiles shall be distributed to the site within seven days. * Substitute this requirement for USDA Soil Texture requirement when project are approved to use material manufactured from native rock material on site. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 40 Table 207-2 Topsoil (Offsite) Properties Property Range Test Methods Soil pH (s.u) 5.6 – 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) (mmhos/cm or ds/m) < 2.0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 – 10 ASA Mono. #9, Part 2, Method 10-3.4 Soil OM (%) 3 – 5 Methods of Soil Analysis, Part 3, Method 34 Soil N (NO3-n, ppm) > 20.0 Methods of Soil Analysis, Part 3. Chemical Methods. Ch. 38 Nitrogen – Inorganic Forms Soil P (ppm) > 13.0 ASA Mono. #9, Part 2, Method 24-5.4 or others as required based on soil pH Soil K (ppm) > 80 ASA Mono. #9, Part 2, Method 13-3.5 Rock Content (%) greater than 3” diameter < 25 USDA NRCS Rock Fragment Modifier Usage Bioassay (seedling emergence and relative vigor) > 80% of control TMECC 05.05-A or Approved Germination Test Soil Texture No more than 70% clay, silt and sand by percentage volume of topsoil ASA Mono. #9, Part 1, Method 15-4 Physical contaminants (man-made inerts) (%) < 1 TMECC 03.08-C Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A The Contractor shall utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following requirements: (1) Steel rod with a minimum diameter of ½ inch with graduations (tick marks) every 6 inches. (2) The rod shall be made of stainless steel or other metal that will not bend when weight is applied. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 41 (3) The end of the rod shall have a 30-degree cone tip. (4) The diameter of the cone at its tip shall be no more than 0.1 inch. (5) The top of the rod shall be a T-handled configuration. CONSTRUCTION REQUIREMENTS 207.03 Site Pre-vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation for the project, the Contractor shall request a Site Pre-vegetation Conference. The Engineer will set up the conference and will include: the Engineer or designated representative, the Superintendent or designated representative, the sub-contractor(s) performing the subgrade soil preparation and soil amendments, and the CDOT Landscape Architect representing the Region. Only one meeting is required for the project unless a new sub-contractor is brought on that did not attend the previous meeting. The Agenda of the Pre-vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: (1) Final review of the Topsoil (Offsite) Amendment Protocol (2) Review of the Method Statement detailing the equipment which will be used for the subgrade soil preparation operations (3) Review of rod penetrometer which will be used to determine subgrade soil preparation of topsoil (4) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de-compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (5) Seeding. See subsection 212.03 for submittal requirements. (6) Meeting attendee sign-in log 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil stockpiles shall be identified using white pin flags with “TOPSOIL” printed in black letters and shall have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25 feet. Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. Windrowed topsoil shall not be used as perimeter erosion control or extensively compacted. When topsoil is windrowed, all stockpile requirements still apply. (1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, in accordance with Section 217, or as directed. (2) Wetland Topsoil. Wetland stockpiles shall not be treated with herbicide. Weeds shall be hand pulled. Wetland topsoil shall be placed within 24 hours from excavation, unless otherwise approved by the Engineer. Wetland topsoil shall not be stockpiled for more than six months. 207.05 Subgrade Soil Preparation. Before placement of topsoil, the subgrade shall be ripped to a minimum depth of 14 inches. Subgrade shall be mostly dry and friable. Subgrade shall ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 42 crumble without sticking together, yet not be so dry and hard that it does not break apart easily. Underground utilities shall be located prior to soil preparation. Subgrade soil preparation equipment shall meet the requirements for either winged tip or parabolic shanks. Operation shall be performed to fracture the soil uniformly without lifting or furrowing the surface excessively. The Contractor shall submit a method statement for subgrade soil preparation other equipment will be considered. 1. Winged tip shanks (dozer equipment) shall be a minimum of 6 inches wide and have 2 inches of vertical profile change on the blade with a 40 – 60-degree sweep angle. The Contractor shall calibrate the subgrade soil preparation equipment using a minimum 30 linear feet of the initial pass. The Contractor shall utilize the rod penetrometer to verify that that de-compaction was successfully done. The Contractor shall take penetration measurements every 6 inches across a transect perpendicular to the direction of the tractor and spanning the width of the subgrade soil preparation. Depths of penetration shall confirm that a minimum of 12 inches can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T-handle). Existing subgrade shall be de-compacted to a depth of 14 inches. If multiple passes are needed, the subsequent passes shall be positioned so that the ripping equipment (subsoilers) from the previous pass are split by the subsequent pass. Following ripping, the Contractor shall remove all sticks, stones, debris, clods, and all other substances greater than 6 inches in diameter. The Contractor shall restrict motorized vehicle and foot traffic from passing over the ripped area since this would recompact the areas that received subgrade soil preparation. The first 4 feet from the edge of pavement shall be ripped to a depth of 6 inches. If the project is going to use aggregate base course or recycled asphalt as a shouldering technique, those areas will not require subgrade soil preparation. Depth of soil ripping for the subgrade soil preparation shall be checked with the rod penetrometer. The Contractor shall verify adequate de-compaction of the entire area to have topsoil placed using a rod penetrometer in the presence of the Engineer. Tests shall be performed at a minimum of ten random locations per each acre as selected by the Engineer. The Test shall verify that a depth of 12 inches of penetration into the soil can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T- handle). If this depth cannot be achieved for 80 percent of the penetrations, the Contractor shall re-rip the area at no additional cost to the Department. 207.06 Placement of Topsoil and Seeding Media. Topsoil and Seeding Media shall be hauled and placed at the locations disturbed and will be re-vegetated or as shown on the plans. The contractor shall place a minimum thickness of 6 inches and should only be handled when it is dry enough to work without damaging soil structure. Topsoil and Seeding Media shall be placed a minimum depth of twelve (12) inches when placed over riprap as required on the plans. No Topsoil or Seeding Media shall be placed below ordinary high water mark except as otherwise specified in bio-stabilization bank treatments. Salvaged topsoil placement deeper than 6 inches is allowed if additional approved material is on-site. Contractor shall place topsoil in a method that does not re-compact subgrade material using low ground-contact pressure equipment, or by excavators and/or backhoes operating adjacent to it. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 43 The final grade shall be free of all materials greater than 4 inches in diameter within the designed clear zone for the project. Equipment not required for revegetation work will not be permitted in the areas of placed topsoil. Soil amendments, seedbed preparation, and permanent stabilization mulching shall be accomplished within four working days of placing the topsoil on the de-compacted civil subgrades. If placed topsoil is not mulched with permanent stabilization mulch within four working days, the Contractor shall complete interim stabilization methods in accordance with subsection 208.04(e), at no additional cost to the Department. Time to perform the work may be extended for delays due to weather. Method of Measurement 207.07 Topsoil material will be measured by the actual number of cubic yards of topsoil placed and accepted. Subgrade soil preparation will be measured by the square yards of subgrade which is ripped and accepted for adequate de-compaction. Basis of Payment 207.08 The accepted quantities measured will be paid for at the Contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Topsoil (Onsite) Cubic Yard Seeding Media Cubic Yard Topsoil (Offsite) Cubic Yard Topsoil (Wetland) Cubic Yard Subgrade Soil Preparation Square Yard Amendments for Topsoil (Onsite) and Seeding Media will be measured and paid for in accordance with Section 212. Amendments for Topsoil (Offsite) will not be measured and paid for separately, but shall be included in the work. Noxious Weed Management will be measured and paid for in accordance with Section 217. Stockpiling or windrowing of topsoil will not be measured and paid for separately, but shall be included in the work. Testing of Seeding Medial and Topsoil (Offsite) will not be measured and paid for separately but shall be included in the work. Rod penetrometer and associated verification testing of random locations will not be measured and paid for separately, but shall be included in the work. The Site Pre-vegetation Conference will not be paid for separately, but shall be included in the work. Additional passes with the ripping equipment to achieve the desired de-compaction will not be measured and paid for separately, but shall be included in the work. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 44 Removing of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all topsoil and Seeding Media used within the designed clear zone for the project will not be measured and paid for separely, but shall be included in the work. October 1, 2023 Revision of Section 208 Erosion Control (Under One Acre of Disturbance) Delete Section 208 of the Standard Specifications and replace it with the following: Description 208.01 This work consists of constructing, installing, maintaining, and removing when required, control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any State waters as defined Section 101. Stormwater runoff from all disturbed areas and soil storage areas for which permanent or interim stabilization is not implemented, must flow to at least one control measure to minimize sediment in the discharge. This shall be accomplished through filtering, settling, or straining. The control measure shall be selected, designed, installed, and adequately sized in accordance with good engineering, hydrologic, and pollution control practices. The control measures shall contain or filter flows in order to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction of temporary control measures with the construction of permanent control measures to assure economical, effective, and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin affecting completion of the action and pursue it to completion in a manner acceptable to the Engineer. Materials 208.02 Erosion control materials are subject to acceptance in accordance with Section 106. Erosion control materials shall be subject to the following approval process: ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 45 Material Approval Process Notes: Erosion Bales (Weed Free) COC The Contractor shall provide a transit certificate number or a copy of the transit certificate as supplied from the producer. Silt Fence COC Silt Berm APL Erosion Log (Type 1, Type 2, and Type 3) COC Silt Dikes COC Pre-fabricated Concrete Washout Structures (above ground) APL Pre-fabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type I, II, and III) APL COC = Certificate of Compliance; APL= Approved Product List The material for control measures shall conform to the following: (a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected them. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the: Colorado Department of Agriculture, Weed Free Forage Program, 305 Interlocken Pkwy, Broomfield, CO 80021 Contact the Weed Free Forage Coordinator at (303) 869-9038. Also available at www.colorado.gov/ag/csd. Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 1.5 inch by 1.5 inch by 30 inch actual. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts shall be 1.5-inch width by 1.5-inch thickness actual dimensions with 1/8-inch tolerance. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 46 Property Wire Fence Supported Requirements Self-Supported Requirements Geotextile Elongation <50% Test Method Grab Strength, lbs. 90 minimum 124 minimum ASTM D4632 Permittivity sec-1 0.05 0.05 ASTM D4491 Ultraviolet Stability Minimum 70% Strength Retained Minimum 70% Strength Retained ASTM D4355 Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T-post with a minimum length of 66 inches. Metal posts shall be “studded tee” with 0.095-inch minimum wall thickness. Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge with a maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties or nylon cable ties at 12 inches on center at top, middle and bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12-gauge wire ties per post. Vinyl or rubber safety caps shall be installed on all T-post. (c) Temporary Berms. Temporary berms shall be constructed out of compacted embankment (subsoil) and not out of salvaged topsoil. (d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber, or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum Class 2, conforming to Section 712. (e) Silt Berm. Silt berm shall consist of permeable multi-use material consisting of ultraviolet (UV) stabilized high-density polyethylene or other approved material effective in reducing water velocity. Designed and tested system shall be installed on a Turf Reinforcement Mat or Soil Retention Blanket in accordance with Section 216. The segment shall be secured to the ground with either metal or wood stakes. Minimum requirements for securing stakes shall be in accordance with the plans. Dimensions of individual segments shall meet the following criteria: Width Height Weight Percent Open Area 6 - 11 inches 6 - 10 inches > 0.25 lbs./sq. ft. 20 – 50% (f) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. (g) Sediment Trap. In constructing an excavated sediment trap, excavated soil may be used to construct the dam embankment, provided the soil meets the requirements of Section 203. Outlet protection riprap shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall be a minimum Class 1, conforming to Section 712. (h) Erosion Logs. Erosion logs shall be one of the following types unless otherwise shown on the plans: ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 47 (1) Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo-degradable tube netting. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2) Compost in accordance with Section 212. The compost-wood chip blend may be pneumatically shot into a geotextile cylindrical casing or be pre-manufactured. The geotextile casing shall consist of high density polyethylene (HDPE) or polypropylene mesh (knitted, not extruded) with openings of ⅛ to ⅜ inch and contain the compost-wood chip material while not limiting water infiltration. (3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, 100 percent natural fiber cylinder netting (compostable) and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log shown on the plans. Netting shall be a woven cotton or cellulose base mesh that has an approval to compost certification with a maximum mesh size of 0.075 inches and index values as shown in Table 208-2. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. Natural compostable fiber netting shall not contain any synthetic material woven into the netting such as polypropylene, nylon, polyethylene, or polyester dyes. Oxo-degradable or oxo-biodegradable petrochemical-based fiber shall not be part of the netting material. Burlap netting material shall not be used for Erosion Log (Type 3). Erosion Log (Type 1, Type 2, and Type 3) shall have minimum dimensions as shown in Table 208-1, based on the specified diameter of the log. Table 208-1 Dimensions of Erosion Logs Diameter Type 1 & 3 (Inches) Diameter Type 2 (Inches) Min. Length (ft) Max. Length (ft) Weight (minimum) (pounds/foot) Stake Dimensions (Inches) 9 8 10 180 1.6 3/4 thickness by 3/4 width by 18 long 12 12 10 180 2.5 1.5 thickness by 1.25 width by 24 long 20 18 10 100 4.0 1.5 thickness by 1.25 width by 30 long Wood stake acceptable tolerance +/- 1/8 inch. Table 208-2 Index Values for Natural Fiber Netting Property Requirement Test Method Fabric Tensile Strength >70 lbs. ASTM D3822 Biodegradable 100% ASTM D5988 ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 48 Property Requirement Test Method Mesh Pattern Rib Stakes to secure erosion logs shall consist of pinewood or hardwood. (i) Silt Dikes. Silt dikes shall be pre-manufactured flexible sediment barrier that will fully rebound when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend beyond the foam core a minimum of 8 inches on both sides. Table 208-3 Geotextile Requirements Property Requirement Test Method Water Flow Rate 100-150 gallons per minute/square foot ASTM D4491 Grab Breaking Load 200 lbs. minimum in each direction ASTM D4632 Ultraviolet Degradation 70% of original unexposed grab breaking load after 500 hours ASTM D4595 Each silt dike segment shall have the following dimensions: Dimension Length Vertical height after installation >5 inches Geotextile sleeve section to interlock segments >8 inches Silt dike segments shall be anchored down using the minimum requirements shown in Table 208-4. Table 208-4 Silt Dike Segment Requirements Surface Nail Washers Soil Surface Installed in 4 inch deep trench with 6 inch nails no more than 4 feet O.C. (on center) 1 inch washers Hard Surface 1 inch concrete nails no more than 4 feet O.C. 1 inch washers and solvent- free adhesive (j) Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro-concrete demolition. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 49 Table 208-5 Impermeable Synthetic Liner Requirements Tested Property Test Method Units Value Thickness ASTM D5199 mil >30 +/- 1.5 Tear Strength ASTM D1004 lbs. >8 Low Temperature Impact ASTM D1790 °F Pass at -20 (k) Pre-Fabricated Concrete Washout Structure. Pre-Fabricated Concrete Washout Structures shall be one of the following types unless otherwise shown on the plans: (1) Pre-Fabricated Concrete Washout Structure (Type 1). Type 1 portable bins shall be used only when specified in the Contract. It shall consist of a watertight multi-use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro-concrete demolition. Minimum capacity including freeboard shall be 440 gallons. (2) Pre-Fabricated Concrete Washout Structure (Type 2). Type 2 portable bins shall be used only when specified in the Contract. It shall consist of a watertight one-time use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro-concrete demolition. The structure shall have a system to secure to the ground. Minimum capacity including freeboard shall be 50 gallons. (l) Vehicle Tracking Pad (VTP). Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least two fractured faces that meets the following graduation requirements: Sieve size Percent by weight Passing Square Mesh Sieves 75 mm (3 inch) 100 50 mm (2 inch) 0 to 25 19.0 mm (3/4 inch) 0 to 15 Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion control geotextile shall be a minimum Class 2, conforming to Section 712. Pre-Fabricated or manufactured vehicle tracking pads shall only be used if specified in the Contract. Multi-use pads shall consist of industrial grade materials and shall be designed to minimize sediment leaving the project. Minimum dimensions of the modular systems shall be: Width Length of pad 12 feet 35 feet To accommodate construction traffic turning radii between the tracking pad and a stabilized surface, additional flared sections of approved pads or aggregate in accordance with this specification shall be used at no additional cost to CDOT. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 50 Weight (min.) (lbs./sq. ft.) Crush strength (min.) (psi) 8 400 A thin layer of stone, geotextile, or other stable surface may be required to stop rutting under the pad or area where the vehicles mount or dismount the manufactured trackout control device. (m) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: Diameter (inches) Weight (minimum) (pounds per foot) 6-8 6 10 10 12 15 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse Aggregate No. 6. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab Tensile Strength 90 lbs. min. ASTM D4632 Trapezoid Tear Strength 25 lbs. min. ASTM D4533 Mullen Burst 300 psi ASTM D3786 Ultraviolet Resistance 70% ASTM D4355 (n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Storm Drain Inlet Protection Properties Protection Type I* Protection Type II# Protection Type III Diameter 4 in. 4 in. N/A Minimum Section Length 7 ft. 5 ft. 5 ft. Apron Insert --- 30 in. or sized to grate 30 in or sized to grate *Type I protection shall be used with Inlet Type R. #Type II protection shall be used with Combination Inlet. Option A or B Type III protection shall be used with Vane Grate Inlet only. Option A or B Note: Options A and B are shown on Standard Plan M-208-1. The Storm Drain Inlet Protection (Type I, II and III) shall consist of a woven geotextile fabric with the following properties: ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 51 Property Test Method Unit Requirement Grab tensile strength ASTM D4632 lbs. minimum 150X200 Mullen Burst Strength ASTM D3786 lbs. 400 Trapezoid Tear Strength ASTM D4533 lbs. minimum 60X60 Percent Open Area COE-22125- 86 % ≥20 Water Flow Rate ASTM D4491 gal./min./sq . ft. ≥100 Ultraviolet Resistance ASTM D4355 % ≥70 Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for Coarse Aggregate No. 6. CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction the Contractor shall implement control measures in accordance with the approved project schedule as described in this section. At the Pre-Construction Conference, the attendees shall discuss the Stormwater Management Plan (SWMP), maintaining water quality standards, sensitive habitats on-site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Prior to beginning construction, the Contractor shall evaluate the project site for storm water draining into or through the site. When such drainage is identified, control measures shall be used if possible to divert stormwater from running on-site and becoming contaminated with sediment or other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and adequate control measures shall be employed. The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, control measures shall be used to protect off-site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP site map. Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation from ground disturbance and ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 52 other pollutant sources, in accordance with the approved project schedule as described in Section 208. When additional control measures are required and approved by the Engineer, the Contractor shall implement the additional control measures and the SWMP Administrator shall record and describe them on the SWMP site map. The approved control measures will be measured and paid for in accordance with Section 208. (a) Project Review. The Contractor shall submit modifications to the Contractor’s control measures or SWMP in a written proposal to the Engineer. The written proposal shall include the following information: (1) Reasons for changing the control measures. (2) Diagrams showing details and locations of all proposed changes. (3) List of appropriate pay items indicating new and revised quantities. (4) Schedules for accomplishing all erosion and sediment control work. (5) Effects on certifications caused by the proposed changes. The Engineer will approve or reject the written proposal in writing within seven days after receipt of the submittal. The Engineer may require additional control measures prior to approving the proposed modifications. Additional modifications and additional control measures will be paid for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid for as extra work in accordance with Section 109. (b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and grubbing, earthwork operations, and construction of temporary and permanent erosion control features and stabilization. The project schedule shall include erosion and sediment control work for haul roads, borrow pits, storage, asphalt or concrete batch sites, and all areas within the project limits. If during construction the Contractor proposes changes which would affect the Contract's control measures, the Contractor shall propose revised control measures to the Engineer for approval in writing. If necessary, the Contractor shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. (c) Erosion Control Management (ECM). Erosion Control Management for this project shall consist of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working knowledge and experience in construction, and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the Department. The Superintendent may be permitted to serve in an ECM role, unless otherwise specified in the contract. 1. SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. The name of the SWMP Administrator shall be recorded on the SWMP. The SWMP Administrator shall have full responsibility to maintain and update the SWMP and identify all critical action items needed to maintain water quality standards: (1) Complete the SWMP as described in Section 208. (2) Participate in the Pre-Construction Conference. (3) Attend erosion and sediment control meetings. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 53 (4) Implement necessary actions to reduce erosion or water quality problems, anticipated or presently existing, resulting from construction activities. (5) Ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. (6) During construction, the SWMP site map shall be updated to reflect current field conditions and include, at a minimum, the following if applicable: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD), including areas of borrow and fill. (iii) Limits of Disturbance (LDA). (iv) Areas used for storage of construction materials, equipment, soils, or wastes. (v) Location of dedicated asphalt, concrete batch plants, and masonry mixing stations. (vi) Location of construction offices and staging areas. (vii) Location of work access routes during construction. (viii) Location of waste accumulation areas, including areas for liquid, concrete, masonry, and asphalt. (ix) Location of temporary, interim and permanent stabilization. (x) Location of outfalls. (xi) Flow arrows that depict stormwater flow directions on-site and runoff direction. (xii) Location of structural and non-structural control measures. (xiii) Location of springs, streams, wetlands, and other State waters, including areas that require pre-existing vegetation be maintained within 50 horizontal feet of a receiving water, unless infeasible. (xiv) Location of stream crossings located within the construction site boundary. (7) Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. (8) Install control measures according to Standard Plans M-208-1, M-216-1, and M-615-1. (9) Record in the SWMP, the approved Method Statement for Containing Pollutant Byproducts. (10) Update the Potential Pollutants list in the SWMP and Spill Response Plan throughout construction. 2. Erosion Control Inspector (ECI). The SWMP Administrator shall complete the duties of the ECI. (1) ECI duties shall be as follows: (i) Inspect initial placement and adherence to approved SWMP and SWMP site plan control measures. (ii) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 54 (iii) Identify all areas of concern that may impact water quality and, if necessary, implement corrective actions. (iv) Ensure all other agency Stormwater and inspection requirements are followed unless a waiver or other agreement has been made. (2) The ECI shall immediately report to the Contractor and Engineer the following instances: (i) Noncompliance which may endanger health or the environment, regardless of the cause of the incident. (ii) Spills or discharges which exceeds any water quality standards. (iii) Upset conditions which cause an exceedance of any water quality standards. (3) Document spills, leaks, or overflows that result in the discharge of pollutants. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. (d) Documentation Available on the Project. The following Contract documents and references shall be made available for reference at the CDOT field office during construction: 1. SWMP. The Engineer will provide an approved SWMP design (includes items (1) through (4) as listed below) at the Pre-construction Conference, which is and shall remain the property of CDOT. The following Contract documents and reports shall be included or kept maintained, (as applicable), and updated in the SWMP under the appropriate items by the SWMP Administrator: (1) SWMP Plan Sheets – Notes, tabulation, site description, sequence of major activities, area of disturbance, existing soil data, existing vegetation percent cover, potential pollutant sources, receiving water, non-stormwater discharges and environmental impacts. (2) SWMP Site Maps and Project Plan Title Sheet, if included in the original contract. (3) Specifications – Standard and project special provisions related to stormwater and erosion control. (4) Standard Plans M-208-1, M-216-1 and M-615-1. (5) Control measure Details not in Standard Plan M-208-1 – project specific non-standard details. (6) All Water Quality Audit Reports and Form 105(s) relating to Water Quality, if applicable. (7) Spill Response Plan – Reports of reportable spills submitted to CDPHE. (8) List and Evaluation of Potential Pollutants – List of potential pollutants as described in Section 107 and approved Method Statement for Containing Pollutant Byproducts. (9) Other Correspondence including agreements with other Municipal Separate Storm Sewer System (MS4s), approved deferral request, CDPHE audit documentation. (10) TECS Certifications of the SWMP Administrator, kept current through the life of the project. (11) Pre-construction Conference – Conference agenda with a certification of understanding for maintaining water quality standards and SWMP. The certification ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 55 shall be signed by all attendees. A certification shall also be signed by all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Pre-construction Conference has been held, if applicable (12) All Project Environmental Permits – All project environmental permits and associated applications and certifications, including, water quality standards, Senate Bill 40, USACE 404, temporary stream crossings, dewatering, biological opinions, and all other permits applicable to the project, including any separate permits obtained by the Contractor for staging area on private property, asphalt or concrete batch plant, etc The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. 2. Reference Materials. The following Reference materials shall be used: (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings: If applicable, the Contractor shall conduct a weekly meeting with the Engineer and subcontractors to discuss construction activities that could adversely affect water quality, including the following: (1) Unresolved issues from observations. (2) Requirements of the SWMP. (3) Problems that may have arisen in implementing the site specific SWMP or maintaining control measures. (4) Control measures that are to be installed, removed, modified, or maintained, and associated SWMP modifications. (5) Planned activities that will affect stormwater in order to proactively phase control measures. 208.04 Control Measures for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all control measures implemented at the site to control potential sediment discharges. Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking pad locations on the SWMP site map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system, prior to use, at the Contractor’s expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction including, but not limited to, excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be removed from the site or contained at a pre-approved containment area ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 56 that has been identified in the SWMP. The concrete shall be picked up and recycled in accordance with 6 CCR 1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as needed, or as directed by the Engineer. (a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment control measures for correcting conditions unforeseen during the design of the project, or for emergency situations that develop during construction. The Department’s Erosion Control and Stormwater Quality Guide shall be used as a reference document for the purpose of designing erosion and sediment control measures. Measures and methods proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation. (b) Other Agencies. If CDPHE, US Army Corps of Engineers (USACE), the Environmental Protection Agency (EPA), or a Local Agency reviews the project site and requires additional measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. If the work may negatively affect another MS4, the Contractor shall cease and desist activities resulting in the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures. Implementation of these additional measures will be paid for at contract unit prices. (c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside CDOT ROW and outside easements acquired by CDOT for construction, are the responsibility of the Contractor. (d) Construction Implementation. The Contractor shall incorporate control measures into the project as outlined in the accepted schedule. (e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control measures until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or replace sections of earthwork at the Contractor’s expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: 1. Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation or underlying soil of a site, such as clearing, grading, road bed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive temporary stabilization. Other stabilization measures may be implemented, as approved. 2. Interim Stabilization. As soon as it is known with reasonable certainty that work will be temporarily halted for 14 days or more, sediment and material stockpiles and disturbed areas shall be stabilized using one or more of the specified following methods: (1) Application of 1.5 tons per acres of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. (2) Placement of bonded fiber matrix in accordance with Section 213. (3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 57 (4) Application of spray-on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride and Sodium Chloride, or other salt products, shall not be used as a stabilization method. (5) Topsoil stockpiles shall receive interim stabilization in accordance with Section 207, unless specified as a different material than the other disturbed areas on-site. 3. Summer and Winter Stabilization. Summer and winter stabilization is defined as stabilization during months when seeding will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of interim stabilization may be required as directed. 4. Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non-erodible methods as riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved in writing by the Engineer. All permanent stabilization requirements shown on the plans shall be completed within four working days of the placement of the topsoil in accordance with Section 207. 5. Final Stabilization. Final stabilization is achieved when all ground disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent physical erosion reduction methods have been employed. (f) Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP as control measures for stormwater pollution prevention shall be maintained in effective operating condition until final acceptance of the project. Control measures shall be continuously maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment when silt depth is 50 percent or more of the effective height of the erosion control device. When possible, the Contractor shall use equipment with an operator rather than labor alone to remove the sediment. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain control measures shall be repaired at the Contractor’s expense. Site assessments shall be performed to assess the adequacy of control measures at the site and the necessity of changes to those control measures to ensure continued effective performance. Where site assessment results in the determination that new or replacement control measures are necessary, the control measures shall be installed to ensure continuous effectiveness. When identified, control measures shall be maintained, added, modified or replaced as soon as possible, immediately in most cases. Approved new or replaced control measures will be measured and paid for in accordance with this section. Devices damaged due to the Contractor's negligence shall be replaced at the Contractor’s expense. From the time seeding and mulching work begins until project acceptance the Contractor shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately restored. If damage is due to Contractor negligence, it shall be restored at the ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 58 Contractor’s expense. Restoration of other damaged areas will be measured and paid for under the appropriate bid item. Temporary control measures may be removed prior to final acceptance of the project, as determined by the Engineer. If removed, the area in which these control measures were constructed shall be returned to a condition similar to that which existed prior to its disturbance. Removed control measures shall become the property of the Contractor. Maintenance shall be notified of the locations of any control measures left in place. If the Contractor fails to complete construction within the approved contract time, the Contractor shall continue erosion and sediment control operations at its expense until acceptance of the work. Sediment removed during maintenance of control measures and material from street sweeping may be used in or on embankment, provided it meets the requirements of Section 203 and is distributed evenly across the embankment. Whenever sediment collects on the paved surface, the surface shall be cleaned. Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick broom will not be allowed. Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations using a vacuum. A control measure, such as a berm, shall be placed to contain slurry from joint flushing operations until the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable control measures shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with Section 107. Material containment and removal will not be paid for separately, but shall be included in the work. 208.05 Construction of Control Measures. Control measures shall be constructed in accordance with Standard Plans M-208-1 and M-216-1, and with the following: (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket installation shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. Erosion Bales shall be entrenched 4 inches minimum into the soil, tightly abutted with no gaps, staked, and backfilled around the entire outside perimeter. Erosion Bales cannot be used for Check Dams. (c) Silt Fence. Silt fence shall be installed in locations as per M standard plans 208-1 and as specified in the Contract. (d) Temporary Berms. Berms shall be constructed to the dimensions as per M 208-1 standard plans and as shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. Berms must be at least 18 inches tall or high enough to prevent overtopping. Berms must have a minimum of 4 to 6-foot base. Gradient of all receiving area above berm must be less than 2:1, or flatter. Outlets of anticipated flow from captured water behind berms must be designed with additional control measures suitable to control concentrated flow. Maximum drainage area for each outlet must be limited to 2 acres. (e) Temporary Diversion. Diversions shall be constructed to the dimensions as per M standard plans 208-1 and as shown in the Contract and graded to drain to a designated outlet. The ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 59 berm shall be sufficiently compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. Ensure drainage area for every slope drain is smaller than 5 acres. Ensure pipe or channel is properly sized, and for drainage areas larger than 1 acre the pipe size must be designed by an Engineer to ensure the drainage structure can accommodate the runoff resulting from a 2-year, 24-hour storm event. The use of prefabricated flared inlet sections is recommended. (g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. See M standard 208-1 for details. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms shall be installed on top of soil retention blanket or turf reinforcement blanket. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. The Geotextile Erosion Control shall be Class 2 and conform to the requirements of Section 712, and shall extend up ⅔ of the riprap height with 6inch minimum cover over geotextile. Rock Check Dam shall be installed within a ditch sub excavated 6 inches below the flow line. The ends of the rip rap check dam shall be a minimum of 6 inches higher than the center of the check dam. Stone shall meet the requirements of Section 506. Larger rocks with larger void spaces should be used on top. See M standard 208-1 for details. (i) Riprap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1-foot minimum. Riprap size shall be in accordance with Section 506 and as shown on the plans. (j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from each Type II and III containment area when it is more than one third full of sediment, or as directed. The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. (k) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the potential of pollutants leaving the project site. Locations shall be in accordance with M standard 208-1 and as shown on the plans or as directed. Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations where runoff from disturbed areas can be diverted into the trap. The area under the embankment shall be cleared, grubbed, and stripped of any vegetation and roots. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 60 Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and other objectionable material. Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the trap and shall be disposed of in accordance with Section 208. (l) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded so that the top of the stake does not extend past the top erosion log more than 2 inches, at the discretion of the Engineer, a shallower stake depth may be permitted if adverse site conditions are encountered, e.g. rock or frozen ground. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. See M standard 208-1 for details. (m) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. (n) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on the plans. Work on this structure shall not begin until written acceptance of location is provided by the Engineer. See M standard 208-1 for details. Control measures designed for concrete washout waste shall be implemented. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5 or use a prefabricated washout. The following requirements shall be met: (1) The structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout and disposal locations. (3) The site shall be located a minimum of 50 horizontal feet away from State waters and shall meet all requirements for containment and disposal as defined in Section 107. (4) The site shall be signed as “Concrete Washout”. (5) The site shall be accessible to appropriate vehicles. (6) Freeboard capacity shall be included in the structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (7) The Contractor shall prevent tracking of washout material out of the washout structure. (8) Solvents, flocculants, and acid shall not be added to wash water. (9) The structure shall be surrounded on three sides by a compacted berm. (10) The structure shall be fenced with orange plastic construction fencing conforming to Section 607, to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (11) Concrete waste, liquid and solid, shall not exceed ⅔ the storage capacity of the washout structure. (12) A concrete washout sign shall have letters at least 3 inches high and conform to Section 630. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 61 (o) Pre-fabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: (1) Structure shall contain all washout water. If bins are determined to be leaking, the Contractor shall replace the bin on-site and clean up the spilled material and dispose of it properly. (2) Structure shall be located a minimum of 50 horizontal feet away from State waters, and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be as approved by the Engineer. The pre-fabricated structure shall be signed as “Concrete Washout”. Sign can be on portable bin. (3) The site shall be accessible to appropriate vehicles. (4) Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. (5) Solvents, flocculants, and acid shall not be added to wash water. (6) Concrete waste, liquid and solid, shall not exceed ⅔ the storage capacity of the washout structure. (7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved. (8) The concrete washout structure shall be installed and ready for use prior to concrete placement operations. (9) Washout areas shall be checked and maintained as required. On-site permanent disposal of concrete washout waste is not allowed. All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. Delivery to the site shall not occur until written acceptance is provided by the Engineer for both the product and the concrete waste disposal facility. (p) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall be completed before any disturbance of the area. The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project. The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the Engineer. Additional aggregate may be required for maintenance and will be paid for under Pay Item, Maintenance Aggregate (Vehicle Tracking Pad). (q) Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary control measures if all the following conditions are met: (1) The pond is designated as a construction control measure in the SWMP. (2) The pond outfall and outlet are designed and implemented for use as a control measure during construction in accordance with good engineering, hydrologic, and pollution control practices. The stormwater discharges from the outfall shall not cause degradation or pollution of State waters, and shall have control measures, as appropriate. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 62 (3) All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance. (r) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of hardscape or compacted gravel. If approved by the Engineer, the aggregate bag may be placed on compacted dirt areas, where bags conform to the surface and can effectively minimize sediment transport. Aggregate bags can be used on frozen ground when other control measures cannot be trenched or staked, but only until the ground is capable of being trenched and staked Aggregate bags shall not be placed in concentrated flow areas, other than gutter pans. Aggregate bags shall be placed to conform to the surface without gaps to ensure that discharge water does not cause erosion. See M standard 208-1 for details. (s) Surface roughening. Surface roughening creates horizontal grooves along the contour of the slope. Roughening may be accomplished by furrowing, scarifying, ripping, or disking the soil surface to create a 2 to 4-inch minimum variation in soil surface. (t) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily rock need not be tracked. 208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill Response Plan in place as specified in Section 107 or Section 208. Construction equipment, fuels, lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within approved designated areas. (a) Bulk storage structures. Bulk storage structures for petroleum products and other chemicals shall have impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. Secondary containment shall be capable of containing the combined volume of all the storage containers plus at least 10 percent freeboard. For secondary containment that is used and may result in accumulation of stormwater within the containment, a plan shall be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be contaminated (e.g., has an unusual odor or sheen). (b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks shall be performed at the Contractor's expense. (c) Spill Response Plan. A Spill Response Plan shall be developed and implemented to establish operating procedures for handling potential pollutants and preventing spills. The Response Plan shall contain the following information: (1) Identification and contact information of each Spill Response Coordinators. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 63 (2) Locations of areas on the project site where equipment fueling and servicing operations are permitted. (3) Location of cleanup kits. (4) Quantities of chemicals and locations stored on site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. (6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or ground water. (7) Procedures for spills of any size that enter surface waters or ground water, or have the potential to do so. CDOT’s Erosion Control and Stormwater Quality Guide contains spill notification contacts and phone numbers required in the Spill Response Plan. (8) A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters, and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. 208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross-sections. Construction activities, in addition to the Contract work, shall include the on-site parking of vehicles or equipment, on- site staging, on-site batch plants, haul roads or work access, and all other activities which would disturb existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor’s expense. The SWMP Administrator shall tabulate additional disturbances not identified in the SWMP. If the disturbance at any time exceeds 1 acre (including as part of a common plan of development), the Contractor will need to apply for a Colorado Discharge Permit System - Stormwater Construction Permit (CDPS-SCP) and comply with all of CDOT’s over one acre specifications. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. Failure to implement the Stormwater Management Plan is a violation of the Colorado Water Quality Control Act. Penalties may be assessed to the Contractor by the appropriate agencies. All fines assessed to the Department for the Contractor’s failure to implement the SWMP will be deducted from monies due the Contractor. The Contractor shall be subject to liquidated damages for incidents of failure to perform erosion control as required by the Contract. Liquidated damages will be applied for failure to comply with these specifications, including the following: (1) Failure of the Contractor to implement necessary actions required by the Engineer as required by this section. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 64 (2) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor’s schedule. (3) Failure to stabilize disturbed areas as required by this section. (4) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by this section. (5) Failure to remove and dispose of sediment from control measures as required. (6) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (7) Failure to perform permanent stabilization as required by this section. (8) Failure to prevent discharges not composed entirely of stormwater from leaving the construction site. (9) Failure to provide the survey of Permanent Water Quality features when required on the project in accordance with this section. The Engineer will immediately notify the Contractor of each incident of failure to perform erosion control in accordance with any water quality standards, specifications, including items (1) through (9) above by issuing a Form 105. Correction shall be made as soon as possible, immediately in most cases, but no later than 48 hours from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $970 for each day after the 48-hour period has expired that one or more of the incidents of failure to perform the requirements for each Form 105 remains uncorrected. Liquidated damages will begin at Midnight of the date on which the 48 hours has expired. This deduction will not be considered a penalty, but will be considered liquidated damages based on estimated additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remain uncorrected. The number of days for which liquidated damages are assessed will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total number of days for which liquidated damages are accumulated on the project. The liquidated damages will be deducted from any monies due the Contractor. If all other failures are not corrected within 48 hours after liquidated damages have begun to be assessed, the Engineer will issue a Stop Work Order in accordance with Section 105. Work shall not resume until the Engineer has approved a written corrective action plan submitted by the Contractor that includes measures to prevent future violations and a schedule for implementation. If the Contractor requires more than 96 hours to perform the corrective work from the date on the Form 105, the Contractor shall submit a request for deferment. The deferment request shall be in writing and shall include the specific failure, temporary measures until final correction is made, the methodology which will be employed to make the correction, and interim milestones to completing the work. The Region Water Pollution Control Manager (RWPCM), Engineer, the SWMP Administrator, and the Contractor shall concur on this deferral and set a proposed date of completion. If approved, the Contractor shall complete the corrective measures by Midnight of the proposed completion date. If corrective work is not corrected by the completion date the Engineer will issue a Stop Work Order. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 65 Liquidated Damages will apply retroactively back to the 48 hours after the Form 105 date of notification. Liquidated Damages will be assessed until the corrective work has been completed and accepted. Deferment of work to correct failures to perform erosion control will not affect the Contractor’s other contractual responsibilities, notifications for other non-compliance, nor the final completion date of the project. Liquidated Damages for other non-compliance notifications will continue to apply during the deferment period in addition to liquidated damages associated with the deferment. Based on the submittal date of the approved deferment, Liquated Damages and a Stop Work Order may not be mandated to the Contractor. Disagreements regarding the suggested corrective action for a control measure compliance issue between the Project Engineer, SWMP Administrator, and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after the discussions, the Project Engineer and the Contractor are still in disagreement and the Contractor believes that additional compensation is owed, the Contractor shall follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach an agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in Section 105. If the Contractor’s corrective action plan and schedule are not submitted and approved within 96 hours of the initial notice, the Engineer will issue a Stop Work Order and have an on-site meeting with the Superintendent, SWMP Administrator, and the Superintendent’s supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract and these specifications by utilizing CDOT Maintenance personnel or other non-Contractor forces and deduct the cost from any monies due or to become due to the Contractor pursuant to Section 105. Delays due to these Stop Work Orders shall be considered non- excusable. The Stop Work Order shall be in place until the project is in compliance. If the Contractor remains non-responsive to requirements of the on-site meeting, the Engineer will start default or Contract termination procedures in accordance with Section 108. CDOT will proceed with corrective or disciplinary action in accordance with the Rules for Prequalification, Debarment, Bidding and Work on Transportation, Road, Highway and Bridge Public Projects. When a failure meets any one of the following conditions, the Engineer will immediately issue a Stop Work Order in accordance with Section 105 irrespective of any other available remedy: (1) It may endanger health or the environment. (2) It consists of a spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. (3) It consists of a discharge which may cause a violation of water quality standards. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 66 (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with this section at the Contractor’s expense. (b) Survey. When Permanent Water Quality (PWQ) control measures are required on the project and once built, the Contractor shall survey the control measures to confirm that the PWQ control measures conform to the configuration, grade, and volume shown on the plans. The survey shall conform to Section 625. The results of the survey shall be submitted in accordance with CDOT’s Survey Manual (AutoCAD to GIS and TMOSS Codes), or GIS with attribute tables, showing both designed and final elevations and configurations. Paper versions of the drawings shall be submitted with the stamp and seal of the Contractor’s Surveyor. PWQ control measures that do not meet the Contract requirements will be identified in writing by the Engineer, and shall be repaired or replaced at the Contractor’s expense. Correction surveys shall be performed at the Contractor’s expense to confirm the locations, dimensions, and volume certification (for water quality capture volume structures only) of each PWQ control measure. The Engineer, CDOT Hydraulics Engineer for the region, Headquarters Permanent Water Quality Manager, and Headquarters Maintenance staff will perform a walkthrough of the PWQ control measures to confirm conformance to material requirements, locations, and dimensions. Before the walkthrough, the Contractor shall provide the corrected survey to the Engineer, Regional, and Headquarters Permanent Water Quality Managers. (c) Locations of Temporary Control Measures. The Engineer will identify locations where modification, cleaning, or removal of temporary control measures are required and will provide these in writing to the Contractor. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of control measures to remain on the project site. All punch list and walkthrough items shall be completed and approved by the Engineer and Maintenance. Method of Measurement 208.11 Erosion Control Management on projects having less than one acre of total disturbed area will not be measured and paid for separately but shall be included in the work, unless otherwise specified in the contract (bid schedule). If contracted, ECM work will be measured as the actual number of days of ECM work performed, regardless of the number of personnel required for SWMP Administration and Erosion Control Inspection, including erosion control inspections, documentation, meeting participation, SWMP Administration, and the preparation of the SWMP. If the combined hours of SWMP Administration and Erosion Control Inspection is four hours or less in a day, the work will be measured as ½ day. If the combined hours of SWMP Administration and Erosion Control Inspection is more than four hours in a day, the work will be measured as one day. Total combined hours of ECM work exceeding eight hours in a day will still be paid as one day. Erosion bales and rock check dams will be measured by the actual number installed and accepted. Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, temporary diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and accepted. Measured length will not include required overlap. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 67 Pre-fabricated concrete washout structures will be measured by the actual number of structures delivered to the site. It shall not include structures moved on-site. Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and accepted. Sediment trap quantities will be measured by the actual number installed and accepted. Removal of trash that is not generated by construction activities will be measured by the actual number of hours that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the Engineer a list of workers and the hours spent collecting such trash. Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. Vehicle tracking pads will be measured by the actual number constructed and accepted. Additional aggregate required for maintaining vehicle tracking pads will be measured as the actual number of cubic yards installed and accepted. Pre-fabricated vehicle tracking pads will be measured by the actual number of pads delivered to the site and set up to the minimum dimensions. It shall not include pads moved on-site. Basis of Payment 208.12 Control measures will be paid for at the Contract unit price for each of the items listed below that appear in the contract. Erosion Control management (ECM) duties on projects having less than one acre of total disturbed area will not be measured and paid for separately but shall be included in the work, unless otherwise specified in the contract. Payment will be made under: Pay Item Pay Unit Aggregate Bag Linear Foot Concrete Washout Structure Each Erosion Bales (Weed Free) Each Erosion Control Management Day (If in the contract) Erosion Log (Type 1) (_____ Inch) Linear Foot Erosion Log (Type 2) (______Inch) Linear Foot Erosion Log (Type 3) (______Inch) Linear Foot Pre-Fabricated Concrete Washout Structure (Type 1) Each Pre-Fabricated Concrete Washout Structure (Type 2) Each Pre-Fabricated Vehicle Tracking Pad Each Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard Removal and Disposal of Sediment (Equipment) Hour ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 68 Removal and Disposal of Sediment (Labor) Hour Removal of Trash Hour Rock Check Dam Each Sediment Basin Each Sediment Trap Each Silt Berm Linear Foot Silt Dike Linear Foot Silt Fence Linear Foot Silt Fence (Reinforced) Linear Foot Storm Drain Inlet Protection (Type__) Linear Foot Storm Drain Inlet Protection (Type__) Each Sweeping (Sediment Removal) Hour Temporary Berm Linear Foot Temporary Diversion Linear Foot Temporary Slope Drain Linear Foot Vehicle Tracking Pad Each Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor’s expense. Surface roughening and vertical tracking (temporary stabilization) will not be measured and paid for separately but shall be included in the work. Payment for each control measure item will be full compensation for all work and materials required to furnish, install, maintain, and remove the control measure when directed. Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use of the labor. Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of these structures throughout the duration of the project will not be measured and paid for separately, but shall be included in the work. Silt berm spikes and wood spikes will not be measured and paid for separately, but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216. Compost and wood stakes for Erosion Log (Type 2) will not be measured and paid for separately, but shall be included in the work. Spray-on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured and paid for in accordance with Section 213. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 69 Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately, but shall be included in the work. Sweeping, when used as a control measure as shown in the Contract, will be measured by the number of hours that a pickup broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment. The operator will not be measured and paid for separately, but shall be included in the work. Stakes, anchors, connections, geotextile, riprap, and tie downs used for temporary slope drains will not be measured and paid for separately, but shall be included in the work. Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately, but shall be included in the work. If additional aggregate for maintenance of vehicle tracking pads is required, it will be measured by the cubic yard in accordance with Section 304 and will be paid for under this Section as Maintenance Aggregate (Vehicle Tracking Pad). Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212, 213, 216, and 506. All work and materials required to perform the permanent control measure survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for control measures replaced as approved by the Engineer. Temporary erosion and sediment control measures required due to the Contractor’s negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor’s expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be provided at the Contractor's expense. PROJECT SPECIAL PROVISIONS The CDOT Standard Specifications and Standard Special Provisions are modified with the following Project Special Provisions. Revised 12/2023 REVISION OF SECTION 101 DEFINITIONS AND TERMS Section 101 of the CDOT Standard Specifications is hereby revised for this project as follows: The following changes are made to Subsection 101.02: Add the following definition: Approved Equal. A product, component or process whose use in or on a particular project is specified as a standard for comparison purposes only. The "equal" product, component or process shall be the same or better than that named in function, performance, reliability, quality, and general configuration. Determination of equality in reference to the project design requirements ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 70 will be made by the Engineer. It is the responsibility of the supplier to provide all necessary information for determining equality. Delete the definition for CDOT Resident Engineer and replace with the following: Public Works Director. The Public Works Director for the City, or their duly authorized representative, is responsible for public works activities within the City. The Public Works Director is responsible for final decisions relating to Contractor claims for contract modification orders, additional compensation, or extensions of contract time. All references to “CDOT Resident Engineer” shall be replaced with “Public Works Director”. In the definition for Contract, delete the first paragraph and replace with the following: The written agreement between the City and the Contractor setting forth the obligations of the parties for the performance of the work and the basis of payment. Delete the definition for Contractor and replace with the following: Contractor. The individual, firm, or corporation contracting with the City for performance of prescribed work. Delete the definition for Department and replace with the following: Department. Department of Public Works. A department with the City. Add the following definition: Easement. The right to use a defined area of property for a specific purpose or purposes as set forth in a document which has been made a part of the Contract Documents. Delete the definition for Engineer and replace with the following: Engineer. The CIP Program Manager of the Department acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. For the purpose of these specifications, the Engineer is responsible for initial decisions relating to Contractor claims for additional compensation or additional time. The Engineer or Director are the City representatives who may approve modifications to Contract documents or drawings. Delete the definition for Holidays and replace with the following: Holidays. Holidays recognized by the City are: New Year’s Day Martin Luther King, Jr. Day (observed) Presidents’ Day Memorial Day Juneteenth Independence Day Labor Day Veterans’ Day Thanksgiving Day Day after Thanksgiving Day Christmas Day When New Year’s Day, Juneteenth, Independence Day, Veterans’ Day or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered a holiday. Additional legal holidays, when designated by the Governor or the President of the United States, may also be recognized by the City. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 71 Add the following definitions: Lump Sum. A method of payment providing for one all-inclusive cost for the work or for a particular portion of the work; including any incidental costs necessary to perform that item of work. Notification of Award. A written notification of acceptance of the bid from the City to the successful bidder. Delete the definition for Preconstruction Conference and replace with the following: Pre-construction Conference. A meeting of City project personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful completion of the work are discussed. Delete the definition for Project Engineer and replace with the following: Project Engineer. The Engineer’s duly authorized representative who may be a City employee or an employee of a consulting engineer (consultant) under contract to the City as defined below: (a) City Project Engineer. The City employee who is the Engineer’s duly authorized representative. The City Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant’s Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer’s duties are delegated by the Engineer in accordance with the scope of work in the consultant’s contract with the City. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Delete the definition for Proposal Guaranty and replace with the following: Bid Bond. The security required to be submitted with each proposal to guarantee that the bidder will enter into the Contract if the proposal is accepted. All references to “Proposal Guaranty” shall be replaced by “Bid Bond”. Delete the definition for Region Transportation Director and replace with the following: Region Transportation Director. All references to “Region Transportation Director” shall be replaced by “Public Works Director”. Delete the definition for Right of Way and replace with the following: Right of Way. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway, street, alley, or other access. In the definition for Specifications, delete (a) and replace with the following: (a) Standard Specifications: The Colorado Department of Transportation’s book (including errata) titled Standard Specifications for Road and Bridge Construction. The book is divided into three parts namely: Add the following definition: Utility. Tracks, overhead or underground wires, pipelines, conduits, pipes, ducts, or structures, owned, operated or maintained in or across a public right-of-way or easement. In the definition for Workplace Violence, replace all references to CDOT with the City. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 72 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Subsection 102 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 102.01 and replace with the following: 102.01 Prequalification of Bidders. The City does not prequalify bidders. Each Contractor is required to complete the Contractors Qualification Form included in the Bid Package. In subsection 102.02, delete the first sentence and replace with the following: The City will publish bidding opportunities to prospective bidders on the Rocky Mountain E- Purchasing System (a division of BidNet) at www.rockymountainbidsystem.com (800-835-4603 option #2) and the City website at www.ci.wheatridge.co.us. In subsection 102.02, delete the second paragraph and replace with the following: All bidders on projects shall submit electronic bids only through BidNetdirect.com. Delete subsection 102.04 and replace with the following: 102.04 Interpretation of Plans and Specifications. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or explained in the Contract Documents or that the Contract Documents are not definite and clear, the Bidder may make written inquiry regarding same to the City Procurement contact before the Deadline for Questions specified in the advertisement for bids. Then, if in the judgment of the City, additional information or interpretation is necessary, such information will be supplied in the form of an addendum. Each addendum will be delivered where possible by posting to the City website and BidNet. Such addenda shall have the same binding effect as though contained in the main body of the Contract Documents. Oral instructions or information concerning the contract documents or the project given out by officers, employees, or agents of the City to prospective bidders shall not bind the City. If no request is made before the Deadline for Questions, Bidder waives right to any conflict in the Contract Documents. Delete subsection 102.06 and replace with the following: 102.06 Preparation of Proposal. The bidder shall submit his proposal upon the forms supplied by the City. When an item in the proposal contains a choice to be made by the bidder, the bidder shall indicate his choice in accordance with the specifications for that particular item, and thereafter no further choice will be permitted. The bidder’s proposal must be signed electronically by the individual, by one or more members of the partnership, by one or more officers of a corporation, or by an agent of the contractor legally qualified and acceptable to the City. If the proposal is made by an individual, his name, address, and DUNS number must be shown, by a partnership, the name, address, and DUNS number of each partner must be shown, by a corporation, the name of the corporation, the business address of its corporate office, and DUNS number must be shown. In subsection 102.07 delete paragraphs (7) and (9) In subsection 102.09, delete the second paragraph and replace with the following: The Bidder's Proposal will be rejected if it does not contain the completed Non-collusion Affidavit. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 73 Add subsections 102.11 – 102.13 as follows: 102.11 Disqualification of Bidders. Any of the following reasons may be considered as being sufficient for the disqualification of a bidder and the rejection of his proposal or proposals: (1) More than one proposal for the same work from an individual, firm, or corporation under the same or different name. (2) Evidence of collusion among Bidders. Participants in such collusion will not receive recognition as Bidders for any future work of the City until any such participant shall have been reinstated as a qualified Bidder. (3) If, during a Contract with the City, a Contractor or Subcontractor incurs liquidated damages as described in subsection 108.09, he shall be disqualified for a period of one (1) year from the date of final acceptance of that Contract. (4) Missing required documentation, certifications, license, or experience as required elsewhere in the project solicitation documents. 102.12 Bid Prices. Bidders must include, in their bid prices, the entire cost of each item of the work set forth in the proposal, and it is understood and agreed that there is included, in each lump sum or unit price bid, the entire cost of materials and labor incidental or necessary to the completion of that portion of the work covered, unless such work is expressly included in other lump sum or unit price bids in the proposal. Since the bid information cannot be guaranteed, the Contractor shall have assumed the risks attendant to successful performance of the work at the amount of the bid. 102.13 City Contract Laws. Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a) Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b) Budget contains appropriations. The City council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by the City council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the City council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 74 allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the City. All persons contracting with, or selling goods or services to, the City are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. Section 2-4 of the City Code of Laws is presented below: (a) The City may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The City council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. REVISION OF SECTION 103 AWARD AND EXECUTION OF CONTRACT Section 103 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals are opened and read, they will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit prices. The City reserves the right to settle bid discrepancies that occur in the low Bidder's proposal at the time the Contract is awarded. Bid discrepancies will be settled with the understanding that the low Bidder waives any claims against the City because of Bidder's mistakes in the Bid Proposal. In subsection 103.02 change the time of award from 30 calendar days to 60 calendar days. Subsection 103.04 shall include the following: Failure to execute the Contract and file acceptable bonds within 15 days after the date of award shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty which shall become the property of the City. As stated in subsection 103.02, the City will execute the contract award within 60 days of solicitation closing. The City may elect to waive forfeiture of the bid bond only if it is determined that the bidder has made a good faith remedial error and that no damages were sustained by the City as a result of the failure by the successful bidder to execute the Contract and file acceptable bonds within the ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 75 time prescribed. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under Contract or otherwise as the City may decide. Add subsections 103.05 – 103.06 as follows: 103.05 Cancellation of Award. The City reserves the right to cancel the award of any Contract at any time before the execution of said Contract by all parties without liability against the City. 103.06 Return of Bid Bonds. All bid bonds will be retained by the City. All proposal guaranties in the form of certified checks or cashier checks will be treated as follows: For the three lowest Bidders, the bid bond will be held until the Contract is awarded to the successful bidder. Bid bond will then be returned to the other Bidders. The bid bond of the successful Bidder will be returned upon receipt of executed Contract and approved payment and performance bonds. REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: Lane widths during construction shall not be less than 10 ft and a minimum clearance of two feet shall be maintained between traffic and the construction work zone. The Contractor will not be permitted to have construction equipment or materials in the lane(s) open to traffic at any time unless permitted by the Engineer. The Contractor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety, access, or the flow of traffic. REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 105.02 (f) shall include the following: 1. All Contractors who construct public storm drainage systems, bike paths, sidewalks, streets, or other items within Public property to be maintained by the City shall submit an “As Constructed” set of construction drawings for approval as a part of the City’s acceptance process. The initial submittal shall be one set of “red-lined” marked up prints, which should be delivered to the Inspector. Written City acceptance of the final As Constructed plan is a condition for final acceptance and release of retainage. As Constructed plans for construction of irrigation systems within public property to be maintained by the City shall be submitted per subsection 623.25. 2. All As Constructed information shall be red-lined and shown on the original construction drawings. The As Constructed drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than 1.0 foot should be shown dimensionally or through plus stations. Horizontal variations greater than 10.0 feet should also show the graphic relocation of the object. For construction of public storm drainage systems, vertical elevation variations greater than 0.1 feet shall be provided for all shown design elevations. For construction of all remaining project features, vertical elevation variations greater than 0.25 feet shall be provided for all shown design elevations. 3. The As Constructed Certificate (shown below) shall be signed and sealed by a Colorado professional engineer or professional land surveyor and shall appear on the cover sheet of ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 76 the As Constructed plan set. All sheets included in the Contract Drawings set must be submitted in the final As Constructed plan set. AS CONSTRUCTED CERTIFICATE I hereby certify that the information shown on this as constructed drawing is an accurate and complete representation of data established from field information obtained under the direction of a Professional Engineer or Professional Land Surveyor, and that the physical dimensions or elevations shown are as-built information and the facility was constructed according to the approved plans, except as otherwise noted herein. __________________________________ ______________________________ Name License # __________________________________ ______________________________ Title Date In subsection 105.03 delete and replace the first sentence of the seventh paragraph as follows: Materials may be sampled and tested by the Department in accordance with the City’s Permit Testing and Inspection Requirements and CDOT's Field Materials Manual. Delete subsection 105.09 (a) and replace with the following: (a) Special Provisions 1. City General Provisions 2. Project Special Provisions 3. Standard Special Provisions Subsection 105.09 shall include the following: Any discrepancy or error discovered in the Drawings, Specifications, or during field construction shall be immediately called to the attention of the Engineer through submission of a “Request for Information” (RFI) document. Only the Engineer may authorize a modification to the contract documents via written response to an RFI. Neither the Inspector nor Project Engineer may authorize alterations, in-field changes, or modifications to the project, whether orally or written, unless said change is so minor in nature that grades, horizontal geometry, detail, or the original purpose and intent of the drawings are not altered. Concurrence by the Inspector, Project Engineer, or any other City representative in the field or on the daily inspection report does not constitute approval of any element of the project. The Contractor is solely responsible for constructing the project according to the contract documents. Subsection 105.10 shall include the following: Not furnishing a competent superintendence will be grounds for suspension of the Project until such superintendence is furnished by the Contractor. Contract time will continue in the event of a work suspension caused by lack of furnishing a project superintendence satisfactory to the City. Subsection 105.16 shall include the following: The Department will provide all inspection during construction. The Inspector will oversee the materials testing. The Contractor shall keep the Inspector informed of future construction operations to facilitate scheduling of required inspections. The Contractor shall notify the Inspector 24 hours in advance of starting any construction operation that will require inspection. Failure of the Contractor to provide such notice shall relieve the City from any responsibility for extra costs or delays caused by such failure. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 77 Inspection of the work or materials by the City or conversations made between the Contractor and the Inspector shall not relieve the Contractor of the obligation to fulfill the requirements of the Contract. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, not-withstanding that such work or materials have been previously inspected by the City or that payment thereof has been included in a progress estimate. Inspection and acceptance of work pertaining to utilities not owned by the City shall be made by a representative of the owning utility. The Contractor shall obtain required permits and/ or licenses and notify & schedule an inspection by the owning utility prior to commencing any work so that a representative may be made available to approve the work to be performed. Subsection 105.21 (a) shall include the following: The one-year guarantee period for the portion or unit of the project partially accepted will not begin until completion of the entire project unless otherwise agreed to by the Engineer. In subsection 105.22 change all references to “CDOT” to the “City” and remove all references to subsection 105.23. Subsection 105.22 shall include the following: In accordance with Section 2-4 of the City Code, as provided in subsection 102.13 of the City Special Provisions, the Contractor shall waive, release or extinguish its rights to recover costs or damages, or equitable adjustment, for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility. An extension of time for completion of the work shall be the Contractor’s remedy for such delay. The Contractor shall not be entitled to additional monetary compensation for delays caused by the failure of a utility company or special district to relocate its facilities in timely manner. An extension of time for completion of the work shall be the Contractor’s remedy for such delay. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications. In subsection 105.22 (d) delete the last paragraph and replace with the following: If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the Contractor may file a claim in accordance with subsection 105.24. Delete subsection 105.23. In subsection 105.24 change all references to “CDOT” to the “City” and remove all references to subsection 105.23. In subsection 105.24 change the reference to “City and County of Denver” and replace with “Jefferson County”: Add subsection 105.25 as follows: 105.25 Protection of Survey Markers. Survey markers shall be protected as follows: (a) Permanent Survey Markers. Should the Contractor believe that a survey monument, control point, or benchmark will be disturbed by construction activities, the Contractor shall notify the Engineer not less than seven days prior to starting work in order that the Engineer may take necessary measures to insure the preservation of survey monuments, stakes, and benchmarks. The Contractor shall notify the Engineer and bear the expense of replacing any that may be disturbed without permission. Replacement shall be done by a Registered Land Surveyor at no expense to the City. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 78 When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the monument cover or box shall be adjusted to the new grade. (b) Lot Stakes. Unless otherwise directed by the Engineer or shown in the plans, the Contractor shall preserve existing survey stakes that mark property lines and corners. Any stakes that become lost or disturbed by his operations shall be replaced at the Contractor's expense by a registered land surveyor. Any lot corners marked on sidewalks that are designated for removal by the Contract Documents or the Engineer are not the responsibility of the Contractor for replacement. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the CDOT Standard Specifications is hereby revised for this project as follows: Delete subsection 106.01 and replace with the following: 106.01 Source of Supply and Quality Requirements. All materials used shall meet all quality requirements of the Contract. The Contractor shall notify the Engineer of the proposed sources of materials at least two weeks prior to delivery. When alternative materials are permitted for an item in the Contract, the Contractor shall state at the Pre-construction Conference the material that will be furnished for that item. In order to establish a basis of quality, certain processes, types of machinery and equipment, or kinds of materials may be specified either by description or process or by designating a manufacturer by name and referring to that brand or product designation, or by specifying a kind of material. It is not the intent of the specifications to exclude other processes, equipment or materials of equal value, utility or merit. Whenever a process is designated, or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation, or description, whether in fact they do so or not. If it is desirable to furnish items of equipment by manufacturers other than those specified, as a substitute after the contract is executed, the Contractor shall secure approval prior to placing a purchase order or furnishing the same. If the proposal includes a list of equipment, materials, or articles for which the Contractor must name the manufacturer at the time of submission of the bid, no substitutions therefore will be permitted after a proposal has been accepted without the express consent of the Owner. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. Delete subsection 106.03 and replace with the following: 106.03 Samples, Test, Cited Specifications. Materials sampling and testing shall be performed at the expense of the Contractor. The Contractor shall employ an independent materials testing company to sample and test the materials or the finished product in accordance with the City Materials Testing Requirements, per Section 720 of the City Special Provisions. All materials sampling, testing and inspection shall be performed by certified field technicians who work under the supervision of a registered professional engineer in the State of Colorado practicing in this field. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 79 Field technicians shall furnish copies of failed test results to the Engineer within two working days of completion and prior to the next phase of construction. On a weekly basis, the Contractor shall furnish the Engineer with copies of all test results taken that week and a cover letter, signed by the supervising registered professional engineer, which summarizes the results and addresses any failed tests or inconsistencies. Unless otherwise designated, all specifications, standards or policies referenced in Section 720 shall be the latest edition as revised or updated by approved supplements published and issued prior to the date of the advertisement for bids. Subsection 106.08 shall include the following: The Contractor will not receive compensation for storage of topsoil or other materials generated on site that are stored either onsite or offsite for later disposal or inclusion into the Work. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the CDOT Standard Specifications is hereby revised for this project as follows: Subsection 107.12 shall include the following: Property pins, right-of-way markers and other survey corners shall remain undisturbed until a method of preserving or perpetuating such markers is approved by City. Should any such markers be disturbed, destroyed or removed without obtaining said approval, the Contractor shall be assessed for any costs incurred in resurveying, resetting, and registering said markers. In subsection 107.15 change all references to “Department” and CDOT” to the “City”. Subsection 107.15 shall include the following: Certificates of Insurance shall be attached to the executed Contract Documents and shall become a part of the contract. These certificates shall include a provision that thirty days prior to insurance cancellation, written notice shall be given to the City. Add subsection 107.18 as follows: 107.18 Contractor’s Responsibility During Warranty. The Contractor shall, at his sole expense and cost, remedy any defects in the work, and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of work unless a longer period is specified. The City will give notice of defects with reasonable promptness upon their discovery. In subsection 107.25, change all references to “CDOT” to “City”. In subsection 107.25 (b), change reference to Region Planning and Environmental Manager (RPEM) to “City Stormwater Coordinator (CSC)”. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 108.01 delete the second sentence and replace with the following: Prior to beginning any work by subcontractor, the Contractor shall request permission from the Engineer. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 80 In subsection 108.01 delete the sixth paragraph. In subsection 108.02 delete the last sentence and replace with the following: The Contractor shall commence work under the Contract within 14 calendar days of the date of the Notice to Proceed. In subsection 108.03 change all references to “CDOT” to “City” Delete subsection 108.04 (a) and replace with the following: (a) Initial Payment Schedule. At the time of the Preconstruction meeting, the Contractor shall submit to the City a schedule of partial progress payments. This schedule will show the percentage of Work anticipated to be completed and the date and dollar amount of each anticipated progress payment. In subsection 108.04 (b) delete the second, third, fourth, and fifth paragraphs. Subsection 108.05 shall include the following: Working hours under this Contract shall be between 7:00 am and 5:00 pm. The Contractor shall not operate equipment before 7:00 am and shall schedule all work operations to be completed before 5:00 pm. Work after 5:00 pm will not be allowed except when required for circumstances beyond the Contractor’s control and when approved by the Engineer. Work between 5:00 pm and 6:00 pm on more than two consecutive working days will be charged as one-half working day. Work after 6:00 pm on any day will be charged as one-half working day. Contractor operations in lanes open to traffic are not allowed between the hours of 6:30 am to 8:30 am and 3:30 pm to 6:30 pm, unless otherwise approved by the Engineer. These restrictions apply to temporary delays including ingress and egress of materials, etc. Subsection 108.08 shall include the following: An extension of time for completion of the work shall be the Contractor’s sole remedy for delays in performing this contract if such delay is caused, in whole or in part, by acts or omissions of the City or its agents unless the Department accepts responsibility. An extension of time for completion of the work shall be the Contractor’s remedy for delays in performing this contract caused by the failure of a utility company or special district to relocate its facilities in timely manner. Relief from failure of utility companies to fulfill their responsibilities is discussed in subsection 105.11 of the Standard Specifications and the City Special Provisions. In subsection 108.09, change all references for “calendar days” to “working days” In subsection 108.10, change all references to “CDOT” to “City”. REVISION OF SECTION 109 MEASUREMENT AND PAYMENT In the twenty ninth paragraph of subsection 109.01 change “Department” to “CDOT”. Delete subsection 109.04 (f) and replace with the following: (f) The Contractor’s representative and the Inspector shall, on a daily basis, agree in writing on the quantities of labor, equipment and materials used for work, extra work, and/ or force account work. Subsection 109.04 (h) shall include the following: Time extension for force account work shall be allowed only if a controlling operation or critical path item of the project is interrupted. Time extension requests shall meet the requirements of ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 81 subsection 108.08. Force account items shall be completed in a workmanlike manner so as not to cause undue delays. In subsection 109.06 (a) delete the second sentence and replace with the following: The amount to be retained will be 5 percent of the value of the completed work including change orders and contingency. Delete subsection 109.06 (b) and replace with the following: (b) Securities are not acceptable to the City in lieu of standard amount retained. In subsection 109.06 (f) remove all references to CDOT Form No. 205. Delete subsection 109.06(h) and replace with the following: (h) Monthly Reporting. On a monthly basis, the Contractor shall submit a monthly payment report to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate monthly payment report shall be grounds for the City to withhold subsequent payments or retainage from the Contractor. Add subsection 109.08 as follows: 109.08 Final Guarantee. All work shall be and is guaranteed by the Contractor for a specified period of one year from and after the date of written final acceptance of all work by the City, unless a longer period is specified. All other current applicable State statutes shall apply. If within the guarantee period, non-emergency repairs, changes, or replacements are required in connection with guaranteed work which, as determined by the City, is rendered necessary as the result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract, the Contractor shall, within 14 calendar days from receipt of notice from the City, and without expense to the City: (a) place in satisfactory condition, in every particular, all of such guaranteed work, correct all defects therein, or proceed with replacement of defective or unsatisfactory work where deemed necessary by the Engineer; and (b) make good all damage to the building site, equipment or contents thereof which, in the opinion of the Engineer, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the contract; and (c) make good any work or material disturbed, or the equipment and contents of any building or structure on the site, in fulfilling any such guarantee. In the case of emergency repairs, changes or replacements, the Contractor shall promptly upon receipt of notice from the City and without expense to the City, perform the necessary actions to remediate the situation. Revised 7/2024 REVISION OF SECTION 207 TOPSOIL Section 207 of the CDOT Standard Special Provision is hereby revised for this project as follows: Subsection 207.02 shall include the following: Topsoil will consist of a typical Colorado sandy loam mix, amended with a minimum of 20% organics, certified weed seed free, and screened to ½ inch. ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 82 Subsection 207.06 shall include the following: When used, topsoil shall be put down after backfill has been compacted, in the area to be seeded, sodded, or planted, by compacting and fine raking to establish final grade. Topsoil will be feathered along exposed edges to match adjacent grade. Revised 12/2023 REVISION OF SECTION 208 EROSION CONTROL UNDER ONE ACRE OF DISTURBANCE Section 208 of the CDOT Standard Specifications is hereby revised for this project as follows: In subsection 208.03 change the following references: All references to “Standard Plans M-208-1, M-216-1, and M-615-1” to “standard details”. All references to “Form 105” to “Stormwater Quality Photo Report”. In the first paragraph of subsection 208.03(c) change the reference to “Department” to “CDOT”. Subsection 208.04 (f) shall include the following: Any sediment or debris which may have accumulated as a result of construction in any waterway, swale, stormwater detention area, inlet structure, curb, pipe or any other system of conveyance of water shall be promptly removed by the Contractor to the satisfaction of the Engineer. This includes routine cleaning and maintenance of any control measure that prevents construction sediment from entering a City stormwater collection system or directly into a waterway. Add subsection 208.05 (u) (u) Street Sweeping The Contractor shall make every effort to ensure that sediment and construction debris does not leave the construction site and be deposited on surrounding streets. Recognizing that complete prevention of migrating soil and rock material may not be possible, the City has provided a reasonable allowance for Street Sweeping mobilizations. Each Street Sweeping unit shall consist of one mobilization and a minimum of 2 hours of Street Sweeping with a mechanized wet sweeping device designed to minimize dust while removing all evidence of construction activity from all surrounding streets. The time during each mobilization may be extended by request of the City, to ensure that all construction debris is removed from existing streets, at no additional cost or pay item charge to the City. Should the City determine that additional Street Sweeping mobilizations are required during the course of the Project to remove construction debris from the project site or surrounding streets, the City shall notify the Contractor, and the Contractor shall provide these at no additional cost to the City. All evidence of Construction debris on surrounding streets extending less than 50 feet beyond the Limits of Construction shall be promptly removed by the Contractor by sweeping at the end of each working day, at no additional cost to the City. Significant evidence of Construction debris extending beyond fifty (50) feet from the Limits of Construction shall be removed by the Contractor at the end of each work week, or the last working day before a weekend or holiday, whichever comes sooner. To perform this removal, the Contractor may utilize a Street Sweeping pay item, or remove the debris via conventional sweeping (in a manner to control dust), at no additional cost to the City. Once the Contractor has exhausted his Street Sweeping pay item quantity, the Contractor shall regularly remove (per the requirements of this Section) Construction debris via Street Sweeping or other sweeping method designed to minimize dust (pressure washing or use ITB-24-159-YOUNGFIELD SCOUR REPAIR Page 83 of only water for purposes of cleaning is not acceptable) to the end of Construction Activity at no additional cost to the City. In the first paragraph of subsection 208.10(b) delete the third sentence. In the second paragraph of subsection 208.10(b) replace the third and fourth sentences with the following: The Engineer will perform a walkthrough of the PWQ control measures to confirm conformance to material requirements, locations, and dimensions. Before the walkthrough, the Contractor shall provide the corrected survey to the Engineer. ITEM NO: 1b DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A CONTRACT AMENDMENT WITH A-1 CHIPSEAL COMPANY FOR THE 2024 ASPHALT CRACK SEAL PROJECT IN THE AMOUNT OF $87,242 WITH A CONTINGENCY AMOUNT OF $6,725 FOR A TOTAL NOT TO EXCEED THE AMOUNT OF $93,967 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: The City periodically performs asphalt crack sealing as part of the annual preventive maintenance program to help maintain pavement condition and prevent more costly pavement repairs. Zone 1 of the city’s six maintenance zones was inspected by city staff. Various street segments with significant cracking were identified for inclusion in the proposed contract to receive a crack sealing treatment. The 2022 contract with A-1 Chipseal Company is being amended per the terms of the contract for the 2024 crack sealing project. The contract amendment also includes work to be performed in the City of Edgewater. Wheat Ridge will be reimbursed for all work performed within Edgewater. PRIOR ACTION: The original contract with A-1 Chipseal was approved by the City Council at the April 25, 2022, City Council meeting. The contract allows for up to three renewals/amendments. Council Action – Asphalt Crack Seal Award of Contract Amendment October 28, 2024 Page 2 FINANCIAL IMPACT: Funding for this work is available and is included in the 2024 Capital Improvement Program budget: Program Account Number Allocation Preventative Maintenance 30-303-800-884 $93,967 The total cost of crack sealing in the Zone 1 maintenance district is $67,242. An approximate 10% contingency of $6,725 is included in the work as it is difficult to precisely estimate the exact amount of crack seal that’s required. Additionally, staff is proposing to partner with the City of Edgewater to achieve economies of scale on unit pricing. An additional $20,000 is included in the total contract amount for crack sealing within Edgewater city limits. The total contract amount is summarized as follows: Item Fee City of Wheat Ridge Zone 1 – Crack Seal $67,242 City of Wheat Ridge - Contingency $6,725 City of Edgewater – Crack Seal $20,000 Total Contract Amount $93,967 The City of Wheat Ridge will invoice Edgewater for their portion of the completed work. BACKGROUND: Crack sealing is typically performed to seal cracks in the city’s asphalt-paved streets. Cracking in asphalt is normal but can lead to more significant deterioration and reduced pavement life as it allows water intrusion into the sub-pavement base. By crack sealing regularly, the growth of cracks may be minimized thus prolonging the life of the pavement. Information on the project will be posted to the City’s website and through the City’s social media channels. Additionally, the contractor will be required to provide notification to individually impacted residents. RECOMMENDATION: Staff recommends that the existing contract with A-1 Chipseal Company be amended to include funding for the 2024 crack seal project in the amount of $93,967. RECOMMENDED MOTION: “I move to approve a contract amendment with A-1 Chipseal Company for the 2024 Asphalt Crack Seal project in the amount of $87,242, with a contingency amount of $6,725, for a total not to exceed amount of $93,967.” Or, “I move to deny approval of a contract amendment with A-1 Chipseal Company for the 2024 Asphalt Crack Seal project for the following reason(s) _______________.” Council Action – Asphalt Crack Seal Award of Contract Amendment October 28, 2024 Page 3 REPORT PREPARED/REVIEWED BY: Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Contract Amendment 2. Wheat Ridge Crack Seal Street List 3. Improvement Zones Map CITY OF WHEAT RIDGE AMENDMENT TO ITB-22-2022 Slurry Project AGREEMENT AMENDMENT #1, Date: October 10, 2024 Pursuant to the original contract with A-1 Chipseal Co., 2505 E. 74th Ave., Denver, CO 80229, regarding Construction Services related to Slurry and Chipseal on City-owned streets, the City hereby authorizes the amendment to the contract as follows: 1.Article 1- Scope of Work: a.The City is exercising its right to renew the agreement with A-1 Chipseal for an additional term.b.The work to be completed under this amendment includes:i.Crack Sealing at multiple locations,ii.Edgewater Partnership – As part of this project, A1 Chipseal will also perform work inEdgewater and the City of Wheat Ridge will be reimbursed for that effort. 2.Article 2- Term a.Work is expected to begin upon receipt of the Notice to Proceedb.Work is expected to be substantially complete by: December 31, 2024 3.Article 3- Compensation: a.The agreed upon not-to-exceed amount for this amendment is: $93,967b.The project total will not exceed $67,242. The Edgewater portion of the work will not exceed $20,000.The project contingency will not exceed $6,725. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Kent Kisselman, CIP Manager Date Signed ______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ATTACHMENT 1 In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR” City of Wheat Ridge A-1 Chipseal Co. 7500 West 29th Avenue 2505 E. 74th Ave. Wheat Ridge, CO 80033 Denver, CO 80229 By: By: ________________________________ ___________________________ Bud Starker, Mayor Authorized Signature ________________________________ ___________________________ Date Date ___________________________ Title ___________________________ Print or Type Name 2024 CRACK SEAL PROGRAM Bid Schedule STREET NAME SEGMENT ITEM UNIT QTY FEE 34th Place Ward Road to Union Street Crack Seal LBS 1348 3,504.80$ Peirson Street 33rd Avenue to 32nd Avenue Crack Seal LBS 615 1,599.00$ Parfet Street 32nd Avenue to 38th Avenue Crack Seal LBS 428 1,112.80$ Lee Street 35th Avenue to 38th Avenue Crack Seal LBS 1110 2,886.00$ 37th Place Lee Street to Lewis Street Crack Seal LBS 119 309.40$ Lewis Street 37th Place to Lee Street Crack Seal LBS 259 673.40$ 37th Avenue Lee Street to Kline Street Crack Seal LBS 276 717.60$ Kline Street 37th Avenue to 35th Avenue Crack Seal LBS 336 873.60$ Miller Court 38th Avenue to 35th Avenue Crack Seal LBS 696 1,809.60$ Oak Street 41st Avenue to 38th Avenue Crack Seal LBS 1402 3,645.20$ Pierson Street 38th Place to Cul de sac Crack Seal LBS 736 1,913.60$ 38th Place Parfet Street to Pierson Court Crack Seal LBS 497 1,292.20$ Quail Court 38th Place to 38th Avenue Crack Seal LBS 599 1,557.40$ Tabor Court 38th Avenue to 39th Place Crack Seal LBS 269 699.40$ 39th Place Tabor Court to Taft Court Crack Seal LBS 161 418.60$ Taft Court 39th Place to 38th Place Crack Seal LBS 213 553.80$ 38th Place Taft Court to Tabor Court Crack Seal LBS 186 483.60$ Simms Court 38th Avenue to Cul de sac Crack Seal LBS 2048 5,324.80$ 40th Circle Simms Street to Cul de sac Crack Seal LBS 281 730.60$ Simms Court 40th Circle to 38th Avenue Crack Seal LBS 1294 3,364.40$ 38th Place Simms Street to Cul de sac Crack Seal LBS 241 626.60$ 39th Circle Simms Street to Cul de sac Crack Seal LBS 198 514.80$ 39th Place Simms Street to Cul de sac Crack Seal LBS 229 595.40$ Simms Street Simms Court to Cul de sac Crack Seal LBS 120 312.00$ Routt Street 38th Avenue to 39th Place Crack Seal LBS 949 2,467.40$ 39th Place Routt Street to Robb Street Crack Seal LBS 842 2,189.20$ 40th Avenue 39th Place to End of road Crack Seal LBS 237 616.20$ Robb Street 39th Place to 38th Avenue Crack Seal LBS 742 1,929.20$ 38th Place Routt Street to Cul de sac Crack Seal LBS 418 1,086.80$ 39th Avenue Routt Street to Cul de sac Crack Seal LBS 126 327.60$ 39th Place Routt Street to Cul de sac Crack Seal LBS 280 728.00$ Rolfe Court Routt Street to Cul de sac Crack Seal LBS 379 985.40$ 39th Place Tabor Court to Taft Court Crack Seal LBS 161 418.60$ 38th Drive 38th Avenue to Cul de sac Crack Seal LBS 558 1,450.80$ Wright Court 38th Drive to end of street Crack Seal LBS 114 296.40$ Wright Street 38th Drive to end of street Crack Seal LBS 184 478.40$ Subtotal - Crack Seal LBS 18651 48,492.60$ Parfet Street 32nd Avenue to 38th Avenue White pavement marking tape SF 868 0 Parfet Street 32nd Avenue to 38th Avenue Double yellow epoxy paint SF 1754 0 Parfet Street 32nd Avenue to 38th Avenue White marking tape (24")SF 112 0 Oak Street 41st Avenue to 38th Avenue White pavement marking tape SF 94 0 Oak Street 41st Avenue to 38th Avenue Double yellow epoxy paint SF 191 0 Oak Street 41st Avenue to 38th Avenue White marking tape (24")SF 28 0 Subtotal - Pavement markings SF 3047 0 Traffic Control 17,250.00$ Mobilization 1,500.00$ TOTAL FEE 67,242.60$ City of Wheat Ridge Public Works Department Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the IT Division. Thank you. From:Kent Kisselman To:Whitney Mugford-Smith Cc:Maria D"Andrea Subject:FW: Crack seal quote for 2024 program Date:Wednesday, October 9, 2024 12:00:49 PM Attachments:image001.png2024 Crack Seal_Bid Schedule Filled In.xlsx Whitney,   Here is the crackseal quote from A1 Chipseal to complete the addendum.   We also need to add an alternate: Edgewater crackseal for $20,000   Edgewater is going to pay their portion, this is something Maria has been working onwith them. They provided a list of streets.   We would like to have this on the council agenda for the 28th with the Scour project (if that gets sorted).   Let me know what else you need from us.  Thank you  Kent  From: Ronald Clem <RClem@ci.wheatridge.co.us> Sent: Tuesday, October 8, 2024 2:30 PM To: Kent Kisselman <kkisselman@ci.wheatridge.co.us>; Jordan Jefferies <jjefferies@ci.wheatridge.co.us> Subject: FW: Crack seal quote for 2024 program Gentleman, Please see the attached for the 2024 Crack Seal numbers we were waiting on. Thanks From: Mike Starr <mstarr@asphaltrepair.com> Sent: Tuesday, October 8, 2024 11:56 AM To: Ronald Clem <RClem@ci.wheatridge.co.us> Subject: RE: Crack seal quote for 2024 program Here you go. I’m a little better on the pricing since there is a higher quantity. And, I broke out mob and TC. The all-in price is about $3.60/lb. Let me know if you have any questions. Thanks, Mike Starr Key Account Manager A-1 Chipseal Co. & Rocky Mountain Pavement, LLC 303-589-7356 (direct) 303-650-9669 (fax) mstarr@asphaltrepair.com http://www.a-1chipseal.com http://www.asphaltrepair.com This communication, together with any attachments hereto or links contained herein, is for the sole use of the intended recipient (s) and may contain information that is confidential or legally protected. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system. From: Ronald Clem <RClem@ci.wheatridge.co.us> Sent: Tuesday, October 8, 2024 8:24 AM To: Mike Starr <mstarr@asphaltrepair.com>; Rogelio Contreras <rogelio@a-1chipseal.com> Subject: Crack seal quote for 2024 program Good morning, I was just checking up on the quote for the crack seal for this season. The last email that I received had the paint items being eliminated from 10/2/2024. If possible can we get a final version by the end of the week. This is so we can schedule out for manpower etc. Thank and have a great week. CITY OF WHEAT RIDGE ITB-22-2022 SLURRY PROJECT A-1 Chipseal Company Agreement THIS AGREEMENT, made this _26th_ day May 2022 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and A-1 Chipseal Co., doing business as an individual, whose business address is 2505 E. 74th Ave., Denver, CO 80229, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to complete the construction of the Project titled, ITB-22-2022 SLURRY PROJECT, in accordance with theContract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for a Contract Total Not to Exceed: Two hundred eighty-two thousand, eight hundred sixty-one dollars and sixty-five cents. ($282,861.65) which includes alternates 1 & 2. 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 45 working days afterthe date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A.Advertisement for Bid B.Information for BiddersC. D. E. F. G. H. I. J. K. General Provisions Bidder Acknowledgement Form Contractor Qualification Form List of Subcontractors and Amount Non-Discrimination Assurance Form Workers Without Authorization Form Non-Collusion Affidavit Keep Jobs in Colorado Form Proposal Form L.Pricing ScheduleM. Bid Bond Form N.Agreement0.Payment BondP.Performance Bond Q.Notice to ProceedR.Final Receipt S.Project SpecificationsT.Addenda U.Drawings/Exhibits 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions,such amounts as required by the Contract Documents. 6.Section 2-3 (a) -(e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the City shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The City Council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the City Council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposesspecified therein. During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services,shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, norshall any contract be entered into nor any bid be awarded by or on behalf of the City which, byits terms, involves the expenditure of money for any of the purposes for which provision is madeeither in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved ITB-22-SLURRY PROJECT Page 1 05/26/22 ITB-22-SLURRY PROJECT Page 19 KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company (Name of Contractor) 2505 E. 74th Avenue, Denver, CO 80229 (Address of Contractor) PAYMENT BOND Bond No. 30159561 A CorQQ_ration Western Surety Company (Name of Surety) 151 N. Franklin Street, Chicago, IL 60606 (Address of Surety) hereinafter called "PRINCIPAL", and hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of Two Hundred Eighty-Two Thousand, Eight Hundred Sixty-One and 65/100---- dollars ($ 282,861.65---- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________________________ day of ,2022, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-22-, 2022 SLURRY PROJECT. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-22-SLURRY PROJECT Page 20 PRIN]( :A & • !-······•. 0 ''lo C"'= AL/:' ·.-;) V LJ"\ :•< ,. IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the _ _ _ _ _ _ _ _ _ _ _ day of ,2022 2505 E. 74th Avenue, Denver, CO 80229 PRINCIPAL A-1 Chipseal Company/' qf -; s,e•a=-=c .,._ 2505 E. 74th Avenue, Denver, CO 80229 ADDRESS t:o POR/4 ): \ 11/09/1992 _: ,;_ ($1::dlL) 0 _. 0:: L.OR ?.··• .I ··*······ ATTEST: - - 8055 E.Tufts Avenue, #1000, Denver, CO 80237 ADDRESS SURETY Western Surety Company SURETY 151 N. Franklin Street, Chicago, IL 60606 ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ADDRESS itness BY'f,...,,.;.u. Gr,"1.-...w,.J,,. .. f'""-tJ. ITB-22-SLURRY PROJECT Page 21 t PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Company (Name of Contractor) 2505 E. 74th Avenue, Denver , CO 80229 (Address of Contractor) Bond No. 30159561 A Cor,2oration Western Surety Company (Name of Surety) 151 N. Franklin Street, Chicago, IL 60606 (Address of Surety) hereinafter called "PRINCIPAL", and hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of Two Hundred Eighty-Two Thousand Eight Hundred Sixty-One and 65/100---- dollars ($ 282 861.65--- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of ,2022, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-22- 2022 SLURRY PROJECT NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 'Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-22-SLURRY PROJECT Page 22 c ... \ r IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of ,2022 2505 E. 74th Avenue, Denver, CO 80229 ADDRESS _Jltllfll-•••..,., h \ ·.-,;:;.a..,d.·.. .?...:, PRINCJPAL BY 2505 E. 74th Avenue, Denver, CO 80229 ADDRESS l ,.,_CJ_.·.·\.) ? ORAr -:··. \, ' : " <-"'• - AL - · 1 < : ( SE Lf : i l :.. 11 /09/19 92 ..: § ·••,0._o, na.r.,.,.'0?.··.· ,,,,,,. SURETY 8055 E. Tufts Avenue, #1000, Denver, CO 80237 ADDRESS Western Surety Company SURETY 151 N. Franklin Street, Chicago, IL 60606 ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and exiMing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jody L Anderson, Evan E Moody, Karen A Feggestad, Tina Marie Post, Bradley J Moody, Andrew J Waterbury, Elizabeth Ostblom, Individually of Denver, CO, it true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to ign , seal and execute for and on its behulf bond . undert akings and other obligatory in truments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instrument s were signed by a duly authorized officer of the corporat ion and all the acb of said Attorney, pursuant to the authority hereby given, are hereby ratified and confim1ed. Th i Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the ha reholder of the co rporntio n. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be igned by its Vice President and its co rporate eat to be hereto affixed on this 22nd day of December, 2021. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY £?-t'rt1f:1::...,.v;« ,;a,m On this 22nd day of December , 2021 , before me personally came Paul T. Bruflat, to me known, who, being by me duly s worn , did depose and say: thut he resides in the City of Sioux Falls , State of South Dakota; that he is the Vic e President of WESTERN SURETY COMPANY described in and which exe cuted the above in st rument ; that he know the seal of said co rporation ; that the eal affixed to the said instrumen t is s uch corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he igncd hi\ name thereto pur uant to like authority, and acknowledges same to be the act and deed of said corpo ration . My comm iss io n expires March l_, 2026_ . ............_.. ....,...... ................... J M. BENT f f NOWIYPUBI.IC f ..........................D..A..K.....O..T...A...\.a..r..V.j CERTIFICATE m. &:IM. B:ent, Notary Public I, L. Nelson, Ass is tant Secretary of WESTERN SU RETY COMPANY do hereby certify that the Power of Attorney here inabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In te s timony whereof I have hereunto sub scribed my name and affixed the seal of the said corporation this day of Fonn F4280-7 -2012 WESTERN SURETY COMPANY c; ' '="ry Go to www.cnasuret y.com >Owner/ Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority lo issue bonds, policies, or undertakings in the name of the Company . The corporate seal is not necessary for the validity of any bonds, policies, unde11akings, Powers of Attorney or other obligations of the corporation . The signature of any such officer and the corporate seal may be printed by facsimi le . LTR INSD WVD Ut\Mt\ CWt"''I t:U 05/05/2022 - I DATE (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver co 80237 CONTACT Moody Insurance Agency NAME: r.,vgNJa. Exll: (303) 824-6600 I f.vc Nol: (303) 370-0118 Ai%"J ss: certrequest@moodyins.com INSURER(S) AFFORDING COVERAGE NAlC# INSURERA : Selective Insurance Co of America 12572 INSURED A-1 Chipseal Company, DBA: Rocky Mountain Pavement, LLC 2505 E. 74th Ave Denver co 80229 INSURERB : Pinnacol Assurance 41190 INSURER c: Evanston Insurance Company 35378 INSURERD: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 22/23 Master REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN:>N TYPE OF INSURANCE POLICY NUMBER <Mwooiv'Wv, 1Mwo'6iv'vv'v1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 I CLAIMS MADE [81OCCUR - y - S2501487 02/01/2022 02/01/2023 PREMISES Ea occurrence) MED EXP IAnv one oersonl PERSONAL & ADV INJURY $ 300,000 $ 10,000 $ 1,000,000 9 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PJREOC-T - OTHER: □L OC PRODUCTS · COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY -X ANY AUTO COMBINED SINGLE LIMIT fEa accidenll BODILY INJURY (Per person) $ 1,000 ,000 $ A -- A -X OWNED - AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB SCHEDULED y AUTOS NON- OWNED AUTOS ONLY OCCUR CLAIMS-MADE S2501487 S2501487 02/01/2022 02/01/2022 02/01/2023 02/01/2023 BODILY INJURY (Per accident) PROPERTY DAMAGE {Per accidenll EACH OCCURRENCE AGGREGATE s $ s s 10,000,000 $ 10,000,000 OED I XI RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N XI ¥fTuTE I $ OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) II ves, describe under DESCRIPTION OF OPERATIONS below Pollution Liability C NI A 4055760 CPLMOL105319 02/01/2022 02/01/2021 02/01/2023 02/01/2023 E.L. EACH ACCIDENT E L. DISEASE - EA EMPLOYEE E L DISEASE • POLICY LIMIT Each Occurrence Limit Aggregate Limit Deductible $ 500,000 $ 500 , 0 00 $ 500,000 $5,000,000 $5,000,000 $10,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached tt more space Is required) RE: ITB-22-2022 Slurry Project CERTIFICATE HOLDER CANCELLATION City of Wheat Ridge SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. I Public Works Department 7500 W. 29th Ave Wheat Ridge co 80033-8001 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) A - I B © 1 9 8 8 - 2 0 1 5 A C O R D C O R P O R A T I O N . A l l r i g h t s r e s e r v e d . The ACORD name and logo are registered marks of ACORD AC;;;,- AGENCY CUSTOMER ID: LOC #: -------- ADDITIONAL REMARKS SCHEDULE Page of AGENCY Moody Insurance Agency, Inc. NAMED INSURED A-1 Chipseal Company, OBA: Rocky Mountain Pavement, LLC POLICY NUMBER CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS Additional Named Insureds: A-1 Chipseal Company OBA Rocky Mountain Pavement, LLC Black Rock Material & Supply, LLC Location Schedule: 2505 E. 74th Avenue, Denver, CO 80229 7231 Cole VW, Colorado Springs, CO 80915 7520 & 7560 Space Village Avenue, Colorado Springs, CO 80929 1100 Harlem, Pueblo CO 81001 10800 Highway 90, Arvada CO 80007 Inland Marine Policy: Policy Number: S2501487 Policy Effective Dates: 2-1-2022 to 2-1-2023 Insurer: Selective Insurance Company of America Total Combined Scheduled Contractor's Equipment Value: $6,893,372 Scheduled Contractor's Equipment Deductible: $10,000 Leased & Rented Equipment From Others Limit: $1,000,000 General Liability Policy: General liability Deductible: $2,000 CG 73 00 01/19 From Attached Includes: Blanket Additional Insured status applies only to the extent provided in form CG 79 88 01/19. Blanket Waiver of Subrogation applies only to the extent provided in from CG 73 00 01/19. General Liability Policy is Primary and Non-Contributory only to the extent provided in form CG 79 88 01/19. Auto Liability Policy: Physical Damage Deductibles: Comprehensive: $2,500, Collision: $2,500 CA 78 09 / From Attached Includes : Blanket Additional Insured status applies only to the extent provided in form CA 78 09 11/17. Blanket Waiver of Subrogation applies only to the extent provided in from CA 78 09 11/17. Umbrella Policy: Umbrella Policy is on a follow1) form basis for underlying insurance coverages: General Liability, Automobile Liability, and Employers Liability. Additional insured status will follow when required by written contract, including Primary and Non-Contributory Status. Worker's Compensation Polley: 359-B Form Attached Includes: Blanket Waiver of Subrogation status applies when required by written contract. ''Please Note Hard Copies of Endorsement will not be sent out via mail. All Endorsements will only be sent electronically via email. Please send your email address to certrequest@moodyins.com for forms and future mailings.. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PINNA\COL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com NCCI #: WC0003138 Policy #: 4055760 A-1 Chipseal Company dba Rocky Mounta Rocky Mountain Pavement LLC 2505 E 74th Ave Denver, CO 80229 Moody Insurance Agency Inc 8055 E. Tufts Ave Ste 1000 Denver, CO 80237 (303) 824-6600 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:February 1, 2022 Expires on: February 1, 2023 Pinnacol Assurance has issued this endorsement January 26, 2022 Page 1 of 1 P DORSEYR - Underwriter 7501 E. Lowry Blvd Denver, CO 80230-7006 01/26/2022 12:59:30 4055760 59270663 359-B Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG79880119 Page 1 of 3 vOnlracung, 1nsta11auon, ::,erv1ce ano nepa1r General Liability Extended ElitePace Endorsement COMMERCIAL GENERAL LIABILITY CG 79 88 0119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET ADDITIONAL INSUREDS a. Ongoing Operations SECTION II - WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and 2. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above; Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed under that contract, agreement, or permit when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of your ongoing operations. If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of your ongoing operations, then such person or organization is an additional insured only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your ongoing operations performed under that contract, agreement, or permit. b. Completed Operations SECTION II - WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing or have performed operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and 2. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph 1. above; Such person or organization is an additional insured only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard" when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard". Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG79880119 Page 2 of 3 If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard", then such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard". c. The coverages provided in Paragraphs a. and b. do not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury", "property damage" or "personal and advertising injury". d. Exclusions (1) With respect to the insurance afforded to additional insureds under a. Ongoing Operations the following is added to 2. Exclusions under SECTION I - COVER- AGE A - BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contrac- tor or subcontractor engaged in perform- ing operations for a principal as a part of the same project. (2) With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations, the following is added to 2. Exclusions under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Conditions With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations the following is added to Paragraph 4. Other Insurance, a. Primary Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary and will not contribute with any other insurance available to an additional insured under this coverage part provided that: (1) The additional insured is a Named Insured under such other insurance. (2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis. 2. PROPERTY DAMAGE CARE, CUSTODY OR CONTROL The following is added to Exclusion j. under SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4) and (5) do not apply for the limited purpose of providing the coverage and sub-limits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of "property damage" to: (1) Personal property in the care, custody or control of the insured; and Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG79880119 Page 3 of 3 (2) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations. The most we will pay under (1) and (2) above in any one "occurrence" or for all damages during any one policy period is a sub-limit of $100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any "suit" for damages under (1) and (2) above ends when we have used up the applicable sub-limit of liability in the payment of judgments or settlements under it. 3. OTHER INSURANCE AMENDMENT - SUPPLE- MENTAL COVERAGE FOR INSURED'$ INVOLVE- MENT IN A CONSOLIDATED (WRAP-UP) IN SUR- ANCE PROGRAM OR SIMILAR PROJECT The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS, Paragraph 4. Other Insurance b. Excess Insurance (1)(a): (v) That is covered by a consolidated (wrap-up) or similar insurance program provided by the prime contractor/project manager or owner of the construction project in which you are involved for your ongoing operations or operations included within the "products-completed operations hazard", unless such consolidated (wrap-up) or similar program is specifically excluded from coverage on this policy. 4. FELLOW EMPLOYEE EXTENSION Under SECTION II - WHO IS AN INSURED Para- graphs 2.a. and 2.a. (1) are replaced by the following: a. Your ''volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. The Employers Liability exclusion (SECTION I - COVERAGES; COVERAGE A, exclusion e.) does not apply to this provision. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) Arising out of his or her providing or failing to provide professional health care services. 5. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. Insured Contract is amended as fol- lows: Paragraph c. is deleted in its entirety and replaced with the following: Any easement or license agreement; Paragraph f.(1) is deleted in its entirety. 6. CONTRACTUAL LIABILITY AMENDMENT (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract, written agreement or written permit with the insured that any contractual liability exclusion for Personal Injury be removed from the policy, then Exclusion e. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement". This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement" 7. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. 8. DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You is increased to $1,000,000. Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 78 091117 Page 1 of 5 1:.1nel""'ac"" Commercial Automobile Extension COMMERCIAL AUTO CA 78 091117 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY COVER- AGE A. If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applica- ble accordingly: NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS The following is added to SECTION II, A.1. - Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organi- zation. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. No person or organization is an "insured" with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following: (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (in- cluding bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. EMPLOYEE INDEMNIFICATION AND EMPLOY- ER'S LIABILITY AMENDMENT The following is added to SECTION II, B.4. - Exclusions: This exclusion does not apply to a "volunteer work- er" who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.5. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION 11, 8.6. - Exclusions: This exclusion does not apply to property owned by anyone other than an "insured", subject to the follow- ing: 1. The most we will pay under this exception for any one "accident" is the Limit of Insurance stat- ed in the ElitePac Schedule; and 2. A per "accident" deductible as stated in the ElitePac Schedule applies to this exception. B. If this policy provides Auto Liability coverage for Owned Autos or Non-Owned Autos, the following extension is applicable accordingly: LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.1. - Who Is An Insured: If you are a limited liability company, your members and managers are "insureds" while using a covered "auto" you don't own, hire or borrow during the course of their duties for you. BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION II, A.1. - Who Is An Insured: Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 78 091117 Page 2 of 5 Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional "insured" on your policy. Such person or organization is an additional "insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your owner- ship, maintenance or use of a covered "auto". This coverage shall be primary and non-contributory with respect to the additional "insured". This provision only applies if: 1. It is required in the written contract, written agreement or written permit identified in this sec- tion; 2. It is permitted by law; and 3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the "bodily injury" or "property damage". C. If this policy provides Auto Liability coverage for Non- Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non-Owned Autos, the following is added to SECTION II, A.1. -Who Is An Insured: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. An "employee" of yours is an "insured" while operat- ing an "auto" hired or rented under a contract or agreement in that "employee's" name with your per- mission, while performing duties related to the con- duct of your business. AMENDMENTS TO SECTION Ill - PHYSICAL DAMAGE COVERAGE If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those "autos" for which Comprehen- sive, Specified Causes of Loss or Collision coverage is purchased: TOWING AND LABOR SECTION Ill, A.2. - Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered "Private Passen- ger Auto", "Social Service Van or Bus" or "Light Truck" is disabled and up to the maximum Limit of Insurance per tow each time a covered "Medium Truck", "Heavy Truck" or "Extra Heavy Truck" is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION Ill, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SEC- TION Ill, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any "loss" to a cov- ered "auto", but only if the covered "auto" carries the coverages and meets the requirements described in 1. or 2. below: 1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is re- turned to use or we pay for its "loss". 2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss Coverage, or for any "loss" under Collision Coverage to a covered "auto", we will only pay for those tem- porary transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the number of days reasonably required to repair or replace the covered "auto" or 30 days. Paragraph 2. of this extension does not apply while there are spare or reserve "autos" available to you for your operations. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to SECTION Ill, A.4. - Coverage Extensions: Physical Damage coverage is hereby extended to apply to Physical Damage "loss" to "autos" leased, hired, rent- ed or borrowed without a driver. We will provide cover- age equal to the broadest coverage available to any covered "auto" shown in the Declarations. But, the most we will pay for "loss" to each "auto" under this coverage extension is the lesser of: Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 78 091117 Page 3 of 5 1. The Limit of Insurance stated in the ElitePac Sched- ule; or 2. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 3. The actual cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre- accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed "auto" our obligation to pay "losses" will be reduced by a deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to "losses" caused by fire or lightning. SECTION IV, 8.5. Other Insurance Condition, Para- graph 5.b. is deleted in its entirety and replaced by the following: For Hired Auto Physical Damage Coverage, the follow- ing are deemed to be covered "autos"' you own: 1. Any covered "auto" you lease, hire, rent, or borrow; and 2. Any covered "auto" hired or rented by your "em- ployee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business . However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION Ill, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsi- ble to pay up to the Limit of Insurance shown on the ElitePac Schedule per "accident" for loss of use of a leased, hired, rented or borrowed "auto" if it results from an "accident". This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOAN/LEASE GAP COVERAGE (Not Applica- ble in New York) The following is added to SECTION Ill, A.4. - Coverage Extensions: In the event of a total "loss" to a covered "auto" we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Cover- age Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e. Carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the "loss" for the covered "auto". PERSONAL EFFECTS The following is added to SECTION Ill, A.4. - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deducti- ble, for lost personal effects that were in the covered "auto" at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following is added to SECTION Ill, B.3.a. - Exclu- sions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELEC- TRONIC EQUIPMENT COVERAGE SECTION Ill, B.4. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. "Telematic devices"; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 78 091117 Page 4 of 5 a. Permanently installed in or upon the covered "auto" at the time of the "loss"; b. Removable from a housing unit that is perma- nently installed in the covered "auto" at the time of the "loss"; c. Designed to be solely operated by use of power from the "auto's" electrical system; or d. Designed to be used solely in or upon the covered "auto". For each covered "loss" to such equipment, a deductible of $50 shall apply, unless the deductible otherwise appli- cable to such equipment is less than $50, at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRACKING DEVICE The following is added to SECTION 111, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the covered "auto" is equipped with a location tracking device and that device was the sole method used to recover the "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION Ill, C. - Limit Of Insurance is deleted in its entirety and replaced with the following: The most we will pay for a "loss" in any one "accident" is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting "accident" claim, "suit" or "loss" information to us, including provisions related to the subsequent investigation of such "acci- dent", claim, "suit" or "loss" do not apply until the "accident", claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "loss". WAIVER OF SUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto" but only when you have assumed liability for such "bodily injury" or "property damage" in an "insured con- tract". In all other circumstances, if a person or organiza- tion to or for whom we make payment under this Cover- age Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a "loss" from one event involves two or more covered "autos" and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Conceal- ment, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the incep- tion date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Polley Period, Coverage Territory is deleted in its entirety and replaced with the following: Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the "Coverage Territory". Copyright, 2017 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 78 091117 Page 5 of 5 We also cover "loss" to or "accidents" involving a cov- ered "auto" while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us: If a "loss" covered under this Coverage Form also in- volves a "loss" to other property resulting from the same "accident" that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. AMENDMENTS TO SECTION V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury" includes mental anguish resulting from bodily injury, sickness or disease sus- tained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY "Coverage Territory" means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "dam- ages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the rea- sonable and necessary expenses incurred for the de- fense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. EXTRA HEAVY TRUCK "Extra Heavy Truck" means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK "Heavy Truck" means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK "Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less. MEDIUM TRUCK "Medium Truck" means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds. PRIVATE PASSENGER AUTO "Private Passenger Auto" means a four-wheel "auto" of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a "private passenger auto". SOCIAL SERVICE VAN OR BUS "Social Service Van or Bus" means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients inci- dental to the social services sponsored by the organiza- tion, including special trips and outings. TELEMATIC DEVICE "Telematic Device" includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This in- cludes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile com- munications technology in automotive navigation sys- tems. VOLUNTEER WORKER "Volunteer worker" means a person who performs busi- ness duties for you, for no financial or other compensa- tion. - --- !!!!!!!!-- !!!!!!!!-- - -- --- uenerat L1a o11ny_ 1:Xtens1on 1:naorsement COMMERCIAL GENERAL. LIABILITY CG 73 00 01 19 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for. changes affecting _ your. insurance . protection. ; I --iiiiiiiii ---;;;;;;;;;; -=== iiiiiiiii --=== DESCRIPTION Additional. Insureds - Prima ry. and.Non-Contrib utory. Provision Blanket Additional_ Insureds.- As.Required.By.Contract • Owners, Lessees or Contractors (includes..Architects, Engineers . or.Surveyo rs • Lessors. of.Leased.Equi pment • Managers or Lessors of Premises • Mortgagees, Assignees . and.Receivers • Any. ot her .person. or.organization other .than a.joint venture • Grantors of Permits Broad. Form . Vendors . Coverage Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Electronic. Data Liability.($100,000) Employee Definition .Amended Employees As Insureds Modified Employer 's._Lia bility. Exclusion Amended (Not applicable. in.New.Yor k) Incidental Malpractice Exclusion modified Knowledge.of Occurrence, Claim, Suit.or.Loss Liberalization Clause Mental Anguish . Amendment. (Not applicable.to.New. York) Newly .Formed or Acquired .Organizations Non-Owned_ Aircraft Non-Owned Watercraft (under 60 feet) Not-for-profit Members.- as.additional .insureds Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York) Products Amendment (Medical Payments) Supplementa ry. Payments. Amended .- Bail.Bonds.($5,000).and Loss of Earnings ($1,000) Two or More Coverage Parts or Policies Issued By Us Unintentional. Failure . to.Disclose.Hazards Waiver of Transfer of Rights of Recovery (subrogation) When. Two. or. More Coverage. Part s. of this. Policy. Apply.to. a Loss Copyright, 2018 Selective. Insurance.Company_ of America.. All. rights. reserved. Includes. copyrighted. material. of.Insurance. Services. Office, Inc., .with. its..permission . INSURED'S COPY PAGE. FOUND Page.8 Page.5 Page 7 Page 3 Page.4 Page 9 Page 5 Page.3 Page 7 Page.7 Page_ 8 Page.9 Page.5 Page.3 Page 3 Page. 5 Page 8 Page 4 Page 4 Page 8 Page.8 Page 8 Page.3 CG. 73.00. 01. 19 Page. 1 of .9 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2018 Selective. Insurance.Company of Ameri ca._ All rights . re served. Includes. copyrighted material _of _ Insurance Services. Office, .Inc.,.with. its permission. INSURED'$ COPY CG. 73 .00 01. 19 Page 2 of .9 INSURED'S COPY iiiiia- - --- = ueneraI L1a011ny 1:xtensIon 1:naorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of . the Commercial General Liab ili ty. Coverage Form identi fied. in this endorsement will be amended as shown below. However, if (a) two. or more Coverage Parts of this policy, or (b) two_or more forms or.. endorsemetns_ within the same Coverage_Part.apply to a loss, coverage provision(s) with the. broadest language will apply, unless.specifically. stated othetwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES • Amendments SECTION I • COVERAGE. A BODILY INJURY. AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's..Liabllity Amendment (This provision is not applicable in the State of New. York). The_ following is. added_ to Exclusion e. Employer's Liability under COVERAGE A BODILY_ I NJURY. AND PROPERTY_DAMAGELIABIU TY,. 2. Exclusions: This exclusion also does not apply to any "temporary worker". Non-Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g.. Aircraft, Auto. Or Watercraft under COVERAGE A BODILY INJURY AND. PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entire_ty and. replaced with the following: B. The following is added to Exclusion g.. Aircraft,. Auto. Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion does not apply to: (6) Any aircraft,. not owned . or. operated by any. insured, which. is hired, chartered or loaned with a paid crew. However, if the insured has any other. valid and collectible insur- ance. for "bodily_ injury" or "property dam- age" that would. be covered under this provision, or on any other basis, this cover- age is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV. • COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exdusions under COVERAGE.. A BODILY INJURY AND PROPERTY DAMAGE is deleted in. its entirety --=iiiiiiiii ;;;;;;;;;;; --== -==== -- - (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being_ u sed. to carry per- sons or property_ for.. a charge. Any person is an insured who uses or is responsible for the use of such water- craft with your expressed. or implied consent. However, if.the insured. has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provi- sion, or on any other basis, this cover- age is then excess, _ and subject to Condition 4. Other Insurance, b. Excess Insurance under. SECTION . IV • COM- MERCIAL GENERAL LIABLITY CONDI- TIONS. and replaced with the following: Exclusions c. through_n. do. not.apply to damage by fire,. lightning or.explosionto premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies. to this..coverage_ as described in SECTION.Ill • LIMITS OF INSURANCE. Copyright, 2018 Selective Insurance Company.of America. All rights reserved. Includes copyrighted.material.of Insurance Services Office, Inc.• with its permission. CG73000119 Page 3 of.9 ij INSURED'S COPY B. Paragraph _ 6. under SECTION Ill • LIM ITS. OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to .Par agraph . 5. above, the. most.we. will pay under COVERAGE A for damages because. of. "property_ damage" to. any. one. premises, while rented to. you, or in the. case of damage. caused. by_ fire,. lightning or . explosion, while rented to you or temporarily occupied by you with permission of the owner,. for. all. such. damage caused. by. fire, lightning or explosion proximately caused by the same event, whether such damage results . from. fire, lightning_ or. explosion. or: any combination of the three, is the amount shown. in the Declarations. for. the. Damage. To. Premises .Rented. To.You..Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V - DEFINITIONS is. deleted. in.its. entirety and replaced with the following: a. A contract. for.a lease.of.premises ... However,. that portion of. the. contract. for. a. lease. of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while.rented. to. you or temporarily occupied by you with the per- mission of the owner is not an "insured oontract"; Bectronlc Data Liability A. Exelusion p. Access. or. Disclosure .Of Confiden- tial Or Personal Information And Data-related Liability under. COVERAGE A BODILY INJURY AND. PROPERTY. DAMAGE. LIABILITY,. 2.. Exclusions is. deleted..in .its..entirety_ and.replaced by_ the.following: p. Access or Disclosure Of Confidential Or Personal lnfonnation And Data-related Liability Damages. arising. out.of: (1) Any_ access. to. or. disclosure. of. any person's. or . organization's confidential or personal information, including patents,. trade . secrets,.. processing_ methods., customer lists,. financial. infor- mation, credit card information or any other.type_ of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability__ to_ manipulate. "electronic . data" that does not result from physical injury to.tangible property. This. exclusion. applies. even. if. damages. are . claimed for notification costs, credit mon- itoring. expenses,. forensic..expenses,. public. relations expenses or any other loss, cost or expense incurred . by you. or others. arising _ out of. that. which. is. described. in. Paragraph _ (1) or. (2). above. e. The. following_ p aragraph.is.added .to. SECTION Ill • LIMITS.OF.INSURANCE: Subject to 5. above, the most we will pay under COVERAGE.A.for "property damage" because of all loss of "electronic. data" arising out. of.any_ one "occurrence" is a sub-limit of$100,000. SECTION 1- COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any_ Insured. Amendment Exclusion a.. Any_ Insured under COVERAGE. C. MEDICAL PAYMENTS, 2. Exdusions is deleted in its entirety and replaced with the following: a. Any.Insured To any insured. This .exclusion . does. not apply .to: (1) "Not-for-profit.members"; (2) "Golfing.facility" members. who. are.not.paid. a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C. MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products-Completed. Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is. deleted. in. its. entirety _ and . replaced with the following: f. Products-Completed Operations.Hazard Included. within. the. "products-oompleted _ o pera- tions hazard". This.exclusi on does..not. apply_ to . " yo ur products" sold for.use. or consumption. on .your premises, . while.such products.are..still on your.premises. This exclusion exception, does not apply if COVERAGE. C MEDICAL PAYMENTS is..excluded .by another. endorsement. to.this.Coverage Part. SECTION. I. • SUPPLEMENTARY. PAYMENTS· COVERAGES. A AND B Expenses.For.Bail.B onds.And.Loss .Of Earnings A. Subparagraph_ 1.b. . under SUPPLEMENTARY. PAYMENTS - COVERAGES A AND B is. deleted. in.its.entirety_ and.replaced. withJhe.following: b. Up. to .$5 ,000 . for oost of bail..bonds.required because. of accidents.or. tra ffic. law.violations.. arising. out of.the. use.of.any_ vehicle. to which. Bodily _ Injury . Li ability. Coverage. applies. We do.not have.to .furnish .these_ bonds. Copyright, 2018 Selective. Insurance Company of.Ameri ca. All. rights reserved. Includes copyrighted material of Insurance.Services Office,.lnc., with its permission. CG 73 00 01.19 Page.4 of 9 =- !!!!!!!!!!!!--- - - -- = I --= =;;;;=;;;;=;;; iii;i -=== -==-=-=- B. Subparagraph 1.d.. under SUPPLEME NTARY. PAYMENTS· COVERAGES A AND B is deleted in its entirety and replaced with the following: d. All. reasonable . expenses. incurred. by. the. insured at our request to assist us in the investigation. or. defense. of the_ claim. or. "suit",.including actual. loss. of.earnings. up.to. $1,000 a day because of time off from work. SECTION..ll • WHO.IS.AN.INSURED • Amendments Not-for-Profit.Organization.Members The_ following. paragraph_ i s. added to. SECTION II..• WHO IS AN INSURED: If.you.are.. an organization. other .than. a partnership, joint. venture, or a limited. liability.company,. and. you are a not-for-profit organization, the following are included as. additional .insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your. board.members; 5. Your commission.members; 6. Your.agen cy.members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not-for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees.As. Insureds Modified A. Subparagraph _ 2.a.(1Xa) under SECTD N. II • WHO IS AN INSURED does. not apply to. "bodily, injury" to a "temporary worker" caused by a co- "employee" who.is .not a "temporary.worker". B. Subparagraph 2.a.(2) under SECTION II • WHO IS. AN. INSURED does. not apply. to. "propert y_ damage" to the. property_ of. a ''temporary.. worker" or. "volunteer. worker" caused. by. a_ co- "employee" who.is not.a "temporary. worker" or_ ''volunteer worker". C. Subparagraph . 2.a.(1Xd) under SECTDN II - WHO IS AN INSURED does. not apply. to. "bodily _ injury" caused by cardio-pulmonary resuscita- tion .or. first aid. services. administered. by_ a. co- "employee ". With respect to this provision only, Subparagraph (1) of. Exclusion . 2. e. Employer's Liability under. SECTION . l · COVERAGES,. COVERAGE. A. BODILY. INJURY.. AND _ PROPERTY.. DAMAGE_ LIABLITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTDN. 11. • WHO. IS.. AN_ INSURED is.. deleted. in_ its .. entirety.. and. replaced w ith_t he..foll a.ving : a. Coverage . under. this . provision. is afforded. only until the 180th day after you acquire or form. the. organization or. the. end. of. the. policy period, whichever is earlier. However, COVERAGE A does. not apply. to "bodily . injury" or "property. damage" that.occurred before you acquired or formed the organi- zation. B. The following paragraph is added to SECTION II • WHO IS AN INSURED, Paragraph 3: If you.are. engaged. in. the. business..of con- struction of dwellings three stories or less in height,. or other. buildings. three.. stori es. or . less. in. height and. less.than .25,000 . square feet in. area,. you will.also. be.an insured w ith. respect to.." your work" only,.for.the. period.of time described above, for your liability arising.out.of the .conduct of any. partnership . or. joint venture of which _you. are. or. were. a. member, even if that partnership or joint venture. is. not. shown. as. a. Named. Insured.. However , this. provision. only. applies. if you. maintain. or maintained_ an. interest of at. least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This. provision. does. not apply. to_ any partnership. or joint venture that has been dissolved or otherwise ceased.to.function .for.more.than.thi rty-six_ months. With respect to the insurance provided by this provision, Newly Formed or Acquired.Organizations, the.. following is. added. to. SECTION IV - COMMER- CIAL GENERAL LIABILITY, Paragraph _ 4. other Insurance, Subparagraph..b. Excess Insurance: The. insurance . provided. by. this. provision,. Newly Formed or. Acquired Organizations, is excess over any other insurance available to the insured, whether. primary,. excess, contingent or.on any.ot her. basis. (All other. provisions.. of this.. section. remain . unchanged) Blanket Additional. Insureds - As. Required By.. Contrad Subject to the Primary_ and Non-Contributory provi- sion_ set forth_ i n. this.. e ndorsement,. SECTION. II. • WHO. IS_ AN_ INSURED is. amended. to..include. as. an. additional insured: A. Owners, Lessees or Contractors/Architects, Engineers.and..Surveyors 1. Any person or..organiza tion. for. whom you_ are. performing_ operations when you. and such_ p erson. or.organization. have..agreed. in a. written. contract,. written. agreement or. written. permit. that. such. person. or:. o rgani- zation be. added. as an. additional. insured on. your commercial .general.liability.policy; and Copyright, 2018 Selective. Insurance Company of.Ameri ca. All .rights reserved. Includes. copyrighted.material of.Insurance. Services. Office, ,Inc.,. with its.permission. INSURED'S COPY CG 73..00 01 19 Page . 5 of .9 2. Any other person or organization,. including_ any architects, engineers or surveyors not engaged by you, whom. you. are required.to. add as an additional insured under your policy in_ the contract or. agreement. in_ Paragraph 1. above: Such person. or organization. is an additional. insured only_ with. respect to .liability for "bodily _ injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: With . respect to. the. insurance . afforded. to. these additional insureds, this insurance does.. not. apply. to. any. "occurrence" which. takes place after the equipment lease expires. 2. Managers.or.Lessors. of Premises Any person or organization from whom you lease premises, but only with respect to liability arisin_g out of the. ownership,. maintenance or use of that part of the premises. leased.to you. a. Your. acts.or. omissions ; or This. insurance. does . not app_ly to_ any_ b. The acts.of omissions. oft hose.acting on. your behalf; in.the. performance. of your ongoing_ oper ations. performed. for the. additional insured in . Para- graph .1., a bove. However, this insurance does not apply to: "Bodily_ injury",. "property.damage" or. "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, .engineering.or .surveying_ services.. by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field. orders, change..or ders_ or. drawings _ and specifications; and b. Supervisory, inspection, architectural _or _ engineering activities. Professional . services_ do not. include services_ within construction means, methods, tech- niques, sequences and procedures employed by y_ou in connection. with your. opera tions . in your. capacity as a construction contractor. A person or organization's status as an additiona.l insured. under.this. endorsement ends. when your operations for the person or organi- zation described. in . Paragraph . 1. above are. completed. B. Other Additional Insureds Any of the following persons or organizations with. whom. you have. agreed_ in . a written. contract, written agreement or written permit that such persons or organizations be added as an. additional. insured. on. your commercial. general.li ability _ policy: 1. Lessors of Leased Equipment Any person or. organization. from. whom. you. lease equipment., but. only_ with. respect to. liability for "bodily injury", "property dam- age" or. "personal. and. advertising . injury" caused,. in. whole. or.. i n. part, by_ your. maintenanc_e, operation .or use. of. equipment. leased. to. you_ b y. such. person. or. organi- zation. "occurrence" which. takes. place after. you cease to be a tenant of that premises. 3. Mortgagees, Assignees or Receivers Any .person..or . organiza tion . with . respect to. their. liabili_ty as. mortgagee, assignee or . receiver. and. arising out of the . ownership,. maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortga_ge is_ satisfied,. or. the. assignment. or. receivership ends. 4. Any Person or Organization Other Than A Joint Venture Any person. or. organization (other. than a joint venture of which you are a member), but only with. respect. to liability_ for. " bodily _ i njury",. "property.damage" or "personal. and. advertising injury" caused,_ i n. whole. or . in _ part, by your acts or omissions or the acts of omissions of those acting on your behalf in the. performance. of your_ o ngoin_g operations. or in connection with property owned by you. 5. State or. Governmental. Agen_cy or. Political_ SUbdivision - Pennlts or Authorizations Any state or governmental agency or subdivision. or. political. subdivision, but. only. with respect to: a. Operations. performed by_ you or.on. your. behalf. for which. the state.. or . govern- mental agency or subdivision or political subdivision has issued a permit or authorization; or b. The.. following_ hazards for. which. the . state. or_ governmental agency_ or . sub- division. or. political. subdivision. has. issued_ a_ permit. or. authorization. in. connection. with. premises. you. own, .rent. or. control and. to. which. this. insurance. applies: Copyright, 2018 Selective..lnsurance Company of America.. All rights .reserved. Include_s copyrighted. material of.Insurance. Services.Office, Inc.,_ with its. permission. INSURED'S COPY CG 73 00 01.19 Page 6 of .9 =;;;;;;;=;;;;;;-- ---- -= = = (1) The existence, .maintenance.,repair, construction, erection or removal of advertising_ signs,. awnings, cano- pies, cellar entrances, coal holes, driveways,. manholes, marquees,. hoist away_ openings, sidewalk vaults, street banners or decora- tions and similar. exposures; (2) The construction, erection or re- moval of elevators; or (3) The ownership, maintenance or use c. Any_ physical or_ c hemical. change_ in the product made intentionally by the vendor; d. Repackaging, _ u nless_ unpacked. solely. for . the_ purpose of inspection,. demonstr ation, . testing, or the substitution of parts under instructions. from.the. manufacturer, .and then repackaged in the original container; e. Any failure to make such inspections, adjustments,. tests.. or. servicing_ as. the. vendor has agreed to make or normally undertakes to make in the usual course of of any elevators. covered. _by insurance. This_ in surance. does not.apply_ to: this_ business. in. connection_ with.the_ sale .o( the. product; or f. Products which, after distribution or sale by l J ! I i --- ---;;iii; I!!!!!!!!!! --- -- (a) "Bodily_ i njury" or. "prope rty_ damage" arising out of opera- tions performed for the federal government, state or munici- pality; or (b) "Bodily_ inj ury" or. "property_ damage" included. within the. "products-completed operations hazard". With respect to Paragraphs 2. through 4., . this.. in surance. does. not apply_ to . structural. alterations, new construction or demolition operations performed by or on behalf of such person or organization. The provisions of this coverage extension do not apply_ unless. the written. contract.or. written .agree- ment has. been . signed. by. the. Named Insured or. written permit issued prior to the "bodily injury" or "property_ damage" or "personal. and advertising injury". Broad Form Vendors Coverage Subject to the Primary and Non-Contributory_ pro vision. set forth.in.this_ endorsement,_ SECTK>N II - WHO. IS. AN. INSURED is amended.to include. as. an. additional. insured. any_ person. or: organization . (referred to. below as vendor) for whom you. have agreed. in a written .contract. or.w ritt en_ agreement_ to. provide. coverage _ as. an additional insured. under your policy. Such person or organization is an additional.. in sured. only_ with. respect to "bodily_ injury" or . "property_ damage" arising_ out. of "your products" which are distributed or sold in the regular.course. of the vendor's_ business. However, the. insurance. afforded_ the.vendor does. not apply_ to : a. "Bodily injury" or "property damage" for which. the. vendor: is . obligated. to _ pay damages by reason of the assumption of liability .in a contract o_r agreement; .however. thi s.exclusion .does.not.apply, to.liability .for. damages. that the.vendor .would. have. in .the. absence of.the.contract or. agreement; b. Any .express .warranty unauthorized by_ you; you,_ h ave_ b een . labeled. or_ r e-labeled . or. used as a container, part of ingredient of any. other. thing or. substance. _by or: for. the . vendor;. however this. insurance. does. not. apply to any insured person or organization, from. who you _h ave .acquired .such products, . or any ingredient,.part or container, entering _ i nto,. accompanying or. containing_ such_ products. The provisions of this coverage extension do not apply unless the written contract or written agree- ment has. been. signed. by_ t he. Named. Insured prior. to the "bodily injury" or "property damage". Incidental Malpractice Subparagraph _ 2.a,(1Xd) under: SECTION II - WHO IS AN INSURED is_ deleted in its _ entirety_ and.repla ced with.the .following: (d) Arising _ out of. his. or. her providing_ or _ f aili ng. to . provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in. the_ business or occupation. of. providing. any_ such professional services. This also does not apply to "bodily injury" caused. by_ cardio-pulmonary_ resuscitation . or. first aid services administered by a co- "employee ". This. provision. does. not. apply it you. are . a Social . Service .or .Senior. Living risk. SECTION_ IV. - COMMERCIAL GENERAL LIABILITY.. CONDmONS. - Amendments Knowledge_ Of_ Ocatrrence,.Clalm,..Suit.Or.Loss The_ follo wing.is_ added. to Paragraph 2. Duties. in .the. Event of Occurrence, Offense, Claim or Suit under SECTION. IV_ - COMMERCIAL GENERAL . LIABILITY . CONDrTIONS: The requirements under this paragraph do not apply until. after..th e. "occurrence" or..offense..is known to: 1. You, if you.are.an.i ndividual; 2. A partner, . if you. are a.partnership; - Copyright, _ 2018 Selective_ I nsurance.Compa_ny of. America. All. rights reserved. Includes _copyrighted.material. of.Insurance Services. Office, Inc., with its..permission. I NSURED'S. C0PY CG 73.00 01. 19 Page . 7 of.9 - I 3. An "executive .officer" or insurance manager, if you are a corporation; 4. Your. members, managers or. insurance 3. You. ha ve. assumed .the_ li abili ty_ of . th at person..o r. organization in that same contract, and it is an "insured contract". manager,. if you are a. limited. liability. company; The. section above.. on_ly applies. to. that person. or. or 5. Your elected. or appointed. officials,. officers,. members, trustees, board members, commis- sion members, agency members, or your administrator .or _your.insurance manager. if. you. are an organization other than a partnership, joint venture, or limited.liability_ company. Primary and Non-Contributory Provision The.following .is added to Paragraph_ 4. Other Insur- ance, b. Excess Insurance_ under SECTION IV• COMMERCIAL GENERAL LIABILITY CONDmONS: This. insurance. is_ primary_ to . . and.. we. will. not seek contribution. from. any_ other. insurance_ available. to. organization identified above, and only if the "bodily injury" or. "prope_rty damage" occurs subsequent. to the execution_ of the written. contract. or. written. agreement. Liberalization The. following _ condition. is. added. to_ SECflON IV - COMMERCIAL GENERAL LIABILITY _CONDITIONS: If we revise this Coverage Part to provide more coverage_ without additional premium. charge,. sub- ject to our filed company rules, your policy will automatically_ provide. the. additional. covera_ge as..of . the day the revision is effective in your state. Two or More Coverage Parts or Polldes Issued By an additional. insured. under this. poli_cy that: provided . Us (This. provision.is_ not Applicable .in..t he. state. of New . (1) The additional insured is a Named Insured York or Wisconsin). under such.other.insurance; and The followin_g condition. is. added. to. SECflON IV. - (2) You have agreed in a written contract, written agreement. or written.permit that. this. insurance. would be primary and would not seek contri- bution from any other insurance available to the additional. insured. Unintentional Failure To Disclose Hazards The.. followi_ng_ i s. added to. Paragraph. 6. Representations under SECTION IV • COMMERCIAL GENERAL LIABILITY CONDmONS: However, if you should unintentionally fail to disclose_ any_ existing hazards in_ your_ representa- tions to us at the inception date of the policy, or during the policy period in connection with any additional. hazards, _ we. shall.. not. deny_ coverage_ under this Coverage Part based upon such failure to disclose hazards. Waiver .Of_Tra nsfer Of Rights O{Recovery The .following_ i s.added.to Paragraph 8.. Transfer of Rights Of Recovery Against Others To Us under_ SECTION IV.. • COMMERCIAL GENERAL LIABILITY. CONDITIONS: We will waive any right of recovery we may have against_ a. person.. or _ or ganization. because. of pay- ments. we_ make. for. "bodily_ injury" or_ " property_ damage" arising_ out of your.ongoing. operations or. "your. work" done. under. a. written .contract. or .written _ agreement. and_ included in.the. "products-completed operations. hazard", .if: 1. You_ have. agreed to. waive. any_ right_ of recovery against that person or organization in a written contract.or .written . agreement; 2. Such. person_ or. organization. is an. additional. insured.on_your.policy; or COMMERCIAL GENERAL LIABILITY_CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated .with. us, .do. not provide. any duplication. or. overlap_ of coverage. .We.have exercised diligence.to.. draft our coverage parts and policies to reflect this intention.. However,. if the .facts.. and.circumstances. that. will. respond to..any_ claim. or. "suit" give. rise to. actual .or claimed. duplication.or. overlap. of.coverage _ between the various coverage parts or policies issued to you by us or any company affiliated with us,. the.. limit of insurance. under.. all. such.coverage_ parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the.other. covera_ge forms.or. policies. This. condition. does. not apply. to. any Excess.. or . Umbrella policy issued by us specifically to apply as excess..insurance over. this covera_ge part_ or _policy to which this coverage part is attached. SECTION V • DEFINrTIONS Discrimination (This provision does not apply in New York). A. The_ follo wing_ i s. added to . Definition. 14. "Per- sonal and advertisi_ng injury": "Personal. and. advertising injury" also.. means "discrimination" that results.. in.. inju_ry to. the. feelings or reputation of a natural person, hON- ever_ only .if such. "discrimination" or humiliation. is: 1. Not done.by or. at.the_direction.of: a. The. insured; .or Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes. copyrighted material of.Insurance Services.Office,.Inc., with .its permission. I NSURED' S. COPY CG 73 00 0119 Page. a of. 9 - - -- --- ===--- I I ; -- I b. Anyone considered an insured under SECTION II • WHO IS AN INSURED; 2. Not done intentionally _ to . cause hatm to.. another person. 3. Not. direc_tly or. indirectly . related to. the. em- ployment,. prospective employment. or. termi- nation of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the.insured. B. The followi_ng definition is .added to. SECTION. V • DEFINITIONS: "Discrimination" means: a. Any_ act.or. conduct.that would.be.considered. discrimination. under. any_ applicable. federal,. state, or local statute, ordinance or law; b. Any. act or. conduct. that results in. disparate. treatment of, or has disparate impact on, a person, because of that person's race, religion,_ gender,. sexual. orientation,. age,. disability..or. physica.limpairment; or c. Any act or conduct characterized or inter- preted as discrimination by a person based on that person's race, religion, gender, sexual orientation,. age,. disability_ or . physi- cal impairment. It does not.i nclude. acts. or . conduct. character- ized. or. interpreted. as. sexual. intimida ti on. or sexual harassment, or intimidation or harass- ment.based on. a.person's.gender. Bed ronic.Data The following definition is added to SECTION. V - DEFINITIONS: "Electronic data" means information, facts or programs. stored.as or. on,. created. or. used on, or. transmitted. to. or_ fro m. computer software, .including_ systems and applications software, hard or floppy disks, . CD-ROMS,. tapes,. drives, cell, data pro- cessi_ng devices or. any.other. media. which are used with . electronically controlled. equipment. For.. the. purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Prop- erty_ damage" is deleted. in. its. entirety_ and. replaced. by the following: b. Loss. of, loss. of. use_ of, damage_ to, . corruption of, inability to access, or inability to properly_ manipulate "electronic.data",.re- sulting from physical injury to tangible property. All. such. loss.. of. "electronic. data" shall. be. deemed..to .occur. at.the. time. of. the. "occurrence" that caused.it. For . the purpose. of. the. Electronic. Data. Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION.V • DEFINI• TIONS is_ deleted_ in its. entirety_ and. replaced _ by_ the following: 5. "Employee" includes. a "leased_ worker", . or. a. "tem porary_ worker". If. you. are. a School, "Employee" also..includes a.student teacher. Golfing Facility The. following definition is_ added. to_ SECTION V. • DEFINITIONS: "Golfing facility" means a golf course, golf club, driving_range,..o r..miniature. golf course. Mental Anguish Amendment (This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V • DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Bodily injury" means bodily injury, sickness or disease.. sustained. by. a. person,. including .death. resulting. from. any_ of t hese. at any time ... This.. includes mental anguish resulting from any bodily_ i njury,_ sickness .or.disease sustained ._by a person.. (In. New.York, mental. anguish. has. been. determined to be "bodily injury"). Not-for-profit Member The. following. definition.. i s. added. to.. SECTION V. DEFINITIONS: "Not-for-p rofit member" means. a. person who. is a member. of a not-for-profit organization ,. including _ clubs and churches, who receives no financial or other. compensation. iiiiiiiia ;;;;;;;.;; iiiiiiiii - l=i!=!i=ii iiiiiiiia !!!!!! == - 17. "Property. damage" means: a. Physical. inju ry_ to . t angible. property,_ includ- ing_ all r esulting. loss of. u se. of. that property._ AlI such loss of use shall be deemed to occur .at the.time .of. t he. physical.i njury_ that caused .it; or Copyright, 2018 Selective Insurance Company of America. All rights reserved. Includes .copyrighted material.of.Insurance. Services_ Office, Inc., with.its..permission. INSURED'S COPY CG.73 00 ..01 19 Page 9 of 9 - - - Page 1 ITB-22 -SLURRY PROJECT "' j .( -... City of ... heatRl_,dge PUBLIC WORKS PROJECT DOCUMENTS VERSION 12/2021 2022 SLURRY PROJECT REQUIRED SUBMITTAL DOCUMENTS ITB-22-SLURRY PROJECT Prepared by: DEPARTMENT OF PUBLIC WORKS FIELD SERVICES DIVISION & PROCUREMENT AND CONTRACTS DIVISION CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE WHEAT RIDGE, CO 80033 The engineering material and data contained in these Project Documents were prepared under the supervision and direction of Russ Higgins, PE, Field Services Supervisor. Bidder must complete and SUBMIT all of the attached forms with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Page 2 ITB-22 -SLURRY PROJECT REQUIRED SUBMITTAL DOCUMENTS TABLE OF CONTENTS PAGE# Bidder Acknowledgement Form ........................................................................................... 3 Contractor's Qualification Form ........................................................................................... 4 List of Subcontractors and Amount .................................................................................... 11 Non-Discrimination Assurance Form ................................................................................. 12 Worker Without Authorization Compliance Form .............................................................. 13 Non-Collusion Affidavit ...................................................................................................... 14 Keep Jobs in Colorado Form ............................................................................................. 14 Proposal Form ................................................................................................................... 16 Bid Bond Form ................................................................................................................... 18 Page 3 ITB-22 -SLURRY PROJECT ... ., City of .. ,( ... WheatRt_dge UBLIC WORKS CITY OF WHEAT RIDGE ITB-22-SLURRY PROJECT BID DUE DATE: THURSDAY, MARCH 24, 2022 BY 2:00 PM Local Time SLURRY PROJECT ELECTRONIC BIDS MUST BE SUBMITTED VIA: BidNetDirect.com IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications, terms and conditions. FEIN/SSN (Required) Fed ID# 84-1216817 / DUNS: 878169031 Federal I.D. Number/DUNS Number COMPANY NAME A-1 ChiE_seal Co. ADDRESS 2505 E 74th Ave CITY/STATE/ZIP Denver. CO 80229 PHONE 303-464-9267 EMAIL mstarr@asphaltrepair.com TYPED/PRINTED NAME, _ _ _ _ _ _ _ _ AUTHORIZED SIGNATURE,_ _ _ _ _ _ _ _ _ TITLE President ACKNOWLEDGE ADDENDAS, MUST INITIAL d NUMBER OF ADDENDA. 1 _ (Bidder is responsibleforfonowing up on all addendums) DO YOU ACCEPT VISA OR ACH FOR PAYMENT? WHICH IS THE PREFERRED METHOD- Do not contact the requesting department or members of the evaluation committee. NO-- Signature acknowledges that Bidder: has read the bid documents thoroughly before submitting a bid, will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, and is submitting without collusion with any other individual or firm. Do not submit more than one bid from your firm or both bids will be disqualified. Submit bid with authorized signature. Point of Contact: Whitney Mugford-Smith, Procurement Manager wmsmith@ci.wheatridge.co.us or phone 303-235- 2811. Do not contact the requesting department. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. -_ -_ . _·· -"'7"'ir·--- ...-,...:....11_· - ·_ · - - - - - - - . _ _ _ _ _ _ - ;c....__ ._...s.....,,.- . - - _ _ __- . - . - - ..._- _ _ _ _ _ _ _ Questions & Answers - 1 Solicitation Buying Organization ITB-22-Slurry Project - 2022 Slurry Project City of Wheat Ridge N_g 01 Question/Answer Question: Bid Sheet on slurry seal Job I see there is a pricing sheet with A-1 bud didn't see a bid item sheet for this project. Will you send one out so we can have the quantities? 03/04/2022 Answer: There are multiple tabs on the "worksheet." Quantities are shown on the tabs Question:Date. "' #1 - M ain Bid #2 - Alt Bid #1 I #3 - Alt Bid #2 I Totals I Slurry Street Worksheet 2022 I 2022 Slurry Project - Main Bid - 30 Streets, City Wide ITEM NO. PAY ITEM BID SCHEDULE #1 Insert Company Name _9UANTITY .. UNIT_ UNIT PRICE EXTENSION s 403 HMA Patching CIP 6" SP-100 PG (64-22) S 100 SY 409 Slurry Seal 84,TT8 SY s 626 630A 720 Mobilization Traffic Control Management Material Sampling & Testing 1 LS 1 LS 1 LS $ $ $ SUBTOTAL THIS PAGE BID SCHEDULE #1 S s $ s ITB-22-SLURRY PROJECT Page 4 CONTRACTOR'S QUALIFICATION FORM Your Bid Will Not Be Processed If Incomplete S_ECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. A-1 Chipseal Co. Exact Legal Name of Applicant Firm B. 2505 E. 74th Ave. Street Address c. Same Denver City 878169031 DUNS# co State 80229 Zip Code (Mailing Address, if different from above) D. Primary Company Telephone No. 303-464-9267 E-mail. mstarr@asphaltrepair.com E. Applicant Firm's Contact Person for Public Works Office follow-up: Mike Starr Sales Manager 720-540-8272 Print or Type Name Position Telephone Number F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. IX) No D Yes G. Type of business organization: halt Preservation & Maintenance YEAR organization established: 1992 NUMBER of current full time employees: 10_8 _ Colorado □ Sole Proprietor □ Limited Partnership IX! □ Corporation-[Date and State of lncorporation11/09/1992 General Partnership [Date and State of Partnership filing _ □ Limited Liability Company □ Limited Liability Partnership [Date and State of filing, _ D Other (describe) Type of service(s) to be provided to the City of Wheat Ridge. □ General Contractor □ Concrete Flatwork □ Storm Sewer □ Concrete Structures □ Traffic Signals IX! Slurry Seal □ Grading □ Fog Seal □ Asphalt Paving □ Crack Sealing □ Concrete Paving □ Landscaping □ Signing □ Striping IX) Traffic Control □ Other (describe) ITB-22-SLURRY PROJECT Page 5 1. Owners SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES List Owners of Applicant Firm. Full Legal Name Title Years of Related E %Of Ownersh' Daniel J. Gryzmala President 21 95 Nick Zieser, CPA Treasurer 37 5 [Use additional sheets if necessary] 2. Project Management Team, Supervisors and Employees Who Will Be Working Directly On the Project(s). List the full names of the primary employees of the proposed Project Team. Full Legal Name Present Position Years of % of Time Related Devoted to Experience Proiect Professional Licenses Rogelio Contreras Slurrv Seal Superintendant 27 100% as needed NIA Rogelio Lopez Slurry Seal Forman 9 100% as needed NIA Mike Starr Sales Manager 29 100% as needed NIA Josh Kollman Safety Manager 13 100% as needed N/A Sylvia Rosenbach AIR Manager/Administrative 42 100% as needed N/A [Use additional sheets if necessary] 3. Resume Attach resumes of the Project Management Team showing the last five years of employment in this field. Resumes must be comprehensive and include of Firms worked for and dates of employment. (RESUMES are not required from Materials Suppliers (Vendors). 4. Contractor's License(s) The awarded Contractor must obtain or have a current City of Wheat Ridge Municipal Contractor's License within 7 days of Council approval of bid award. Key Personnel Years of Present PosItIon Name Experience Skills/Responsibilities Current/Past Employment Daniel J Gryzmala 21 President, Estimator, Owner Operations, Estimating, Contract Compliance, EEO & Safety Manager, Quality Assurance, Customer Service, Cost Accountina, Board of Directors A-1 Chipseal Co. 2007 - Current RG Insulation 2001-2007 Nick Zieser 37 Treasurer, Owner Financial Advisor, CPA, Problem Solving, Acquisitions, Legal, Board of Directors A-1 Chipseal Co. 2007-Current CFO Management 2009-Current Medallion Mezzanine 1997-2009 KPMG, LLP 1985-1997 Stephanie Wallis 21 Controller, Corporate Secretary Cost Accounting, Contract Compliance, EEO & Safety, Financial Review, Audits, Customer Service, Board of Directors A-1 Chipseal Co. 2007-Current W.L. Contractors 2005-2007 AmWest Well and Pumo 2001-2005 Rick Whitfield 39 Vice President, Operations Operations, EEO & Safety Manager, Quality Assurance, Customer Service, Cost Accounting, Project Management, Job Performance, Board of Directors A-1 Chipseal Co. 2009 - Current Black Rock Paving 2004-2009 Lafarae West Inc. 1983-2004 Sylvia Rosenbach 30 Job Cost Accountant Cost Accounting, Unit Price Billing, AIA Billings, Contract Comoliance, Pavroll, Human Resources A-1 Chipseal Co. 2012 - Current AmWest Control 1992-2012 Joshua Kruger 24 Vice President, Sales Estimating, Customer Service, Cost Accounting, Job Performance, Contract Compliance, Project Management, Crew Management A-1 Chipseal Co. 2009 - Current Aztec 1998 - 2008 Kevin Furney 31 Distributor Operator Distributor Operator, Safety A-1 Chipseal Co. 1996 - Current Western Mobile 1991-1996 Jaime Walton 19 Colorado Springs Branch Manager Estimating, Customer Service, Cost Accounting, Job Performance, Contract Compliance, Project Management, Crew Management A-1 Chipseal Co. 2009 - Current Rocky Mountain Pavement 2005-2009 Southeast Corridor Constructors 2004-2005 Kiewit! Western Companies 2003-2004 Brendon Mason 4 Colorado Springs Crack Seal Superintendent Customer Service, Crew Management, Job Performance, Emolovee TraininQ, Safety A-1 Chipseal Co. 2018- Current Rogelio Contreras 27 Slurry Seal Superintendent Customer Service, Crew Management, Job Performance, Emolovee Trainina, Safety A-1 Chipseal Co. 2013 - Current RG Insulation 1995-2013 Dana Turner 15 Project Manager Customer Service, Crew Management, Job Performance, Emolovee Trainina, Safety A-1 Chipseal Co. 2007 - Current Rogelio Lopez 9 Slurry Seal Foreman Customer Service, Crew Management, Job Performance, Emolovee Trainina, Safety A-1 Chipseal Co. 2013 - Current Dennis Martinez 22 Estimator Estimating, Customer Service, Cost Accounting, Job Performance, Contract Comoliance, Project ManaQement A-1 Chipseal Co. 2013-Current LafarQe 2000-2013 Mike Starr 29 Sales Manager Estimating, Customer Service, Cost Accounting, Job Performance, Contract Comoliance, Proiect Manaaement A-1 Chipseal Co. 2009 - Current RG Insulation 1993- 2009 Josh Kollman 13 Safety Manager Safety, Traffic Control, Crew Manangement A-1 Chipseal Co. 2009 - Current Mallory Bitzer 13 Estimator Estimating, Customer Service, Cost Accounting, Job Performance, Contract Compliance, Project Management A-1 Chipseal Co. 2009-Current Matt Dornier 15 Project Manager Estimating, Customer Service, Cost Accounting, Job Performance, Contract Compliance, Proiect Manaaement A-1 Chipseal Co. 2012 - Current Frazie Contruction 2007-2012 Alex Mendoza 11 Chip Seal Superintendent Customer Service, Crew Management, Job Performance, Emolovee Trainina, Safety A-1 Chipseal Co. 2011 - Current Scott Vogl 15 Chip Seal Superintendent Customer Service, Crew Management, Job Performance, Emolovee Trainina. Safety A-1 Chipseal Co. 2007 - Current Jesus Ruelas 13 Asphalt Superintendent Customer Service, Crew Management, Job Performance, Emolovee Trainina, Safety A-1 Chipseal Co. 2009 - Current 0 T Numb Issue D E. D Bond Arapahoe County Right of Way License 01/20/22 01/20/23 $ 20,000.00 Arvada, City of Contractors License Type MC-S5 AEC 302 03/23/15 06/09/22 $ 20,000.00 Aurora, City of Contractor License - ROW 2021 1968788 00 CL 05/05/21 06/01/22 $ 20,000.00 Aurora, City of Business License S20029625-0005 03/29/21 05/18/23 NONE Aurora, City of Supervisor License - ROW Contractor 2021 1968788 00 CL 05/05/21 06/01/22 NONE Avon, City of Contractor License 6486 07/16/20 07/31/22 NONE Avon, City of Business License 6486 08/01/21 07/31/22 NONE Black Hawk, City of Contractor License Cl492 - See Mailed Letter 01/01/22 01/01/23 NONE Boulder, City of Contractors License -Right of Way LIC-00990308 04/07/21 05/05/22 Continous Breckenridge, Town of Business & Occupational/ Sales Tax License 115740001 07/16/21 07/15/22 NONE Brighton, City of Contractor License - Type D CL-02990 06/26/08 06/26/22 NONE Broomfield, City of Contractor Registration-GenA OL-23-06474 01/25/22 02/02/23 NONE Canon City, City of Contractors License 1043 02/15/21 12/31/21 NONE Castle Rock, Town of Contractors License CR21-0065 03/25/21 03/04/23 NONE Centennial, City of Contractor License CL-000922-2019 07/13/21 07/13/22 NONE Commerce City, City of Subcontractor Right of Way 1409 11/18/21 12/31/22 NONE Denver, Citv & Countv of ROW-Paving 246391 09/21/21 09/30/22 $ 50,000.00 Edgewater, City of Sales & Use Tax License 5464 05/01/17 No expiration NONE Elizabeth, Town of Business License 04/12/21 05/01/22 NONE Englewood, City of Contractors License- Class D 15537 02/09/21 01/28/23 $ 20,000.00 Englewood, Citv of ROW Erie, Town of CL - Contractors License - Class C GC-000214-2015 11/1 2/21 12/31/22 NONE Estes Park, Town of Business License 738 01/05/15 12/31/22 NONE Evans, City of Business and Sales Tax License 2603316 01/01/22 12/31/22 NONE Federal Heights, City of Contractor License 100057 06/11/21 06/30/22 Firestone, Town of Contractors License - Type C 22C-24 11/15/21 12/31/22 NONE Fort Collins, City of Non-Structural Concrete License no assigned # & Bonds current $ 10,000.00 Fort Collins, City of Contractors License & Right of Way License no assigned # Keep the lnsu ranc $ 20,000.00 Fort Collins, City of Right of Way License no assigned # No expiration $ 10,000.00 Fort Lupton, Citv of Contractor License - Type B 00034-123 02/10/21 12/31/22 NONE Fort Morgan, City of Contractor's License 21-000130 12/02/21 12/31/22 NONE Frederick, Town of Contractor's License - Type A 553 01/02/22 12/31/22 NONE Golden, City of Contractors License 2326 02/10/21 03/04/23 NONE Greeley, City of ROW Contractor 109934 07/01/21 06/30/22 $ 10,000.00 Greenwood Village, City of Contractors License - Level D OL-22-01414 05/05/21 06/10/22 NONE Lafayette, Citv of General A License SPC9208213 06/07/21 06/07/22 NONE Lakewood, City of Contractors License 15507 07/14 /21 07/14/22 NONE Littleton, City of Contractors License D20001 02/10/21 02/18/23 NONE Longmont, City of Contractors License - Tvpe D Asphalt D200003370 02/18/22 Louisville, City of Contractor License- General D LSVL-001183-2017 02/05/21 06/24/22 NONE Northglenn, City of Right of Way License 22-ROW-006 01/01/22 12/31/22 NONE Platteville, Town of Contractor's License 1535 12/02/21 12/31/22 NONE Sterling, Citv of Building Contractor License 2021-113 05/02/22 NONE Thornton, City of Contractor License EXC202 l00802 05/04/21 05/24/22 NONE Vail, Town of Contractor Registration 374-A 02/10/20 04/30/23 NONE Westminster, City of D-Public Wav Contractor 60731047 06/13/07 02/28/22 $ 5,000.00 Wheat Ridge, City of Contractors License - class B 000452 08/31/22 $ 10,000.00 Winter Park Business License 3860 02/05/21 12/31/22 NONE Woodland Park Business License 329834 11/15/21 12/31/22 NONE ITB-22-SLURRY PROJECT Page 6 SECTION Ill - CONTRACTING HISTORY 1. Contracting History A. List the applicant Firm's six largest contracts in the last three years. 1. Company Name City and County of Denver Contact Name Amy Strouthopoulos Street Address 201W. Colfax Ave. City Denver State Zipo._ 8_02_0_2 _ Phone No: 3_()_3-446-3466 E-mail: Amy.Strouthopoulos@denvergov.org Contract Name & Number 2020 Citywide Chip Seal and Crack Seal Program Contract Amount 4,982,53-3 35 Start/Completion Dates 6/l S/ 20- 12/1 7/ 20 Description of Work Chip Seal, Slurry Seal, Crack Seal Prime or Subcontractor Prime 2. Company Name City and County of Broomfield Street Address One Descombes Drive City Broomfield Phone No: 303-464-5802 Contact Name-K-athry-n B-erg=h ------- State ZiCode_80_0_20 _ E-mail: kbergh@broomfield.org Contract Name & Number 2021Pavment Preservation Program Contract Amount , 3 76, 4 955·26 Start/Completion Dates 6/14/21-12/9/21 Description of Work Asphalt, Chip Seal, Crack SE!_al, Slurry Seal, Concrete Prime or Subcontractor Prime 3. Company Name City of Brighton Contact Name Chris Montoya Street Address 5oo s. 4th Ave. City Brighton State ZiCode-80-60-1 ------ Phone No: 303-655-2037 E-maiI: cmontoya@brightonco.gov Contract Name & Number 2020 Pavement Preservation Project Contract Amount 2,900,967.07 Start/Completion Dates 6/20-2/21 Description of Work Asphalt, Chip Seal, Crack Seal, Slurry Seal, Concrete Prime or Subcontractor Prime ITB-22-SLURRY PROJECT Page 7 SECTION Ill • CONTRACTING HISTORY - (Continued) 4. Company Name City of Aurora Contact Name--Ra-ul G-rie-go'-------- Street Address. 15740 E. 32nd Ave. City Aurora Phone No: 303-326-8213 State ZiCode--800-11------ E-maii: rgreigo@auroragov.org Contract Name & Number 2021 Aurora Surface Treatment Program Contract Amount 1,960,432.69 Start/Completion Dates 05/ 2-1 11/ 21 Description of Work Asphalt, Chip Seal, Slurry Seal, Crack Seal Prime or Subcontractor Prime 5. Company Name City of Colorado Springs Contact Nam,e Kelli Kenned_y: _ Street Address 1015 Transit Dr City Colorado Springs Phone No: 719-385-5264 State Zi 8_09_0_3 _ E-mail: kelli.kennedy@coloradosprings.gov Contract Name & Number R19-T194MZ PPRTA Chip Seal Program 2021 Contract Amount , 1 53, 6 25-6 91 Start/Completion Dates 7/ 2-1 11/16/ 21 Description of Work _c_hi-'-p_S_ea_l _ Prime or Subcontractor Prime 6. Company Name City of Fort Collins Contact Name_M_ik_e_K_n_ox _ Street Address 281College Ave. City Fort Collins Phone No: 970-224-6061 State Zip Code_8_o_5_22 _ E-mail: mknox@fcgov.com Contract Name & Number 2021 Asphalt Surfacing Program Contract Amount 1•670•322·71 Start/Completion Dates 0512-1 9/ 21 Description of Work Chip Seal, Slurry Seal Prime or Subcontractor Prime ITB-22-SLURRY PROJECT Page 8 □ □ □ □ □ □ □ If "Yes" to Sections IV, V or VI, provide details including a brief summary of cause(s) of action, indicate if Applicant Firm, Owner or Affiliate Firms were plaintiffs (P) or defendants (D); define charges explicitly, by what authority, court or jurisdiction, etc. Complete details are required! NOTE: For Sections IV and V below, the definition of an "investigation" includes: an appearance before a grand jury by representatives of the Firm; any oral or written inquiry or review of the Firm's documents by a governmental or law enforcement agency or investigative agency; or questioning of employees concerning the general operation or a specific project or activities of the Firm SECTION Ill - CONTRACTING HISTORY - (Continued) In the past five years has the Applicant Firm or any Affiliate been the subject of any of the following actions? A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes B. Failed to complete a contract for a commercial, private owner or Government agency? [ZI No Yes C. Been denied a low-bid contract in spite of being the low bidder? No Yes D. Had a contract terminated for any reason, including default? (29 No Yes E. Had liquidated damages assessed against it during or after completion of a contract? !xi No D Yes SECTION IV - CIVIL ACTIONS 1. Violations Of Civil Law In the past five years has Applicant Firm, any of its Owners, or any Affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? !xi No D Yes 2. Lawsuits With Public Agencies At the present time is, or during the past five years has the Applicant Firm, any of its Owners, or any Affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge or to a public agency? K] No Yes 3. Bankruptcy During the past five years, has the Applicant Firm or any Affiliate filed for bankruptcy or reorganization under the bankruptcy laws? !xi No D Yes 4. Judgments, Liens And Claims During the past five years, has the Applicant Firm been the subject of a judgment, lien or claim of $10,000 or more by a subcontractor or supplier? No Yes 5. Tax Liens During the past five years, has the Applicant Firm been the subject of a tax lien by federal, state or any other tax authority? 1K] No D Yes SECTION V - COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes ITB-22-SLURRY PROJECT Page 9 □ □ □ B. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other accusatory instrument? 00 No Yes C. Been convicted, after trial or by plea, of any felony under state or federal law? IZI No D Yes D. Been convicted of any misdemeanor involving business-related crimes? Ix) No D Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or a violation of any antitrust laws? Ix) No D Yes F. Entered into a consent decree? IZ] No Yes G. Been granted immunity from prosecution for any business-related conduct constituting a crime under state or federal law? 1K) No D Yes H. Taken the Fifth Amendment in testimony on any business-related crime? 1K) No D Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? 00 No D Yes J. Do any Owners in Applicant Firm have any felony charges pending against them that were filed either before, during, or after their employment with the Applicant Firm? IX] No D Yes 1. Regulatory Compliance In the past five years, has Applicant Firm, any of its Owners, or Affiliates been cited for: A. A violation of any labor law or regulation, including prevailing wage rates and fair labor practices? Ix) No D Yes B. An OSHA violation? Ix] No Yes C. A violation of federal, state or local environmental laws or regulations? IKI No D Yes D. Any other administrative, statutory or regulatory violations? 1K] No D Yes SECTION VI - ETHICS 1. False Statements, Bribes, Collusion In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Filed with a government body (including City of Wheat Ridge) or submitted to a government employee (including City of Wheat Ridge employee) any form of document known by the Applicant Firm, any of its Owners, or by the person submitting the document, to contain false information? 1K) No D Yes B. Created or maintained false business records? !Kl No D Yes C. Given, or offered to give, money or any other benefit to a public official or employee with intent to influence that person regarding any of their official acts, duties or decisions? Ix) No D Yes D. Given, or offered to give, money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities, and/or violations of lobbying regulations)? IZ] No D Yes ITB-22-SLURRY PROJECT Page 10 □ □ □ □ E. Agreed with another to bid below prevailing market rate? !xi No D Yes F. Agreed with another to submit identical or complimentary bids or otherwise not to bid competitively? IX]No Yes G. Agreed with another not to submit competitive bids in another's territory established either by geography or customers? IX] No Yes H. Agreed with another to take turns in obtaining contracts by pre-determining which Firm shall submit the lowest bid? No Yes 2. Conflict Of Interest A. Does the Applicant Firm, any of its Owners or Project Team Members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if Applicant Firm should be a recipient of a contract with the City of Wheat Ridge? IX] No Yes B. Has any Owner or Project Team member of Applicant Firm ever (if yes explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a Member of Wheat Ridge City Council? !Kl No D Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council Member? IX] No D Yes SECTION VII -ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: Letter of Reference from your Firm's Surety, which states current available aggregate and single project bonding capacity (This Application will not be processed without this letter) Certification of all lMSA certified personnel, if applying for traffic signal project(s). A minimum of two full time employees must be certified at Level II or higher. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. ITB-22-SLURRY PROJECT Page 11 LIST OF SUBCONTRACTORS AND AMOUNT ITB-22-SLURRY PROJECT Important: This form must be submitted and completed. If you are not using sub-contractors, state "None". Failure to submit a completed form will result in a non-responsive bid. Contractor's organization shall perform work amounting to 50% or more of the total contract cost. COMPANY SUBMITTING BID A--1-Ch-ip-sea'l C-o. NAME JY_pE OF WORK AMOUNT %OF WORK Asphalt Testing Services Materials Testing $509.75 .19% Trinity Traffic Control Traffic Control $9,455.00 3.5% Front Range Striping Striping $18,310.00 6.8% Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. MOODY Sincerely, INSURANCE AGENCY March 24, 2022 City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 RE: A-1 Chipseal Company To Whom It May Concern: Moody Insurance Agency, Inc. currently handles the bond program for A-1 Olipseal Company. We have found Danny Gryzmala and his staff to be individuals of high integrity, with a vast knowledge of the construction industry. They have a well-deserved reputation of producing a quality product in a timely and cost effective manner. Surety bonds for A-1 Chipseal Company are written by Western Surety Company through this agency. Western Surety Company has an A.M. Best rating of A and a financial size category of XIV. While no specific limitations have been placed on their surety program, A-1 Chipseal Company is qualified to undertake single projects in excess of $10,000,000 with an aggregate program in the $20,000,000 range. A-1 Chipseal rurrently has approximately $18,000,000 available for bonded projects. Approval of all bonds would be based upon the size, type and location of the project, as well as the favorable review of the plans, specifications, and contract. It is understood, of course, that any arrangement for bonds is a matter between this agency, A-1 Chipseal Company and Western Surety Company. We assume no liability to third parties, or to you, if for any reason we do not execute said bonds. We are proud to recommend our valued client. If you have any questions, or require additional information, please do not hesitate to contact me at 303-824-6605. '--.:.¥ -<\_ . Karen A. Feggestad Senior Surety Account Manager Denver I Grand Junction J Colorado Springs moodyins.com ITB-22-SLURRY PROJECT Page 12 B'f(.;,_ A 1..) 4i);,V A[A ,... , / ...., • 0 . • I \ i'\ *···: •• ••ol.ORAt>'J••••• Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving federal financial assistance. The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it, as well as all of its responsible agents, contractors and consultants, is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements. The bidder, whose name and signature appear below, certifies and agrees as follows: 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award. 3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance. 4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance. FIRM: A-1 Chipseal Co. (Print full legal name of compa AUTHORIZED SIGNATURE:-...."-=. ,_,"'-'-:; _ Printed Name and Title: Daniel J Gryzmala, President Date Certified and Agreed: 3/24/2022 PIace corporate seal below: · · · Stephanie Wallis, Corporate Secretary .,tt'"'"''' Bidder must complete and SUBMIT this form with bid/proposal or will be consi I C ,.,. Non-Responsiveand/or Non-Responsible and therefore disqualified from b - •·•· • · •.? fi , :' t,O POR r,·•.:c \ 6 f SEAL«'\ 11 / 09/ 1992 I: .. --- CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 \ ITB-22-SLURRY PROJECT Page 13 * iG-,._ * The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of CRS 8-17.5-101 as amened CRS 8-17.5-102 et seq. 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization. 3. The Vendor represents, warrants, and agrees that it (i) has verified that it does not employ any workers without authorization, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b)(I). 4. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this 24th day of March , 2022 BID NUMBER: ITB-22-Slurry Project FIRM: A-1 Chi seal Co. (Print Full Leg _re) Authorized Signature:_ ./_Z Print Name: Daniel J G!)'._zmala < ..... ,=---------------------- ................. §,•: ··s·e·a·l·c·"· . , ,:, C, .· •-" _'\ Ii,.,_/.'v(c)?-,P,.O... R,. Ar/•.'-9\ Date: Ji<. . {-;-' I .·-<::, Print Title: President 3/24/22 - : \i..,t , . ._ -:0\.aa : \., :. 11/09/1992 :. ," Attestation: (A corporate attestation is required.) • II ... .·. o o.·. I '\ ··. L.OR -·· L 6 2 ii',,,,,, •••••••• _'6tll ......,,ll ·..,qr Corporate Secretary or Equivalent Stephanie Wallis, Corporate Secretary Place corporate seal here, if applicable Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. g CITY OF WHEAT RIDGE. CO CERTIFICATION STATEMENT FOR WORKERS WITHOUT AUTHORIZATION1 COMPLIANCE TO HB 1343 ITB-22-SLURRY PROJECT Page 14 STEPHANIE WALLIS Notary Public State of Colorado Notary ID# 20064012221 I My Commission Expires 04-02-2026 ' •••• ••••• ..A' c 11 COMPANY SUBMITTING BID:_ _;A:....:.--=-1-=C=h=ip=s=ea=l--==C=o.:..... _ STATE OF: Colorado COUNTY OF: Adams Daniel J Gryzmala of lawful age, being duly sworn, on oath says that (s)he is the agent authorized by the Bidder to submit the attached bid. Affidavit further states that the Bidder has not been a party of any collusion among Bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or any Federal, State or Municipal official or employees as to quantity, quality, or price in the prospective Contract, or any other items of said prospective Contract; or in any discussions between bidders and any Federal, State or Municipal official concerning exchange of money or other thing of value for , a!t ideration inthe letting of a Contract. ,,.. • ('\s e a l , ,,,, 0 .. C, • ·" \ fl'.•.:_/ () t>OR,4,-f\\ NAME: Daniel J Gryzmala _/LI' / /./- ' <: SEAL ·:" ; . 11/UW I .: .I. TITLE: President -,:. ••.o ,..o.: I fQ. ••.9LOR •· ...4-1.....--.•.•.•.•t•t•.• ..... .-·,. My Commission Expires: 4 _ "l..- '2.-c; Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. CITY OF WHEAT RIDGE, CO NON-COLLUSION AFFIDAVIT ITB-22-SLURRY PROJECT 4 day of ( J/\_, ,2022 ITB-22-SLURRY PROJECT Page 15 ·.. Effective January 1, 2014, the Keep Jobs in Colorado Act requires that Colorado labor be employed to perform at least 80% of the work on a public works project, as defined in C.R.S. 8-19-102(2). References Keep Jobs in Colorado Act - 8-17-101, et.seq., C.R.S. Definition of Public Projects - 8-19-102, C.R.S. Construction Bidding for Public Projects - 24-92-102, C.R.S. House Bill 13-1292, Keep Jobs in Colorado Act The Vendor, whose name and signature appear below, certifies and agrees as follows: 1. The Vendor shall comply with the provisions of House Bill 13-1291 and CRS 8-17-101 et seq. 2. The Vendor represents, warrants, and agrees that it (i) Colorado labor will be employed to perform at least 80% of the work on a public works project, or (ii) otherwise, shall comply with the notification requirements and/or waiver request of CRS 8-17-101 et seq. 3. The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this Act or CRS 8-17-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge. CERTIFIED and AGREED to this _ 24 _ day of March , 2022 BID NUMBER: ITB-22-Slurry Project _ FIRM: _ -1Chipseal Co. AUTHORIZED S IGNATURE-: --""-"-+----'..._,.,:;.., _ Print Name: Daniel J G!Y_zmala Print Title: President Date: I %.! . seal -'h ;.., .·······• .0':J,...')i;. _-;,o ... • Stephanie Wallis, Corporate Secretary Plac Bidder must complete and SUBMIT this form with'bidlp or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. • CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR KEEP JOBS IN COLORADO ACT (80% Colorado Labor), COMPLIANCE TO H.B.13-1292 B Corpllir'ate Secretary or Equivalent ITB-22-SLURRY PROJECT Page 16 PROPOSAL FORM ITB-22-SLURRY PROJECT This is the Proposal (Bid} of A-1 Chipseal Co. (hereinafter called "BIDDER") or organized and existing under the laws of the State of Colorado doing business as a Corporation (Insert "a corporation", "a partnership", or "an individual" as applicable.) To the CITY OF WHEAT RIDGE (hereinafter called "Owner"). The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Contract Bid Documents, to complete all Work as specified or indicated in the Contract Bid Documents for the Contract Sum and within the Contract time indicated in accordance with the Contract Bid Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders. The Bid will remain open for sixty days after the day of Bid opening. Bidder will sign the Agreement and submit any documents required by the Contract documents within seven (7) calendar days after notification or the designated date. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently without consultation, or communication with any competitor. Every bid submitted to the City shall contain a statement certifying that the Bidder has not participated in any collusion or taken any action in restraint of free competitive bidding. This statement shall be in the form of an affidavit provided by the City and included in the Bid Proposal. The Bidders proposal will be rejected if it does not contain the completed Non-collusion Affidavit. Bidder agrees to abide by the following federal requirements: Executive Order No. 11246 as amended, including specifically, the provisions of the Equal Opportunity Clause, the Immigration Reform and Contract Act of 1986, and the Americans with Disabilities Act of 1991. United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. Bidder hereby agrees to commence Work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Project within 45 working days. The Notice to Proceed shall be issued within fourteen (14) days of the execution of the Agreement by the Owner. Should there be reason why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress, or performance of the Work and has made such independent investigation as Bidder deems necessary. Bidder will complete the Work for all accepted bid items. ITB-22-SLURRY PROJECT Page 17 '4_s e_ -' c ,,,,, Corporate Secretary Title A-1 Chipseal Co. Company Name 3/24/2022 Date President Title PROPOSAL FORM, CONTINUED ITB-22-SLURRY PROJECT Provide all materials, labor, and equipment to complete the work as per the specifications. It is the Owner's intent to award a single contract to the lowest qualified bidder. Project: 2022 SLURRY PROJECT Daniel J Gryzmala Printed Name President Title 000452 Contractor - Type B 08/31/2022 License No. ATTEST: Type Expiration Date .,...,....,,.,.,,, SEAL (If bid is by corporation) ADDENDA Bidder acknowledges receipt of the following Addenda: 1 Bid Schedule nt of the completed electronic BID SCHEDULE (Protected Excel Signature President Title Bidder must complete and SUBMIT this farm with bid/proposal or will be considered Non-Responsive and/or Nan-Responsible and therefore disqualified from bidding. BID SCHEDULE ITB-22-SLURRY PROJECT Page 1 BID SCHEDULE ITB-22-SLURRY PROJECT 2022 Slurry Project - Main Bid - 30 Streets, City Wide ITEM NO. PAY ITEM BID SCHEDULE #1 A-1 Chipseal Co. QUANTITY UNIT UNIT PRICE Company Submitting Bid EXTENSION SUBTOTAL THIS PAGE BID SCHEDULE #1 l; $ $ SUBTOTAL THIS PAGE BID SCHEDULE #1 $ TOTAL AMOUNT OF BID SCHEDULE #1 $ 223,212.76 l/\ 403 HMA Patching CIP 6" SP-100 PG (64-22) S 100 SY 409 Slurry Seal 84,778 SY 626 Mobilization 1 LS 630A Traffic Control Management 1 LS 720 Material Sampling & Testing 1 LS $ 98.00 $ 9,800.00 $ 2.42 $ 205,162.76 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 750.00 $ 750.00 BID SCHEDULE ITB-22-SLURRY PROJECT Page 1 BID SCHEDULE ITB-22-SLURRY PROJECT Company Submitting Bid 2022 Slurry Project - Alt Bid #1 - Miller Street, 1-70 Frontage BID SCHEDULE #2 A-1 Chipseal Co. Road to 50th Avenue ITEM NO. PAY ITEM QUANTITY UNIT UNIT PRICE EXTENSION 409 Slurry Seal 1,752 SY 626 Mobilization 1 LS 6278 Mark Arrow Right (15.5sf) Tape 2 EA 627C Mark Arrow Left (15.5sf) Tape 2 EA 627C Mark Special - "ONLY" (150 sf) Tape 2 EA 627C Mark Special - Triangle (30 sf) Tape 12 EA 627G White Marking Tape (24") 37 LF 627H 8" White Pave Mark Modified Epoxy Recess 192 SF 6271 4" Dbl Yellow Pave Mark Modified Epoxy Recess 245 SF 627L 7" White Pavement Marking Temp 192 SF 627M 3" Dbl Yellow Pavement Marking Temp 245 SF 630A Traffic Control Management 1 LS 720 Material Sampling & Testing 1 LS SUBTOTAL THIS PAGE BID SCHEDULE #2 SUBTOTAL THIS PAGE BID SCHEDULE #2 TOTAL AMOUNT OF BID SCHEDULE #2 "" - $ 2.42 $ 4,239.84 $ 6,500.00 $ 6,500.00 $ 390.00 $ 780.00 $ 390.00 $ 780.00 $ 555.00 $ 1,110.00 $ 555.00 $ 6,660.00 $ 11.15 $ 412.55 $ 11.15 $ 2,140.80 $ 11.15 $ 2,731.75 $ 11.15 $ 2,140.80 $ 11.15 $ 2,731.75 $ 5,500.00 $ 5,500.00 $ 100.00 $ 100.00 $ 35,827.49 $ $ $ $ 35,827.49 BID SCHEDULE ITB-22-SLURRY PROJECT Page 1 - BID SCHEDULE ITB-22-SLURRY PROJECT Company Submitting Bid 2022 Slurry Project - Alt Bid #2 -Garrison BID SCHEDULE #3 A-1 Chipseal Co. St to Iris Court ITEM NO. PAY ITEM QUANTITY UNIT UNIT PRICE EXTENSION $ 2.42 $ 9,002.40 $ 100.00 SUBTOTAL THIS PAGE BID SCHEDULE #3 $ 10,352.40 $ $ SUBTOTAL THIS PAGE BID SCHEDULE #3 $ TOTAL AMOUNT OF BID SCHEDULE #3 $ 10,352.40 v') $ 750.00 $ 750.00 $ 500.00 $ 500.00 $ 100.00 409 Slurry Seal 3,720 SY 626 Mobilization 1 LS 630A Traffic Control Management 1 LS 720 Material Sampling & Testing 1 LS BID SCHEDULE ITB-22-SLURRY PROJECT Page 1 BID SCHEDULE ITB-22-SLURRY PROJECT BID SCHEDULE TOTALS A-1 Chipseal Co. Company Submitting Bid "OTAL AMOUNT OF BID SCHEDULE #1 "OTAL AMOUNT OF BID SCHEDULE #2 "OTAL AMOUNT OF BID SCHEDULE #3 BID SCHEDULE NAME TOTAL AMOUNT 2022 Slurry Project - Main $ Bid - 30 Streets, City Wide 2022 Slurry Project - Alt Bid #1 - Miller Street, 1-70 $ Frontage Road to 50th Avenue 2022 Slurry Project - Alt Bid $ #2 -Garrison St to Iris Court 223,212.76 35,827.49 10,352.40 TOTAL AMOUNT OF ALL BID SCHEDULES= $ 269,392.65 vi "',:,-., proper officers, the day and year first se <e:rtn EP. Ar ·-- ; j BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, A-1 Chipseal Company, 2505 E. 74th Avenue, Denver, CO 80229 (name and address of Contractor) as Principal, and Western Surety Company, 151 N. Franklin Street, Chicago, IL 60606 (name and address of surety) as Surety, are hereby held and firmly bound unto the City of Wheat Ridge as Owner in the penal sum of Five Percent of Amount Bid---(--5%--) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed this 24th day of March , 2022. The condition of the above obligation is such that whereas the Principal has submitted to the City of Wheat Ridge a certain BID, attached hereto and hereby made a part hereof, to enter a contract in writing for the Project titled ITB-22· SLURRY PROJECT. NOW, THEREFORE, 1. If said Bid shall be rejected or, 2. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with the said Bid) and shall furnish a Bond for his faithful performance of said Contract, and for the payment for all persons performing labor or furnishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said Bid. Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by an extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such exte sm- ;"" IN WITNESS WHEREOF, the Principal an - iQ._ereunto set their hands and seals, and such of them as are corporations have caused their corp! ! W,fe"h affixed and these presents)o be signed by their •• SEAL ! A-1 (Zh al C.Qf1'ihal(l( •• \. 11/09 /1992 . .: . - •.c, o.· ' ,·••.OLOR Q••• · \ ;It.:. - ·*.·····•. ... Western Surety Company (Surety) By: - --! V" &U ► lq' Y \.... / By: Eliza Ostblom, Attorney-In-Fact IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. MEMBER- MOODY INSURANCE AGENCY, INC. IIBI 8055 East Tufts Avenue, Suite 1000 DENVER, COLORADO 80237 ITB-22-SLURRY PROJECT PHONE: (303) 824-6600 R<SOCIIOON Of BOND PRODUCERS Page 18 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jody L Anderson, Evan E Moody, Karen A Feggestad, Tina Marie Post, Bradley J Moody, Andrew J Waterbury, Elizabeth Ostblom, Individually of Denver, CO, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confinucd . This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 22nd day of December, 2021. I!,+:\,-.,. !§'o/_._,o '";11 •\"\'I,..£..-A" ,... ......iii WESTERN SURETY COMPANY • uUI T. Bruflat, Vice President State of South Dakota County of Minnehaha } ss On this 22nd day of December, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument ; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires March 2, 2026 .............................._................... f M. BENT f i NarARY PUBLIC $ J SOUTH DAKOTA $ ............................................... ♦ m &I: .. M . i:,em, .l'iotary Pubhc CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of March , 2022 . WESTERN SURETY COMPANY 4 2l ls crm,ry Fonn F4280-7-2012 Go to www .cnasu rety.com > Owner/ Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. -.,,/ .• Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporat ion. The signature of any such officer and the corporate seal may be printed by facsimile . 2024 CRACK SEAL PROGRAM Bid Schedule STREET NAME SEGMENT ITEM UNIT QTY FEE 34th Place Ward Road to Union Street Crack Seal LBS 1348 3,504.80$ Peirson Street 33rd Avenue to 32nd Avenue Crack Seal LBS 615 1,599.00$ Parfet Street 32nd Avenue to 38th Avenue Crack Seal LBS 428 1,112.80$ Lee Street 35th Avenue to 38th Avenue Crack Seal LBS 1110 2,886.00$ 37th Place Lee Street to Lewis Street Crack Seal LBS 119 309.40$ Lewis Street 37th Place to Lee Street Crack Seal LBS 259 673.40$ 37th Avenue Lee Street to Kline Street Crack Seal LBS 276 717.60$ Kline Street 37th Avenue to 35th Avenue Crack Seal LBS 336 873.60$ Miller Court 38th Avenue to 35th Avenue Crack Seal LBS 696 1,809.60$ Oak Street 41st Avenue to 38th Avenue Crack Seal LBS 1402 3,645.20$ Pierson Street 38th Place to Cul de sac Crack Seal LBS 736 1,913.60$ 38th Place Parfet Street to Pierson Court Crack Seal LBS 497 1,292.20$ Quail Court 38th Place to 38th Avenue Crack Seal LBS 599 1,557.40$ Tabor Court 38th Avenue to 39th Place Crack Seal LBS 269 699.40$ 39th Place Tabor Court to Taft Court Crack Seal LBS 161 418.60$ Taft Court 39th Place to 38th Place Crack Seal LBS 213 553.80$ 38th Place Taft Court to Tabor Court Crack Seal LBS 186 483.60$ Simms Court 38th Avenue to Cul de sac Crack Seal LBS 2048 5,324.80$ 40th Circle Simms Street to Cul de sac Crack Seal LBS 281 730.60$ Simms Court 40th Circle to 38th Avenue Crack Seal LBS 1294 3,364.40$ 38th Place Simms Street to Cul de sac Crack Seal LBS 241 626.60$ 39th Circle Simms Street to Cul de sac Crack Seal LBS 198 514.80$ 39th Place Simms Street to Cul de sac Crack Seal LBS 229 595.40$ Simms Street Simms Court to Cul de sac Crack Seal LBS 120 312.00$ Routt Street 38th Avenue to 39th Place Crack Seal LBS 949 2,467.40$ 39th Place Routt Street to Robb Street Crack Seal LBS 842 2,189.20$ 40th Avenue 39th Place to End of road Crack Seal LBS 237 616.20$ Robb Street 39th Place to 38th Avenue Crack Seal LBS 742 1,929.20$ 38th Place Routt Street to Cul de sac Crack Seal LBS 418 1,086.80$ 39th Avenue Routt Street to Cul de sac Crack Seal LBS 126 327.60$ 39th Place Routt Street to Cul de sac Crack Seal LBS 280 728.00$ Rolfe Court Routt Street to Cul de sac Crack Seal LBS 379 985.40$ 39th Place Tabor Court to Taft Court Crack Seal LBS 161 418.60$ 38th Drive 38th Avenue to Cul de sac Crack Seal LBS 558 1,450.80$ Wright Court 38th Drive to end of street Crack Seal LBS 114 296.40$ Wright Street 38th Drive to end of street Crack Seal LBS 184 478.40$ Subtotal - Crack Seal LBS 18651 48,492.60$ Parfet Street 32nd Avenue to 38th Avenue White pavement marking tape SF 868 0 Parfet Street 32nd Avenue to 38th Avenue Double yellow epoxy paint SF 1754 0 Parfet Street 32nd Avenue to 38th Avenue White marking tape (24") SF 112 0 Oak Street 41st Avenue to 38th Avenue White pavement marking tape SF 94 0 Oak Street 41st Avenue to 38th Avenue Double yellow epoxy paint SF 191 0 Oak Street 41st Avenue to 38th Avenue White marking tape (24") SF 28 0 Subtotal - Pavement markings SF 3047 0 Traffic Control 17,250.00$ Mobilization 1,500.00$ TOTAL FEE 67,242.60$ City of Wheat Ridge Public Works Department ATTACHMENT 2 Improvement Zones ATTACHMENT 3 Your signature here ITEM NO: 1c DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A CONTRACT WITH AND SUBSEQUENT PAYMENTS TO SUNLAND ASPHALT & CONSTRUCTION, INC. FOR CONSTRUCTION OF THE HAYWARD PARK WALKING TRAIL PROJECT IN THE AMOUNT OF $238,259 WITH A CONTINGENCY OF $16,678 FOR A TOTAL NOT TO EXCEED THE AMOUNT OF $254,937 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Parks & Recreation City Manager ISSUE: The Hayward Park walking trail has deteriorated over time, creating an uneven surface with large cracks, resulting in safety concerns for trail users. The City received grant funding from the Jefferson County Open Space Trails Partnership Program to fund a portion of this trail replacement project. Approval of this contract will allow the City to complete this important work. PRIOR ACTION: This project was included in the 2024 budget within the Park Maintenance Projects line (32-601- 800-871) in Fund 32. The budget was adopted by City Council on October 9, 2023. FINANCIAL IMPACT: The City was awarded $36,069 from the Jefferson County Open Space Trails Partnership Program for the Hayward Park Trail project. Budgeted in Fund 32, the project cost is $238,259, with a $16,678 (7%) contingency, for a total not to exceed amount of $254,937. Council Action Form – Hayward Park Trail Construction Contract October 28, 2024 Page 2 BACKGROUND: Due to unsafe conditions resulting from normal wear and tear over time, the Parks & Recreation Department budgeted funds to replace the Hayward Park walking trail. Additionally, staff sought grant support from Jefferson County Open Space. The City was awarded funds in the amount of $32,069 to assist with the costs associated with creating a safer walking trail for the community. Several residents have reached out by phone and email, and some commented during public engagement associated with the Wheat Ridge Parks & Recreation Pathway, expressing their desire to see improvements made to this area. RECOMMENDATIONS: City staff recommends approval of the contract to complete construction on the Hayward Park walking trail. RECOMMENDED MOTION: “I move to approve a contract with and subsequent payments to Sunland Asphalt & Construction, Inc. for construction of the Hayward Park Walking Trail Project in the amount of $238,259 with a contingency of $16,678 for a total not to exceed amount of $254,937.” Or, “I move to not approve a contract with and subsequent payments to Sunland Asphalt & Construction, Inc. for construction of the Hayward Park Walking Trail Project in the amount of $238,259 with a contingency of $16,678 for a total not to exceed amount of $254,937 following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. Contract with Sunland Asphalt & Construction, Inc. Work Order Signature Document Sourcewell EZIQC Contract No.: CO-R2-PAC-022924-SAC Hayward Park - walking trail New Work Order 24-Wheatridge-0009.00 Modify an Existing Work Order Work Order Title: Work Order Number.:Work Order Date: X 09/16/2024 Contractor Name: Contact: Phone: Contact: Phone: Dominic Fiore 303.791.8300 Owner Name:COLORADO - City of Wheatridge Whitney Mugford-Smith 720.517.9337 Sunland Asphalt & Construction, Inc. Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CO-R2-PAC-022924-SAC. Brief Work Order Description: rework and widen trail Will not apply:Liquidated Damages Will apply: Estimated Completion Date: Estimated Start Date: Time of Performance X Work Order Firm Fixed Price: $238,258.77 Owner Purchase Order Number: Approvals Date DateContractorOwner 2.00 Page 1 of 1 9/16/2024 Work Order Signature Document ATTACHMENT 1 3.00 Detailed Scope of Work Whitney Mugford-SmithDominic FioreTo:From: Sunland COLORADO - City of Wheatridge No Data Input 7500 W 29th Ave No Data Input, Wheat Ridge, CO 80033 303.791.8300 720.517.9337 Work Order Number: September 16, 2024Date Printed: 24-Wheatridge-0009.00 Hayward Park - walking trailWork Order Title: Brief Scope:rework and widen trail Revised FinalPreliminaryX The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Base Bid: Includes Testing, Sediment Control, Inlet Protection Concrete Sidewalk Remove Approx. 6425 Square Feet Of Asphalt To A Depth Of 6 Inches. Install 2 Inches Of Class 6 Road Base And Pour Approx 9940 SF With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. Concrete Thickened Edge Add Thickened Edge To 995 LF Concrete - Bike Pads Remove Approx. 288 Square Feet Of Failed Concrete To A Depth Of 6 Inches. Compact Existing Base And Pour With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. Rebolt Park Benches. Concrete Repairs Curb And Gutter Remove Approx. 30 Ln. Ft. Of Curb And Gutter. Compact Existing Base And Pour With 4500PSI Concrete. Drain Holes Install (4) 36" Wide X 60" Deep Cobble Rock Drains. Use Round 36" Auger To Drill Drains. Clean And Haul Away All Construction Debris From Drilling Drain Holes. Install Landscape Fabric As A Filter, Use Clean 3"-6" Cobble To Fill Drain Holes. Option 1: Concrete Sidewalk - Option 1 Remove Approx. 425 Square Feet Of Asphalt To A Depth Of 6 Inches. Install 1 Inches Of Class 6 Road Base And Pour Approx 425 SF With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. To Be Completed Same Time As Base Bid Option 2: Concrete Sidewalk - Option 2 Remove Approx. 255 Square Feet Of Asphalt To A Depth Of 6 Inches. Install 2 Inches Of Class 6 Road Base And Pour Approx 255 SF With 6 Inches Of 4500PSI Concrete With Number 4 Rebar 24 Inches OCEW. To Be Completed Same Time As Base Bid Subject to the terms and conditions of JOC Contract CO-R2-PAC-022924-SAC. Contractor Date DateOwner Page 1 of 1 9/16/2024 Scope of Work 4.00 Contractor's Price Proposal - Summary Owner PO #: Hayward Park - walking trail 24-Wheatridge-0009.00 CO-R2-PAC-022924-SACIQC Master Contract #: Work Order #: Title: Re: September 16, 2024Date: Proposal Value: Contractor: Sunland Asphalt & Construction, Inc. $238,258.77 $223,266.24Base Bid $9,511.61Option 1 $5,480.92Option 2 Proposal Total Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $238,258.77 The Percentage of NPP on this Proposal:% Page 1 of 1 9/16/2024 Contractor's Price Proposal - Summary 5.00 Contractor's Price Proposal - Detail Hayward Park - walking trail 24-Wheatridge-0009.00 CO-R2-PAC-022924-SACIQC Master Contract #: Work Order #: Owner PO #: Title: Re: September 16, 2024Date: Proposal Value: Contractor: Sunland Asphalt & Construction, Inc. $238,258.77 (Excludes)Equip.MaterialLabor Line TotalDescriptionUOMMod.ItemSect. Base Bid 01 22 20 00 0048 On-Site Certified Materials Testing Technician1 $2,095.49HR Installation =x x 2,095.49 FactorUnit PriceQuantity Total 85.60 1.5300 16.00 Testing 01 45 23 00 0081 Nuclear Field Density Testing, 4 Hour Minimum2 $5,549.86HR Installation =x x 5,549.86 FactorUnit PriceQuantity Total 226.71 1.5300 16.00 Testing 01 55 26 00 0047 Type I Barricade, Up To 3' Wide With Reflective Rail Each Side3 $590.12WK Installation =x x 590.12 FactorUnit PriceQuantity Total 5.51 1.5300 70.00 Barricades 01 55 26 00 0050 Type II Barricade, Up To 3' Wide With Two Reflective Rails Each Side4 $93.48WK Installation =x x 93.48 FactorUnit PriceQuantity Total 12.22 1.5300 5.00 Barricades 01 55 26 00 0166 Placement And Removal Of Up To 250 Barricades By Hand From Roadside5 $265.07EA Installation =x x 265.07 FactorUnit PriceQuantity Total 2.31 1.5300 75.00 Barricades 01 56 16 00 0080 3/4" Thick, Plywood For Temporary Floor ProtectionIncludes removal after use.6 $3,121.20SF Installation =x x 3,121.20 FactorUnit PriceQuantity Total 1.02 1.5300 2,000.00 Tracking Pad 01 57 23 00 0006 60" x 60" x 18" Non-Woven Polypropylene Oil and Sediment Drain Guard (Ultra-Drain Guard® 9358)Up to 2.06 gallons oil, up to 40 lbs sediment. 7 $1,523.60EA Installation =x x 1,523.60 FactorUnit PriceQuantity Total 142.26 1.5300 7.00 Sediment Control 01 71 13 00 0002 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback Flatbed TruckIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as trenchers, skid-steer loaders (bobcats), industrial warehouse forklifts, sweepers, scissor platform lifts, telescoping and articulating boom man lifts with up to 40' boom lengths, etc. 8 $980.82EA Installation =x x 980.82 FactorUnit PriceQuantity Total 320.53 1.5300 2.00 Mobilization Of Crew Page 1 of 5 9/16/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-Wheatridge-0009.00 Hayward Park - walking trail Base Bid 01 71 13 00 0003 Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc. 9 $7,722.58EA Installation =x x 7,722.58 FactorUnit PriceQuantity Total 1,261.86 1.5300 4.00 Mobilization Of Equipment. skidsters-2 , buggies- 2. 01 74 19 00 0035 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee10 $4,224.64CY Installation =x x 4,224.64 FactorUnit PriceQuantity Total 23.40 1.5300 118.00 Disposal of Material 02 41 13 13 0026 >3" To 6" By Machine, Break-up And Remove Non-Reinforced Concrete Paving11 $26,637.42SY Installation =x x 26,637.42 FactorUnit PriceQuantity Total 15.77 1.5300 1,104.00 Demo Of Exisiting Sidewalk 02 41 13 13 0026 0014 For >1,000 To 2,500, Deduct12 -$4,953.53MOD Installation =x x -4,953.53 FactorUnit PriceQuantity Total -2.84 1.5300 1,140.00 02 41 19 13 0005 Non-Reinforced Concrete Slab Or Paving Up To 4" Depth, Saw Cut13 $122.40LF Installation =x x 122.40 FactorUnit PriceQuantity Total 1.60 1.5300 50.00 Saw cutting 02 41 19 13 0005 0030 For Each Additional Pass (Depth To 3"), Add14 $45.90MOD Installation =x x 45.90 FactorUnit PriceQuantity Total 0.60 1.5300 50.00 03 31 13 00 0005 6" 3,000 PSI Slab On Grade Concrete Slab Assembly15 $121,904.46SF Installation =x x 121,904.46 FactorUnit PriceQuantity Total 7.79 1.5300 10,228.00 pour Concrete 03 31 13 00 0005 0150 For 4,500 PSI Concrete, Add16 $7,041.98MOD Installation =x x 7,041.98 FactorUnit PriceQuantity Total 0.45 1.5300 10,228.00 03 31 13 00 0082 250' Haul, Non-Motorized, Concrete Buggy17 $5,625.96CY Installation =x x 5,625.96 FactorUnit PriceQuantity Total 17.51 1.5300 210.00 Hauling of Concrete 03 35 13 00 0004 Broom, Concrete Floor Finish18 $13,145.03SF Installation =x x 13,145.03 FactorUnit PriceQuantity Total 0.84 1.5300 10,228.00 Broom Finish 03 35 13 00 0004 0053 For >5,000 To 10,000, Deduct19 -$608.33MOD Installation =x x -608.33 FactorUnit PriceQuantity Total -0.04 1.5300 9,940.00 Page 2 of 5 9/16/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-Wheatridge-0009.00 Hayward Park - walking trail Base Bid 07 51 13 00 0143 36" Wide, Fiberglass Reinforced Asphaltic Walkway Protection Pad (Tremco Trem-Tred®) 20 $9,964.13LF Installation =x x 9,964.13 FactorUnit PriceQuantity Total 26.05 1.5300 250.00 Sediment Control- Tracking Pad 31 05 16 00 0025 Class 5 Granite Aggregate Fill (#200 to 1-1/2")21 $1,452.58CY Installation =x x 1,452.58 FactorUnit PriceQuantity Total 47.47 1.5300 20.00 Class 6 Road Base 31 05 16 00 0025 0054 For >8 To 16, Add22 $116.28MOD Installation =x x 116.28 FactorUnit PriceQuantity Total 4.75 1.5300 16.00 31 25 14 26 0035 2' x 4' x 3' Inlet Protection Sediment Bag23 $881.22EA Installation =x x 881.22 FactorUnit PriceQuantity Total 82.28 1.5300 7.00 Sediment Control 31 37 13 00 0003 >50 To 100 LB Average Pieces Random, Dumped From Truck, Rip Rap24 $3,696.48CY Installation =x x 3,696.48 FactorUnit PriceQuantity Total 96.64 1.5300 25.00 Rip Rap for Drain Holes 32 92 19 13 0027 60% Kentucky Bluegrass, 20% Creeping Red Fescue, 10% Red Top And 10% Domestic Rye, Hydro Or Air Spread4 LB/MSF spread rate. 25 $933.91MSF Installation =x x 933.91 FactorUnit PriceQuantity Total 87.20 1.5300 7.00 Sodding landscape 32 92 19 13 0027 0342 For >4 To 7.5, Add26 $310.05MOD Installation =x x 310.05 FactorUnit PriceQuantity Total 28.95 1.5300 7.00 33 11 13 00 0035 30" Water Well Hole Drilled In Sedimentary Rock27 $10,783.44LF Installation =x x 10,783.44 FactorUnit PriceQuantity Total 352.40 1.5300 20.00 $223,266.24Subtotal for Base Bid Option 1 01 74 19 00 0035 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee28 $286.42CY Installation =x x 286.42 FactorUnit PriceQuantity Total 23.40 1.5300 8.00 Disposal of Material 02 41 13 13 0026 >3" To 6" By Machine, Break-up And Remove Non-Reinforced Concrete Paving29 $1,158.15SY Installation =x x 1,158.15 FactorUnit PriceQuantity Total 15.77 1.5300 48.00 Demo Of Exisiting Sidewalk 02 41 19 13 0005 Non-Reinforced Concrete Slab Or Paving Up To 4" Depth, Saw Cut30 $244.80LF Installation =x x 244.80 FactorUnit PriceQuantity Total 1.60 1.5300 100.00 03 31 13 00 0005 6" 3,000 PSI Slab On Grade Concrete Slab Assembly31 $5,065.45SF Installation =x x 5,065.45 FactorUnit PriceQuantity Total 7.79 1.5300 425.00 pour Concrete Page 3 of 5 9/16/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-Wheatridge-0009.00 Hayward Park - walking trail Option 1 03 31 13 00 0005 0150 For 4,500 PSI Concrete, Add32 $292.61MOD Installation =x x 292.61 FactorUnit PriceQuantity Total 0.45 1.5300 425.00 03 31 13 00 0005 0154 For Up To 500, Add33 $1,567.10MOD Installation =x x 1,567.10 FactorUnit PriceQuantity Total 2.41 1.5300 425.00 03 31 13 00 0082 250' Haul, Non-Motorized, Concrete Buggy34 $214.32CY Installation =x x 214.32 FactorUnit PriceQuantity Total 17.51 1.5300 8.00 03 35 13 00 0004 Broom, Concrete Floor Finish35 $546.21SF Installation =x x 546.21 FactorUnit PriceQuantity Total 0.84 1.5300 425.00 Broom Finish 03 35 13 00 0004 0052 For >250 To 500, Add36 $136.55MOD Installation =x x 136.55 FactorUnit PriceQuantity Total 0.21 1.5300 425.00 $9,511.61Subtotal for Option 1 Option 2 01 74 19 00 0035 Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee37 $179.01CY Installation =x x 179.01 FactorUnit PriceQuantity Total 23.40 1.5300 5.00 Disposal of Material 02 41 13 13 0026 >3" To 6" By Machine, Break-up And Remove Non-Reinforced Concrete Paving38 $603.20SY Installation =x x 603.20 FactorUnit PriceQuantity Total 15.77 1.5300 25.00 Demo Of Exisiting Sidewalk 03 31 13 00 0005 6" 3,000 PSI Slab On Grade Concrete Slab Assembly39 $3,039.27SF Installation =x x 3,039.27 FactorUnit PriceQuantity Total 7.79 1.5300 255.00 pour Concrete 03 31 13 00 0005 0150 For 4,500 PSI Concrete, Add40 $175.57MOD Installation =x x 175.57 FactorUnit PriceQuantity Total 0.45 1.5300 255.00 03 31 13 00 0005 0154 For Up To 500, Add41 $940.26MOD Installation =x x 940.26 FactorUnit PriceQuantity Total 2.41 1.5300 255.00 03 31 13 00 0082 250' Haul, Non-Motorized, Concrete Buggy42 $133.95CY Installation =x x 133.95 FactorUnit PriceQuantity Total 17.51 1.5300 5.00 03 35 13 00 0004 Broom, Concrete Floor Finish43 $327.73SF Installation =x x 327.73 FactorUnit PriceQuantity Total 0.84 1.5300 255.00 Broom Finish 03 35 13 00 0004 0052 For >250 To 500, Add44 $81.93MOD Installation =x x 81.93 FactorUnit PriceQuantity Total 0.21 1.5300 255.00 Page 4 of 5 9/16/2024 Contractor's Price Proposal - Detail Contractor's Price Proposal - Detail Continues.. Work Order Title: Work Order Number:24-Wheatridge-0009.00 Hayward Park - walking trail $5,480.92Subtotal for Option 2 Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding. $238,258.77 The Percentage of NPP on this Proposal:% Page 5 of 5 9/16/2024 Contractor's Price Proposal - Detail Subcontractor Listing 24-Wheatridge-0009.00 Hayward Park - walking trail CO-R2-PAC-022924-SACIQC Master Contract #: Work Order #: Owner PO #: Title: Re: September 16, 2024Date: Proposal Value: Contractor: Sunland Asphalt & Construction, Inc. $238,258.77 %DutiesName of Contractor Amount No Subcontractors have been selected for this Work Order 0.00$0.00 6.00 Page 1 of 1 9/16/2024 Subcontractor Listing ITEM NO: 2 DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2024 – AN ORDINANCE AMENDING RELEVANT SECTIONS OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S GENERAL BUSINESS LICENSE REQUIREMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/14/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/28/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Deputy City Manager City Manager ISSUE: This ordinance makes several amendments to the City’s Business Licensing Code. These changes are designed to ensure compliance with state legislation, transition to bi-annual business license renewals, introduce an inspection fee, and consolidate certain special licenses with regular business licenses. PRIOR ACTION: The City Council reached consensus to consider these amendments at the August 19, 2024, Study Session. City Council approved this ordinance on first reading on October 14, 2024. A motion was made by Councilmember Stites and seconded by Councilmember Hopee and was approved by a vote of 8 to 0. FINANCIAL IMPACT: Staff anticipates a modest increase in licensing revenue with the introduction of a business licensing inspection fee. This fee is intended to offset the costs of inspections, which are currently conducted by Charles Abbott Associates, the City's contracted building inspection services provider. Council Action Form – Amending General Business License Requirements October 28, 2024 Page 2 BACKGROUND: Remote Seller Information Form Businesses with a physical presence in the City are classified as physical nexus (PN) businesses. Those that sell products in Wheat Ridge but are located elsewhere are classified as economic nexus (EN) businesses. The City’s Municipal Code requires that both PN and EN businesses maintain a Wheat Ridge Business License. However, this conflicts with statute resulting from the adoption of SB22-032. This bill amended C.R.S 39-26-802.9, stating that “on or after July 1, 2023, a local taxing jurisdiction shall not require a retailer that … does not have a physical presence in the local taxing jurisdiction to … apply separately to the local taxing jurisdiction for a general business license. If the local taxing jurisdiction requires a general business license, it shall automatically issue a general business license at no charge to such a retailer…”. In response to this legislative change, the City of Wheat Ridge Finance Division no longer requires EN businesses to obtain a traditional business license. Instead, these businesses are required to complete a Remote Seller Information Form (RSIF) to provide the necessary details for sales tax collection. This ordinance formally exempts EN businesses from business licensing requirements and codifies that they must obtain a RSIF. Bi-Annual Business Licensing The City’s Finance Division processes over 4,000 business licenses and remote seller information forms during the renewal season each year. Processing these renewals requires extensive manual data entry, placing a substantial burden on the division’s staff. In addition to manually entering renewals, staff handle customer service inquiries, assist with renewal submissions, issue notifications to businesses nearing expiration, and pursue compliance among non-compliant businesses, all while juggling their regular responsibilities. This ordinance transitions the City from annual to bi-annual business licensing, reducing the administrative burden for both businesses and City staff. To further streamline operations, business license and RSIF renewals will be staggered so that approximately 50% of businesses renew each calendar year, thereby reducing staff’s annual workload. Staff plans to implement bi-annual licensing for the 2025 calendar year. However, the ordinance is designed to provide flexibility through 2026 to address any unforeseen technical challenges during the rollout of GovOS business licensing software, which could delay the implementation of bi-annual licensing. Additionally, the ordinance grants City Council the authority to adjust business license fees via resolution. Staff will present a fee schedule alongside the annual budget, increasing the license fee from $20 for a one-year license to $40 for a two-year license, thus ensuring continuity of revenue. Inspection Fee Physical Nexus (PN) businesses applying for an initial business license, relocating within the City, or expanding to new locations are required to pass a site inspection. This business license inspection ensures that facilities comply with regulatory and building code standards for their operations. Council Action Form – Amending General Business License Requirements October 28, 2024 Page 3 Charles Abbott Associates (CAA), the City’s contracted building services provider, conducts these inspections and charges the City $95 per inspection. This ordinance shifts the responsibility for paying the inspection fee to business license applicants, with the fee to be set by City Council resolution. Staff will propose a fee schedule as part of the annual budget process, recommending an inspection fee of $95 to fully recover the cost of the service. Late Fees Currently, business licenses expire on December 31st of each year, with businesses required to renew by the end of a grace period on January 31st. Renewals submitted after this date are considered late and incur progressively higher fees based on the delay. 50-60% of businesses fail to renew by the January 31st deadline each year, requiring staff to divert time and resources toward ensuring compliance, rather than focusing on other important responsibilities. This ordinance authorizes the City Council to determine late fees, which will be set by resolution. Staff will propose a fee schedule alongside the annual budget, aligning the increase in late fees with the corresponding increase in business licensing fees, as outlined below. Current and Recommended Business License Late Fees Consolidating Special Licenses Businesses that wish to engage in certain activities must obtain special licenses, such as tobacco or hotel licenses, in addition to their regular business licenses. This policy can be burdensome, confusing, and time-consuming for both staff and license holders, as it requires tracking multiple licenses with different renewal schedules. Special licenses are categorized as either essential or supplemental. Essential licenses allow a business to engage in its core operations and losing one would likely result in the business ceasing operations entirely. In contrast, supplemental licenses permit activities that complement a business’s primary operations. The following table classifies these licenses. Special License Categories Essential Licenses Supplemental Licenses Hotel License Amusement Arcades or Amusement Centers Massage Business License Liquor License Pawnbrokers and Secondhand Dealers License Medical Marijuana Licenses Short Term Rental License (no business license) Retail Marijuana Licenses Social Clubs License Tobacco Product Retail License Submittal Date Current Late Fees 2025 Late Fees Dec/Jan $0 $0 February $10 $20 March $30 $60 April or Later $100 $200 Council Action Form – Amending General Business License Requirements October 28, 2024 Page 4 This ordinance simplifies the licensing process by consolidating 'essential' special licenses with business licenses. Licenses for hotels, massage businesses, pawnbrokers, and secondhand dealers will now serve as both business and special licenses. If a special license is revoked, the business will no longer be permitted to operate. Since this structure is already in place for short-term rental licenses, they are not included in the ordinance. To offset lost business licensing revenue, staff will present the City Council with a fee schedule that raises annual license fees for hotels, massage businesses, pawnbrokers, and secondhand dealers by $20. Additional Information Staff has examined the feasibility of offering business licenses of various lengths, including 1-year and 2-year options. However, after discussions with GovOS, the City’s incoming business licensing software provider, we determined that implementing this option is not technically feasible with their software. To offer licenses of different lengths would require extensive manual inputting by staff. As a result, defeating the efficiency gains that the City hoped to gain when improving its licensing software. Staff also considered adjusting the late fee schedule to apply the highest penalty of $200 on May 1st instead of April 1st. However, after reviewing a sample of businesses subject to the April 1st penalty, staff determined that the delays are largely due to habitual behavior, not a need for more time. Extending the deadline by one month is unlikely to significantly reduce delinquency and would instead require staff to monitor delinquencies for an additional month, adding unnecessary burden with minimal benefit. RECOMMENDATIONS: Staff recommends approving Council Bill No 21-2024. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2024, an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements, on second reading, order it published, and that it takes effect fifteen (15) days after final publications as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 21-2024, an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements for the following reason(s) ______________________________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Mark Colvin, Finance Manager Alli Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 21 ORDINANCE NO. 1806 Series 2024 TITLE: AN ORDINANCE AMENDING RELEVANT SECTIONS OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S GENERAL BUSINESS LICENSE REQUIREMENTS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31-23-301, et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to this authority, the Council previously adopted general business license requirements and regulations, codified as Article II, Chapter 11 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, City staff have recommended certain amendments to the City’s general business licensing program to remove the licensing requirements for those businesses without a physical presence in the City and those businesses which rely on other City issued licenses for continued operation, transition the business license effectiveness period to two years, establish a licensing inspection fee, provide the City with additional fee establishment powers, and make conforming amendments; and WHEREAS, the Council finds that these amendments are necessary to ensure the continued effective regulation of certain classes of business operations within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-22 of the Wheat Ridge Code of Laws, concerning violations of business license requirements, is amended by the revision of one existing definition to read as follows: Sec. 11-22.- Violations. It shall be a violation of the City Code to conduct business within the city without a valid business license unless specifically exempted from the provisions of this article. BUSINESSES WHICH HAVE AN “ECONOMIC NEXUS” WITHIN THE CITY, AS DEDINED AT CODE SECTION 22-21 ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF THIS ARTICLE BUT MUST MAINTAIN A SALES AND OR USE TAX LICENSE PURSUANT TO CHAPTER 22. A business license shall be considered valid if it is current and complies with the requirements of the City Code. Penalties for violations of this section shall be as set forth in sections 1-5 and 1-6 of the City Code. Each day that a business is conducted in violation of the City Code shall be a separate offense. Section 2. Section 11-24 of the Wheat Ridge Code of Laws, concerning business license applications, is amended to read as follows: Sec. 11-24. - Applications. (a) An application for a license shall be made on forms prescribed by the city treasurer and filed at the offices of the city treasurer, in compliance with the provisions of this article. (b) Application shall be made prior to the commencement of business within the city or, in the event of a renewal, prior to January 1 of the calendar year for which the license is sought. A thirty-day grace period after the application deadline shall be permitted. (c) A business license shall be required in addition to all other licenses required by the City Code or state statute, except that: (1) contractors subject to licensing pursuant to article IV, division 2 of chapter 5 of the City Code shall not be required to pay for a business license; (2) BUSINESSES WHICH DO NOT HAVE A PHYSICAL PRESENCE IN THE CITY AND WHICH ONLY HAVE ECONOMIC NEXUS PRESENCE WITHIN THE CITY AS DEFINED AT CODE SECTION 22-21 SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE; AND (3) ANY BUSINESS WHICH HAS BEEN ISSUED A SPECIALITY BUSINESS LICENSE PURSUANT TO ARTICLES VII, X, XIV, OR XVI OF CHAPTER 11 SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE. Section 3. Section 11-25 of the Wheat Ridge Code of Laws, concerning the issuance of business licenses, is amended to read as follows: Sec. 11-25. - Issuance of License. (a) No license shall be issued unless the city treasurer finds, after investigation, that: (1) All applicable provisions of the City Code and state statutes have been met by the applicant; (2) The required fees and previously assessed penalties have been paid; (3) The application has been reviewed by the city zoning officials, the use is valid under the city land use ordinances, and all required inspections have been performed. THE APPLICANT SHALL BE RESPONSIBLE FOR THE PAYMENT OF AN INSPECTION FEE, WHICH SHALL BE DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (b) Any license issued in error may be canceled. (c) Upon issuance, the license shall be mailed to the licensee at the address stated in the application. Section 4. Section 11-27 of the Wheat Ridge Code of Laws, concerning the renewal period for business licenses, is amended to read as follows: Sec. 11-27.- Expiration of and renewal of license. (a) All general business licenses shall expire December 31 EVERY TWO YEARS FOLLOWING THEIR DATE OF ISSUANCE OR RENEWAL.THE CITY MAY CHOOSE TO ISSUE A ONE-YEAR BUSINESS LICENSE TO ANY BUSINESS RENEWING FOR CALENDAR YEAR 2025 OR 2026, AFTER WHICH ALL SUBSEQUENT LICENSES SHALL BE ISSUED FOR A TWO-YEAR PERIOD. All exempt institution licenses are issued for a three-year period. SHALL EXPIRE EVERY THREE YEARS FROM THEIR DATE OF ISSUANCE OR RENEWAL. (b) A renewal notice shall be sent to each licensee prior to the expiration of the license. The license may be renewed by filing a new application and paying applicable fees as required by this article. (c) Except as otherwise provided by the City Code, the city treasurer may, in THEIR discretion, waive the submission of a renewal application, so long as the application and license fees imposed by this chapter are paid in a timely manner and the vendor is not delinquent in the payment of any tax either collected and due the city, made by or otherwise assessed by the city, or delinquent in filing of required city sales and use tax returns. (d) The city treasurer may authorize the renewal of an exempt institution license as long as the organization has not changed the substance of the data on the original application, and so long as the licensee is not in violation of the terms of its previous exempt institution license or any provisions of the City's Code. Section 5. Section 11-29 of the Wheat Ridge Code of Laws, concerning business license fees, is amended to read as follows: Sec. 11-29. - Fees. (a) The annual lLicense feeS shall be DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (b) Fees may be paid in cash or by check, bank draft or money order. Fees paid in any form except cash will be accepted by the city treasurer subject to collection. (b) Whenever any check, bank draft or other instrument received by the city treasurer for payment of any fee or penalty is returned unpaid or uncollectible, such fee or penalty shall be deemed unpaid. Any license issued while a required fee or penalty assessed pursuant to the City Code remains unpaid shall be canceled. (c) In the event that a license is sought for a time period between August 31 and December 31 of a NON-RENEWAL calendar year, the full application fee and one-half the license fee shall be paid. (d) A late fee and/or fine shall be assessed, In addition to the regular application and license fees, A LATE FEE AND/OR FINE SHALL BE ASSESSED IN GRADUATED AMOUNTS, BASED UPON THE DEGREE OF UNTIMELINESS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR LICENSE, DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. as follows: (e) A ten dollar ($10.00) fee if applied for or renewed more than thirty (30) but not more than sixty (60) days after the commencement of business within the city or expiration of the prior year’s license. (f) (2) A fifty dollar ($50.00) fee if applied for or renewed more than sixty (60) days but not more than ninety (90) days after the commencement of business within the city or expiration of the prior year’s license. (g) A one hundred dollar ($100.00) fee if applied for or renewed more than ninety (90) days after the commencement of business within the city or expiration of the prior year’s license. (e) If a summons to municipal court is required to obtain licensing compliance, the municipal court shall impose a fine under sections 1-5 and 1-6 of this Code of no less than five dollars ($5.00) per day of operation without a license or with an expired license in addition to the maximum late fee. (f) Late fee waivers shall be granted at the discretion of tax division staff only in acknowledgment of proof of timely mailing or in the event of exigent and unavoidable circumstances such as death, catastrophic illness, or disaster. (g) The city treasurer may not charge a fee for the reissue of a replacement for a lost or damaged license. (h) A BUSINESS LICENSE INSPECTION FEE, IF APPLICABLE, SHALL BE DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (i) All business/tax licensing fees may be reviewed occasionally by city staff. City staff may then forward recommendations concerning amending such fees to the city council; provided, however, the fees may not be increased by more than a percentage equal to the sum of the Denver-Boulder Annual Consumer Price Indices since the last increase, rounded to the nearest dollar. Section 6. Section 11-171 of the Wheat Ridge Code of Laws, concerning the compliance with the license requirements of pawnbrokers and secondhand dealers shall be amended to read: Sec. 11-171.- Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained a nontransferable pawnbroker's license issued by the city. It is unlawful for a secondhand dealer to fail to comply with all applicable requirements of this article. A secondhand dealer is not required to obtain a license pursuant to this article. Section 7. Section 11-234(a) of the Wheat Ridge Code of Laws, concerning the license requirement for massage businesses shall be amended to read: Sec. 11-234.- Licenses required. (a) No person or entity shall be permitted to operate a massage business in the city without a valid massage business license in addition to the business license required by chapter 11, article II. Additionally, no person or entity shall be permitted to operate such massage business without a licensed manager on site at all times, except as provided in (c) below. A massage business may obtain manager's licenses for more than one (1) individual. Section 8. The introductory paragraph of Section 11-235(a) of the Wheat Ridge Code of Laws, concerning the application for a massage business license shall be amended to read: Sec. 11-235.- Application. (a) In addition to the requirements of this chapter and chapter 11, article II, each application for a massage business license shall contain the following information: Section 9. Section 11-562(a) of the Wheat Ridge Code of Laws, concerning the requirements to obtain a hotel license shall be amended to read: Sec. 11-562.- License required; licensee fee; license renewals. (a) Issuance. No person shall conduct or operate a hotel without first having obtained a hotel license issued by the city as required by this article. This requirement to obtain a hotel license is in addition to the requirement to obtain a business license pursuant to article II of this chapter. Applicants for a hotel license shall pay the applicable fee. Section 10. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of October 2024, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 28, 2024, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Margy Greer, Senior Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: October 15, 2024 Second Publication: October 29, 2024 Effective Date: November 13, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2024 – AN ORDINANCE ADOPTING A NEW ARTICLE VI IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING AUTOMATED VEHICLE IDENTIFICATION SYSTEMS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/14/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/28/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: Traffic issues, primarily excessive speeds and red-light violations, are a continual complaint from the public. Residents contact various departments, primarily the police department, to request speed and other traffic enforcement on their streets to address the increased hazards these violations tend to create. Wheat Ridge is a smaller community impacted by major roadways and highways often used by community members and non-community members alike. This volume of traffic makes it difficult for an agency, sized to serve the community of residents and businesses, to adequately meet the demands of traffic control and safety. The use of technology in law enforcement continues to be one of the more impactful changes to modern day policing. One of those innovative technologies that is expanding nationwide is the use of Automated Vehicle Identification Systems (AVIS). Staff is requesting City Council to adopt a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws to allow for the use of AVIS in Wheat Ridge to address these traffic concerns. CAF – Automated Vehicle Identification Systems October 28, 2024 Page 2 PRIOR ACTION: On April 8, 2024, the Wheat Ridge Police Department took part in a City Council Study Session requesting direction from City Council related to the research of AVIS technology and its implementation. During that Study Session, City Council provided consensus to move forward with the program. City Council approved this ordinance on first reading on October 14, 2024. A motion was made by Councilmember Dozeman and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The use of the AVIS system requires no dedicated city funding. The contract outlines the lease of two fixed cameras ($8,990.00), two trailer mounted cameras ($12,990.00) and a hand-held camera ($1,995). The one-time lease payment is met through the Civil Infractions identified, processed and issued through the company’s software. Once the lease payment is met the company will receive $29.00 per hour for the services identified below. This equates to the city receiving approximately 70% of the revenue and the company receiving approximately 30% of the revenue. The $29.00 per hour or the 30% service fee funds the camera maintenance, service and movement, software management, police officer training, infraction processing, court docket preparation and expert witness testimony when needed. Any funds generated through this program can only be deposited in either the general fund or special fund as directed by state legislation. There is no financial impact if the ordinance is not passed. BACKGROUND: Traffic safety complaints tend to reflect a variety of concerns for the many motorists, bicyclists and pedestrians that utilize the City’s roadways for day-to-day mobility. In review of the citizen complaints and inquiries, it appears to reflect a genuine concern on the part of the residents of Wheat Ridge that the motorists using the roadways of Wheat Ridge are not aligned with their community’s values. The Wheat Ridge Police Department responds to these requests as time and resources allow attempting to address traffic issues throughout the community through traditional traffic enforcement methods. In an effort to address these complaints in a more comprehensive manner the police department has looked towards leveraging the new AVIS technology as a way of offering the community the service it deserves, stronger feelings of safety, and a belief that they have the ability to influence the greater community to align with Wheat Ridge values. One of the things the police department looked at as it relates to the use of AVIS technology is whether the system itself aligns with the Wheat Ridge values. To address this concern, staff have implemented as part of the system a phase in which a sworn Wheat Ridge Police Officer approves or denies each and every Civil Infraction the company is intending on sending out. This ensures that the Wheat Ridge Values are honored and infused to the automated aspect of the AVIS system. CAF – Automated Vehicle Identification Systems October 28, 2024 Page 3 The Wheat Ridge Police Department has thoroughly researched the use and implementation of AVIS technology. The first step in moving forward with AVIS is the adoption of the code language that allows for this technology to be implemented within Wheat Ridge. Staff is requesting a change to adopt a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems so that the City may implement speed enforcement and red-light enforcement under the municipal code. The ordinance was produced under the guidance of the city’s legal advisors, and staff respectfully request City Council to approve this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2024, an ordinance adopting a new Article VI Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems, second reading, order it published, and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 22-2024, an ordinance adopting a new Article VI Chapter 13 of the Wheat Ride Code of Laws concerning Automated Vehicle Identification Systems, for the following reason(s)_______________________________.” REPORT PREPARED/REVIEWED BY: Eric Kellogg, Division Chief Chris Murtha, Police Chief Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2024 10/23/2024 HTTPS://CIWHEATRIDGECOUS-MY.SHAREPOINT.COM/PERSONAL/RCURRY_CI_WHEATRIDGE_CO_US/DOCUMENTS/DESKTOP/10.28.24 PACKET PREP/241028 - C.2.B - ORD - V.2 2024 06 24_WR ORD AVIS. W RL ADDTN.DOCX CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 22 ORDINANCE NO. 1807 Series 2024 TITLE: AN ORDINANCE ADOPTING A NEW ARTICLE VI IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING AUTOMATED VEHICLE IDENTIFICATION SYSTEMS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to C.R.S. § 42-4-110.5, the City is authorized to utilize automated vehicle identification systems to detect violations of tragic regulations adopted by the City, subject to certain conditions and limitations; and WHEREAS, the Wheat Ridge Police Department desires to install automated vehicle identification systems to ensure more robust enforcement of the City’s tragic laws; and WHEREAS, the Council finds it desirable to amend the Wheat Ridge Code of Laws to enact an automatic vehicle identification system within the City for the protection of local health, safety, and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Chapter 13 of the Wheat Ridge Code of Laws is amended by the addition of a new Article VI, to read in its entirety as follows: Article VI – Automated Traffic Enforcement Sec. 13-90. - Definitions. For the purposes of this article, the following words, terms and phrases, shall have the following meanings: Automated Traffic Enforcement shall mean a system used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle. The term includes a system whereby: ATTACHMENT 1 2 (1) A machine is used to automatically detect a speed violation or a traffic control signal violation, and simultaneously record a photograph of the vehicle and the license plate of the vehicle; and (2) A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle. Civil Penalty Assessment Notice shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation that has previously received a notice of violation. Notice of Violation shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation detected by an automated traffic enforcement system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner of said vehicle. Residential Neighborhood shall mean any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less. Sec. 13-91. - Notices of Violation in General. (a) If the City detects any alleged violation of a county or municipal traffic regulation or traffic violation under state law using an automated traffic enforcement system, then the City shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail or personal service, a Notice of Violation. (b) The City may only issue a Notice of Violation for violations that occur: (1) Within a school zone, as defined in C.R.S. § 42-4-615; (2) Within a residential neighborhood; (3) Within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614; (4) Along a street that borders a City park; or (5) Along a street, or portions of a street, which the City designates as an automated traffic enforcement system corridor as set forth in Section 13-93. 3 (c) The Notice of Violation shall contain, at minimum, the following information: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate number of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; (6) Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty. The notice shall contain a written deadline for disputing the alleged violation which is not less than forty-five (45) days after the issuance date of the notice (d) To protest the Notice of Violation, the registered owner must request, in writing, a hearing to dispute the alleged violation. Sec. 13-92. – Speeding and Traffic Signal Violations. (a) Speeding Violations. (1) For a speeding violation of less than ten (10) miles per hour over the reasonable and prudent speed under a county or city traffic regulation or under state law through the use of an automated traffic enforcement system, the violation shall be cited as follows: a. For the registered owner's first offense, a written warning with no penalty or surcharge; and b. For the registered owner's second or subsequent offense, a Notice of Violation. (2) For a speeding violation of ten (10) miles per hour or more over the reasonable and prudent speed under a county or city traffic regulation or under state law through the use of an automated traffic enforcement system, the City shall issue the registered owner a Notice of Violation. 4 (b) Civil Penalty. The maximum civil penalty for a speeding violation or traffic control signal violation under this Section, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone, in which case the maximum penalty shall by eighty dollars ($80.00). A violation that occurs within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614 may be subject to a civil penalty of eighty dollars ($80.00). (c) Signage. The City shall: (1) Post a permanent sign in a conspicuous place not fewer than three hundred (300) feet before the beginning of the automated traffic enforcement system corridor and a permanent sign not fewer than three hundred feet before each camera within the corridor thereafter and/or; (2) Post a temporary sign not fewer than three hundred feet before any mobile camera. Sec. 13-93. - Automated Traffic Enforcement System Corridors. (a) Pursuant to C.R.S. § 42-4-110.5(2)(g)(I), the City will identify automated traffic enforcement system corridors based on collected traffic data and place the automated traffic enforcement system to represent the highest traffic safety needs of the City. (b) Should the City elect to designate an automated vehicle identification corridor, the City shall illustrate, through data collected within the past five years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as said automated vehicle identification corridor. (c) The City will coordinate with the Department of Transportation and Colorado State Patrol in enforcing the provisions of this Article. (e) If applicable, the City will publish a report on its website disclosing the number of citations and revenue generated by an automated traffic enforcement system corridor. (f) The City shall not locate an automated traffic enforcement system corridor on any highway that is part of the federal interstate highway system. Sec. 13-94. - Civil Penalty Assessment Notices. (a) If the City has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the Notice of Hearing, then the City shall issue, 5 or cause its vendor to issue, a Civil Penalty Assessment Notice to be served on the registered owner either by first-class mail or personal service. (b) The Civil Penalty Assessment Notice shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty; and (6) Information on how to pay the prescribed civil penalty. (c) If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order must be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Jefferson County Court. (d) The City may initiate or pursue a collection action against the registered owner of a motor vehicle for debt resulting from the final order of liability contingent upon personal service of the Notice of Violation or the final order of liability. (e) The City shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under state law if the violation was detected using automated traffic enforcement (f) If the registered owner fails to pay the full prescribed civil penalty, the City shall not attempt to enforce the penalty by immobilizing the registered vehicle owner's vehicle. Sec. 13-95. - Vendors. (a) No portion of any fine collected using an automated traffic enforcement system may be paid to the manufacturer or vendor of the automated traffic enforcement system equipment. The compensation to such vendor by the City shall be based on the value 6 of such equipment and the value of any services provided and shall not be based on the number of traffic citations issued or the revenue generated by such equipment or services. Sec. - 13-96. Data Retention. (a) The City shall: (1) Program the automated traffic enforcement system to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs; (2) Treat all photographs and video collected by the automated vehicle traffic enforcement system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act" part 2 of Article 72, Title 24, C.R.S.; (3) Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated traffic enforcement system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and (4) Destroy any photographs and video of a violation collected by the automated traffic enforcement system within three (3) years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of October 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 28, 2024 at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 7 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 28th day of October 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. CITY OF WHEAT RIDGE, COLORADO ________________________________ Bud Starker, Mayor ATTEST: ________________________________ Margy Greer, Senior Deputy City Clerk __________________________ Approved as to Form: Gerald E. Dahl, City Attorney First Publication:10/15/24 Second Publication:10/29/24 Effective Date:11/13/24 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: October 28, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A SERVICE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND ALTUMINT INCORPORATED TO PROVIDE AUTOMATED VEHICLE IDENTIFICATION SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The use of technology in law enforcement continues to be one of the more impactful changes to modern day policing. One of those innovative technologies that is expanding nationwide is the use of automation within traffic enforcement. Wheat Ridge is a smaller community impacted by major roadways and highways often used to transit the city of Wheat Ridge by community members and non-community members alike. This volume of traffic makes it difficult for an agency, sized to serve the community of residents and businesses, to adequately meet the demands of traffic control and safety. The use of Automated Vehicle Identification Systems (AVIS) to promote traffic safety, greater accountability, and more responsiveness to community concerns would fill a necessary void. To leverage the current AVIS technology the Wheat Ridge Police Department researched the use and implementation of AVIS technology. During the research the Wheat Ridge Police Department met with Altumint, Incorporated, a leader in the provision of AVIS technology since 2005 with a proven track record. We believe Altumint best serves the needs of the Wheat Ridge Police Department. Council Action Form – Altumint Service Agreement October 28, 2024 Page 2 PRIOR ACTION: On April 8, 2024, the Wheat Ridge Police Department took part in a City Council Study Session requesting direction from City Council related to the research of AVIS technology and its implementation. During that Study Session City Council provided consensus to move forward with the program. On October 14, 2024, City Council heard the first reading of the required ordinance governing the use of AVIS technology within the city of Wheat Ridge and provided consensus to move the ordinance forward for the second reading. FINANCIAL IMPACT: No dedicated city funding is required to implement AVIS. The potential amount of the revenue that may be generated by the AVIS technology in the City of Wheat Ridge is undetermined at this time. The service agreement outlines the lease of two fixed cameras ($8,990.00), two trailer mounted cameras ($12,990.00) and a hand-held camera ($1,995). The one-time lease payment is met through the Civil Infractions (typically $40.00) identified, processed and issued through the company’s software. If the lease payment is not met in a timely fashion, discussion and analysis takes place with Altumint Incorporated for re-deployment to a more productive location. If the lease payment is not met there is no obligation for the city to pay the lease payments. Once the lease payment is met Altumint, Incorporated will receive $29.00 per hour for their services. This equates to the city receiving approximately 70% of the revenue and the company receiving approximately 30% of the revenue. The $29.00 per hour or the 30% service fee funds the camera maintenance, service and movement, software management, police officer training, civil infraction processing, court docket preparation and expert witness testimony when needed. BACKGROUND: Traffic issues, primarily excessive speeds and red-light violations are a continual complaint from the citizens of Wheat Ridge. These complaints reflect a variety of concerns for the many motorists, bicyclists and pedestrians that utilize our roadways for day-to-day mobility, entertainment, and enjoyment purposes. In response to these complaints and concerns the Wheat Ridge Police Department met with Altumint, Incorporated to assess the feasibility of utilizing their vetted AVIS products. Altumint, Incorporated systems has been in operation since 2005 with AVIS technology deployed in Colorado, Florida, Virginia, Maryland, Ohio, Indiana and Georgia. The data associated with those deployed AVIS systems suggests that we can expect a reduction in speed violations of between 30% to 60%, creating substantially safer roadways. Altumint, Incorporated is a full-service AVIS provider that is designed to interact with the City’s personnel and ensure the system is aligned with the City of Wheat Ridge’s values. Each Civil Infraction is approved by a member of the Wheat Ridge Police Department. Altumint, Incorporated then completes all mailings and penalty collections with the violator. The penalties are paid through traditional mail processes, on-line through Altumiont, Incorporated’s website or through a phone line. Each process is outlined on the Notice of Civil Infraction. Altumint then Council Action Form – Altumint Service Agreement October 28, 2024 Page 3 distributes the penalties as outlined above. Data suggests that approximately one percent of Civil Infractions are not paid, in which case Altumint, Incorporated initiates a collections process. In the case that someone wishes to dispute the Civil Infraction there is an appeal process outlined on the Notice of Civil Infraction. In those cases, Altumint, Incorporated will provide a comprehensive evidentiary packet and a Subject Matter Expert, should one be needed, to assist with prosecution. As noted, Altumint, Incorporated offers a comprehensive and vetted AVIS service. This service agreement was negotiated under the guidance of the city’s legal Advisor. The approval of the Service Agreement between Altumint, Incorporated and the City of Wheat Ridge will allow the City to employ this new technology to address the complaints and ultimately create safer roadways for the citizens of Wheat Ridge. RECOMMENDED MOTION: “I move to approve the service agreement between the City of Wheat Ridge and Altumint, Incorporated to provide Automated Vehicle Identification Services.” Or, “I move to deny the service agreement between the City of Wheat Ridge and Altumint, Incorporated to provide Automated Vehicle Identification Services for the following reason(s) _______________________________________________________________.” REPORT PREPARED/REVIEWED BY: Eric Kellogg, Division Chief Christopher Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Service Agreement 1 City of Wheat Ridge, Colorado, v2 PHOTO ENFORCEMENT SERVICES AGREEMENT City of Wheat Ridge, Colorado This Photo Enforcement Services Agreement (the “Agreement”) is made and entered into this 28th day of October 2024 (the “Effective Date”), by and between Altumint, Inc., a Maryland corporation with offices at 4600 Forbes Boulevard, Suite 203, Lanham, MD 20706 (“Altumint”), and the City of Wheat Ridge, Colorado, 7500 W. 29th Avenue Wheat Ridge, CO 80033 (“Client”). 1.Background Whereas, Altumint is in the business of providing automated traffic violation detection, imaging and administrative services to authorized municipalities and government agencies using Altumint’s proprietary systems (as more specifically described herein below, the “Services”); and Whereas, Client is an authorized municipality or government agency with a need for such Services; and Whereas, Client desires to contract, pursuant to the terms and conditions of this Agreement, with Altumint for the provision of such Services. Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Client and Altumint agree as follows: 2.Services During the Term of this Agreement, and in consideration of the Fees specified in Schedule A (“Altumint Fees”), Altumint shall use reasonable commercial efforts to provide the Services to Client in accordance with the terms and conditions of this Agreement. Services shall include the following: a.Detection and Recording of Potential Traffic Violations Altumint will make available to Client certain traffic violation detection systems as specified in Schedule A, which work in conjunction with a photographic, video, or electronic camera and may also include certain equipment provided by third parties, to produce photographs, video or digital images of vehicles potentially violating traffic laws, and which may include, but are not limited to, portable, mobile and or fixed site camera systems (as specified in Schedule A, the “Monitoring System”) to detect and record potential traffic violations at the service locations(s) selected by Client (“Recorded Events”). Client agrees to operate the Monitoring System in a manner consistent with the terms and conditions of this Agreement. The Client also agrees to operate all Monitoring systems in compliance with applicable and prevailing laws of the State and/or local jurisdiction. b.Initial Validation of Recorded Events Altumint will promptly perform a preliminary review of Recorded Events data for the sole ATTACHMENT 1 2 City of Wheat Ridge, Colorado, v2 purpose of attempting to filter Recorded Event data that is of insufficient quality for further use. For example, and without limitation, Altumint may filter Recorded Events data in which no motor vehicle registration plate information or only partial information is reasonably discernible from the Recorded Event. Client will have the sole and exclusive responsibility for the final review of Recorded Events data not filtered by Altumint and the authorization and issuance of a citation thereafter. c. Motor Vehicle Records Altumint will promptly retrieve applicable Motor Vehicle Administration (“MVA”) records from Colorado and other states’ databases for motor vehicles photographed in Recorded Events using registration plate information from such vehicles, where such information is reasonably discernible from the Recorded Event. Client agrees to provide Altumint with the required authorizations and applicable access codes for Altumint to effectuate such retrieval of MVA records. The retrieval of MVA records by Altumint is solely for the purpose of presenting such information to Client and Client shall be responsible for confirming the accuracy of and matching the information to the subject motor vehicle in each instance. Altumint agrees that it will use all MVA databases in accordance with any use limitations and restrictions imposed by the owner of the database, any government or Client. d. Access to Website After Altumint has completed its preliminary review of Recorded Events data, Altumint shall post Recorded Events data not filtered by Altumint to Altumint’s proprietary VioView™ software via the internet to allow for Client’s review of Recorded Events on Altumint’s website and authorization and issuance of citations. Availability of the website and VioView software will be generally twenty-four (24) hours per day, seven (7) days per week; provided, however, that such availability is subject to change without advance notice as a result of system maintenance, unplanned downtime, and other factors and circumstances beyond Altumint’s control. Altumint will not be responsible for any such reasonable unavailability or downtime. Client’s use of the website and VioView software is governed by the terms of this Agreement and the Terms of Service. e. Payments by Mail and Online Citation payments may be made by check, money order, or credit card. Altumint, directly and or through Altumint’s third-party processor, will process payments made by mail and, at no additional cost to Client, provide the capability for individuals receiving citations to view and pay citations online by credit card. All citations and delinquent notices will expressly state that all payments of fines are to be made payable to Client at the designated physical or website address. All payments of citations will be deposited into the Lockbox Account described in Section 8 below. Payments of citations will be tracked using the system of record, VioView Financial Tracking System (“VioView FTS”). f. Citations and Delinquent/Final Notices, Printing, and Mailing Altumint, directly or through Altumint’s printing services provider, at no additional cost to Client, will print and mail a citation issued by Client or Client’s Approving Authorities (as defined in Section 3(f) below), and one delinquent (or one Final) notice for outstanding 3 City of Wheat Ridge, Colorado, v2 citation (collectively, “Notices”) to the registered owner/lessee/other of motor vehicles bearing State of Colorado plates and out-of-state plates to whom a citation has been approved by Client. Such Notices will be in a fixed, standardized format pre-approved by Client. Delinquent or Final notices will include notification of any Related Fees as defined on Schedule A of this Agreement. Client will be responsible for ensuring that the format and content of Notices comply with all applicable laws, rules, and regulations. Citations will be mailed to the individual and address specified on the issued citations, which shall be the name, and address of the registered owner/lessee/other of the vehicle as shown on the vehicle registration records. Delinquent or Final notice(s) will be mailed to the address on the issued citation unless an updated address becomes available to Altumint. g. Hearings Altumint will make available, at Altumint’s expense, a qualified expert representative to attend and provide testimony for the initial court hearing for citations provided that Altumint received at least thirty (30) days prior written notice of each such hearing. Altumint is not responsible for the outcome of any such hearing. In the event of additional expert testimony requests, Client will reimburse Altumint for costs incurred in making such expert available to testify, including reasonable travel, lodging, and related expenses and time at the expert’s then-current hourly rate. h. Maintenance and Support Altumint will, in a timely and prompt manner, maintain and service the Monitoring System and assist Client personnel who operate the Monitoring System. Altumint will be on call to correct any malfunction that renders the Monitoring System inoperable during enforcement hours. Any and all maintenance records shall be considered Confidential Information (defined hereafter) and shall not be disclosed to Client or anyone else, except as provided in the Confidentiality Section of this Agreement. i. Training Altumint, at no additional charge to Client, will be responsible for training Client to operate the Monitoring System. This includes training new operators as staffing assignments may change at the sole discretion of the Client. j. Service Locations Altumint shall provide to Client, without charge, technical advice as to the feasibility of proposed Service Locations. k. Citizen Inquiries Altumint shall provide, and include on citations, a telephone number to which recipients of citations may call Monday-Friday, 8:00 a.m. to 5:00 p.m. (ET), excluding legal holidays, to speak with a knowledgeable attendant to make inquiries and receive prompt informed answers to questions regarding such citations, billing and payment procedures and status of payments and hearing dates. Altumint may employ the services of a customer service call center; Client specifically agrees that such call center’s representatives may access and view any and all information relevant and/or necessary 4 City of Wheat Ridge, Colorado, v2 for the provision of the Services described hereunder. l. Hearing Dockets Unless agreed otherwise by the parties, on not less than a monthly basis, Altumint, in consultation with Client, shall prepare and submit to the applicable hearing officer or Court all paperwork and other documentation necessary for scheduling of hearings on all citations then ripe for review or adjudication. Altumint shall only send a notice to appear at a hearing for recipients of citations who have made a timely hearing request. m. Collections Support Altumint acknowledges that Client may place the collection of unpaid citations issued pursuant to the terms and conditions of this Agreement and past due debt owed to Client resulting from past due citations and Related Fees with a third party, for purposes of filing collection actions against any motorist and/or debtor who fails to pay amounts due and owing under any citations. Client shall be solely responsible for any and all court costs, filing fees, collection fees, attorney fees, and other expenses incurred. In association with contractual agreements referenced hereunder, Altumint is hereby authorized to provide a third party with whom the Client contracts to provide debt collections services, with any and all information relevant and/or necessary for the collection of unpaid citations, including personal information of the recipients of the citations, but Client is not obligated to use the third party provided by Altumint and instead may, in its sole discretion, engage its own collection agent or choose not to collect any or all unpaid citations and past due debt. Altumint’s obligations to cooperate and provide information to any third party whom the Client contracts to provide debt collections services shall continue throughout the term of the Agreement and for a period of twenty-four (24) months following the termination of this Agreement. Client agrees to pay Altumint an additional Processing and Administration fee set forth in Schedule A for providing information and administrative services for the collections effort performed by a third party. 3. Client’s Responsibilities Client acknowledges that certain aspects of the Service require the participation and cooperation of Client, without which Altumint’s performance of the Services may be significantly impaired or delayed. Client is responsible for the following: a. Service Location Client will select the location(s) at which the Monitoring System will detect and record potential violations (“Service Location(s)”). After the commencement of service at a Service Location, Client may elect to change the Service Location by notifying Altumint, but Altumint reserves the right to decline a request to change a Service Location that in Altumint’s opinion is technically infeasible. Client may not use the Services for any purpose not allowed by law. b. Preserve the Monitoring System Client acknowledges that the Monitoring System used to detect and record Recorded 5 City of Wheat Ridge, Colorado, v2 Events consists of valuable personal and intellectual property of Altumint. Client agrees to use its best efforts to safely operate, protect and preserve the Monitoring System during the term of this Agreement, including but not limited to, restricting movement of and access to the Monitoring System by anyone other than Client and Altumint personnel. c. Operate the Traffic Monitoring System After installation, the Client has the sole responsibility to operate the traffic Monitoring System, subject to equipment maintenance and the functions outlined in this Agreement as the responsibility of Altumint. d. Complete Operator Training Client will complete training by Altumint in the procedures for setting up and operating the Monitoring System. Altumint, at no additional cost to Client, will issue upon request a signed certificate to Client on completion of training. e. Maintain Daily Self-Test Log Client will maintain a daily self-test log when applicable to record the Monitoring System’s self-test results. f. Designate Citation Approving Authorities Client shall select and designate certain sworn officers or other duly authorized approving authorities (“Approving Authorities”) who shall review Recorded Events, identify traffic violations, and lawfully authorize and issue citations for such identified violations using the VioView™ software and Website. Client has sole responsibility for ensuring that the designated approving authorities are duly and lawfully authorized to receive and view MVA records and issue citations for the pertinent traffic violations. Altumint will assign those authorities a login-ID for accessing VioView™ software and Website. The parties agree that Altumint shall not be the Approving Authority. g. Safeguard Login Information Client will receive one (1) login-ID to VioView per Approving Authority. Client acknowledges that VioView login-IDs allow full access to Recorded Event data, including but not limited to, information derived from MVA records, and allows the ability to authorize and issue citations. Client shall be solely and exclusively responsible for safeguarding VioView login-IDs and ensuring that unauthorized individuals do not gain access to VioView. Altumint will also provide Client one (1) VioView FTS login-ID for the exclusive use by individuals authorized by Client to view citations and financial information. It shall be the Client’s responsibility to safeguard the VioView FTS login-ID as issued. Client will immediately notify Altumint of any compromise or suspected compromise of any login-ID within its knowledge. Use of VioView FTS is governed by the terms of service posted on the VioView Website. h. Collection of Citation Payments by Client Client shall not collect citation payments in any manner that is inconsistent with the 6 City of Wheat Ridge, Colorado, v2 provisions of this Agreement. Client shall instruct individuals to either pay online or mail all such payments to the Lockbox Account described in the Distribution of Funds Section. 4. Credit Card Processing Altumint will provide the capability for individuals receiving citations to pay their citations by credit card at no additional charge to Client. Altumint will provide individuals receiving citations access to its website via the Internet to view and pay citations online. Altumint is solely responsible for the functionality, security and maintenance of the payment system and will ensure that it conforms to all federal, local, and state laws, rules and regulations, as well as any and all banking rules and regulations that pertain to all forms of credit card payment. Credit card processing costs will be paid by Altumint; Altumint is authorized to charge a reasonable credit card convenience fee to individuals who pay by credit card and such credit card convenience fees are not considered revenue under this Agreement and will be retained in full by Altumint. If Altumint charges a credit card convenience fee, Altumint shall disclose said fee on the payment portal of its website. 5. System Ownership, Operation, Maintenance, and Modifications a. Altumint does not convey any equipment or system to Client. Equipment or system or any part of the equipment or system provided or used by Altumint in connection with the provision of Services under this Agreement is and shall remain the exclusive property of Altumint. b. In the event Altumint determines, in its sole but reasonable discretion, that Client is not utilizing all or any part of the Monitoring System in a sufficient manner, Altumint may recall all or any of its Monitoring System and Client agrees to make such recalled portion of the Monitoring System immediately available for retrieval by Altumint. c. Monitoring System or equipment replacement, repairs, upgrades or modifications which, in the reasonable opinion of Altumint, are required as a result of neglect, misuse, theft or loss while in the Client’s Possession, including without limitation a repair arising from or in connection with the use of software other than software provided by Altumint, shall be made at the sole expense of Client, including but not limited to, the actual cost of the repair or replacement of said system, along with labor (at Altumint’s then-current hourly rate), shipping, and travel expenses, as applicable. Otherwise, all such Monitoring System or equipment replacement, repairs, upgrades or modifications shall be made at the sole expense of Altumint. d. Upgrades to Altumint’s Monitoring Systems and/or reinstallations and/or modifications of hardware or software which are requested in writing by the Client but reasonably not deemed necessary or required for proper system operation by Altumint, shall be made at the sole expense of Client. This includes but is not limited to, the actual cost of the upgrades, modification, or replacements of said system, hardware or software, along with shipping expenses, travel expenses if required, and labor costs at Altumint’s then-current hourly rate. Altumint must provide to the Client a detailed accounting of These costs and expenses and the cost and expenses must be pre-approved by Client in writing and conform to Client’s billing practices 7 City of Wheat Ridge, Colorado, v2 prior to Altumint undertaking the upgrade(s). 6. Software Training and Support Throughout the Term of this Agreement, Altumint, at no additional cost to Client, agrees to provide training for Altumint’s VioView and VioView FTS software and website. Altumint will provide a reasonable number of reference manuals describing the features and operations for VioView and VioView FTS. Altumint will endeavor to provide updates to VioView and VioView FTS software within a reasonable time after they become generally available; provided, however, that Altumint has no obligation under this Agreement to update or modify its software in any way. Throughout the Term of this Agreement, reasonable technical assistance will be available by telephone at no charge to Client during the hours of 8:00 a.m. to 5:00 p.m. (ET), Monday through Friday (with the exception of all state and nationally recognized holidays). 7. Altumint Fees e. Fees. In exchange for the Services described in this Agreement, Client agrees to pay Altumint the fees set forth on Schedule A. Fees will be calculated based on documentation and reports extracted from VioView FTS. Client agrees that, subject to reconciliation and audit as hereinafter provided, such documentation from VioView FTS is a fair and accurate basis for the calculation of the fees due under this Agreement and such documentation shall be relevant and material in any dispute between the parties with respect to fees due hereunder. Altumint and Client will have access to VioView FTS reports. Altumint will use these reports to calculate fees due to Altumint. The fees due to Altumint will accrue until such time that the funds are available in the lockbox for distribution to Altumint. Distributions of funds will be reconciled, and a statement will be sent to confirm distributions and any outstanding balance that accumulates during the warning period. At no time will Altumint require a direct payment from the City. f. Fee Increases. Fees may be increased at the end of each contract year by the lesser of: (i) three percent (3%); or (ii) the increase in the Consumer Price Index over the preceding eighteen (18) months. Altumint shall provide thirty (30) days’ written notice prior to any such increase. g. Revenue Distribution. Once the “go-live” date occurs, Client will receive the first five hundred dollars ($500) of revenue from citations issued. After that initial $500, the fees as described in Schedule A will apply. If the citations incurred result in less than $500 in revenue, Client will receive all the revenue for that month. 8. Distribution of Funds As an administrative convenience to the Client and to ensure accurate and complete tracking of program funds, Altumint will establish, at no additional cost to the Client, a bank account with lockbox service (“Lockbox Account”) for the purpose of accepting deposits of violation payments, including credit card payments and returned check processing costs. Within the Lockbox Account, Client violation payments are applied to open citations and reconciled on a weekly basis. Furthermore, On a monthly basis, on 8 City of Wheat Ridge, Colorado, v2 Friday, or the following business day in the event that Friday falls on a bank holiday, commencing the month following the first payment receipt, Client expressly authorizes Altumint to distribute to Client funds deposited net of the Fees set forth in Schedule A, and distribute the remainder of the funds to Altumint for services provided. Altumint, at no additional cost to Client, agrees to maintain such bank account for a minimum of twelve (12) months after the date of termination of this Agreement. 9. Confidentiality Client and Altumint agree not to disclose information related to performance of the Services under this Agreement, including but not limited to the information identified in Sections 2(c) and 2(f) of this Agreement, to anyone except as required by law or by mutual agreement. 10. Term, Commencement of Service, and Termination a. Term The term of This agreement shall start on the date of the first issued citation (the “go- live” date) and remain in effect for a period of five (5) years (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement will automatically renew for periods of one (1) year (each one (1) year period being a “Renewal Term,” and collectively with the Initial Term is referred to as the “Term”) upon the same terms and conditions. If either Client or Altumint elects not to renew, it must notify the other party in writing at least ninety (90) days prior to the commencement of the applicable Renewal Term. b. Termination for Default Either party shall be entitled to terminate this Agreement in the event of a failure by the other party to perform any of its material obligations under this Agreement if such breach is not cured within thirty (30) days after receipt of notice thereof from the non-defaulting party or within ten (10) days after receipt of such notice if such breach relates to the non- payment of Fees or other amounts owed hereunder or a breach by Client which materially compromises the security of the Services or Confidential Information. c. Termination for Reason Other Than for Default Notwithstanding subsection (a) above, should changes in law or regulation mean that Client is no longer authorized to operate and/or contract for the Services or the purposes of this Agreement be frustrated for reasons not attributable to the Client or Altumint, then Client may terminate this Agreement upon sixty (60) days prior written notice to Altumint and declare the effective date of such termination. Upon termination under this subsection, the Client and Altumint shall reconcile amounts owed and/or to which each is entitled under this Agreement up to the date of termination of this Agreement. d. Effect of Termination In the event of any termination of this Agreement, Client will suspend operations of the Monitoring System and return to Altumint such Monitoring System upon providing or receiving a notice of termination. Client will return to Altumint within ten (10) working 9 City of Wheat Ridge, Colorado, v2 days of the termination date all manuals, documentation and all other property and materials of Altumint provided to Client hereunder. Altumint and Client for a period of twenty-four (24) months after the termination date will continue the collection and distribution of revenue in accordance with this Agreement. Furthermore, Altumint shall operate with a third party with whom the Client contracts to provide debt collections services in connection with their collection efforts relating to any citations for a period of twenty-four (24) months after the termination date. e. Suspension of Services The Client and Altumint reserve the right to suspend immediately any Services if continuation of such Services creates an unsafe condition. Upon notification from Altumint or the Client, in writing, Altumint and Client will suspend such Services until the parties agree to and resolve the condition(s) that led to the suspension. Altumint shall be obligated to continue the processing of Recorded Events prior to the notice of suspension or termination of Services, and Client shall continue the processing of all citations based upon such Recorded Events. f. Survival of Certain Terms The provisions of Sections 7, 8, 9, 11, 12, 13, 18 and 20 shall survive any suspension or revocation or operations or termination of this Agreement. No termination of this Agreement by either party for any reason shall serve to cancel, waive or otherwise affect any fees due to Altumint or Client hereunder resulting from Recorded Events having accrued on or before the effective date of any such termination. 11. Representations and Warranties Client represents and warrants that: a. Client is a tax-exempt entity under the rules of the Internal Revenue Service and will provide Altumint with a copy of its tax-exempt status upon request. b. Client will comply with all applicable laws, rules, and regulations in the use of the Services and in the performance of its obligations under and connection with this Agreement. Altumint represents and warrants that it will perform the Services with care, skill, and diligence, in a commercially reasonable and professional manner, and shall be responsible for the professional quality and technical accuracy of the Services furnished under this Agreement. Altumint shall comply with all applicable laws, rules and regulations fulfilling Altumint’s obligations under this Agreement. Altumint owns and has the right to use, and make available for use by Client, VioView, VioView FTS, and any similar software for the purposes of providing Services under this Agreement, and that such use will not violate or infringe upon the title or rights of use of such software by others. No other Warranties EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALTUMINT MAKES NO OTHER WARRANTIES, 10 City of Wheat Ridge, Colorado, v2 EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY REGARDING THE PRODUCTIVITY OF THE SYSTEM OF ALTUMINT. 12. Insurance and Limitation of Liability Altumint shall purchase and maintain during the entire term of this Agreement, comprehensive general liability insurance and workers' compensation insurance with limits of not less than the following: (a) Personal injury liability insurance with a limit of $1,000,000 each occurrence/$2,000,000 aggregate; Property damage liability insurance with limits of $500,000 each occurrence/$1,000,000 aggregate. Such insurance shall include completed operations and contractual liability coverage; (b) Automobile fleet insurance $1,000,000 for each occurrence/aggregate; property damage $500,000 for each occurrence/aggregate; and (c) Altumint shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers' Compensation Insurance. Altumint shall provide workers' compensation insurance meeting the statutory limits for Maryland and Employers' Liability limits of $500,000. Altumint covenants to maintain insurance, in these amounts, which will insure all activities undertaken by Altumint on behalf of the Client under this Agreement. Upon commencement of this Agreement, and thereafter as requested by Client, Altumint shall provide Client with a certificate or certificates evidencing the coverages required by this Section. EACH PARTY’S MAXIMUM CUMULATIVE LIABILITY TO THE OTHER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE TOTAL FEES PAID TO ALTUMINT BY CLIENT HEREUNDER FOR THE TWELVE (12) MONTHS PRIOR TO A CLAIM ARISING. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 13. Indemnification Altumint shall hold Client harmless from any liability arising from Altumint’s performance of this Agreement and Client shall hold Altumint harmless from any liability arising from Client’s performance of this Agreement. This paragraph does not affect the obligations of Client under Distribution of Funds in Section 8. It is the intention of the parties that each shall be responsible for its own negligent acts and omissions. Client does not waive any of the protections, limitations of liability, and limitations of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq. 14. Compliance with Laws Altumint and Client each agree to comply with all applicable laws governing this Agreement and the performance of its terms, including laws governing the confidentiality of information, and agree that the Services shall be used only for the permitted purposes. Altumint and Client further agree that, unless authorized by Client, the information provided by Client and/or databases including the names and addresses and associated information of persons and entities that have received a citation, shall remain confidential 11 City of Wheat Ridge, Colorado, v2 and shall not be sold or shared with any other non-law enforcement agency, company or entity for any purpose, including but not limited to marketing, sales, and/or solicitations. 15. Force Majeure Altumint shall not be liable for any delays or failures in the system of Altumint or otherwise in the performance of the Services, which delays, or failures are directly or indirectly caused by vandalism, flood, storm, lightning, earthquake, tornado, other Acts of God, or war, riot, sabotage, strike, utility outage or other factors or circumstances beyond Altumint’s reasonable control. 16. Independent Contractors With respect to each other, Altumint and Client are independent contractors, and neither party, nor their respective officers, agents, employees, shall be deemed to be employees by the other party for any purpose. Further, Altumint and Client shall not be deemed to be partners, agents, joint ventures, or anything other than independent contractors. 17. Assignment Neither Altumint nor Client is permitted to assign this Agreement without the prior written consent of the other party, except that Altumint may assign this Agreement to a third party that purchases all, or substantially all, of Altumint’s assets in one or a series of related transactions provided that such third party agrees in writing to honor Altumint’s obligations pursuant to this Agreement and is capable of providing the Services with substantially the same quality. 18. Governing Law This Agreement and the rights and obligations of the parties and their successors and assigns hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State of Colorado without regard to its choice and/or conflict of laws or provisions. Any legal action resulting from, arising under, out of or in connection with, directly or indirectly, this Agreement shall be commenced exclusively in the state or federal courts in the State of Colorado. All parties to this Agreement hereby submit themselves to the jurisdiction of any such court and agree that service of process on them in any such action, suit or proceeding may be affected by the means by which notices are to be given under this Agreement. In the event of litigation by a party hereto to enforce its rights hereunder, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs, and disbursements. 19. Notices All notices, requests, demands, and other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed, express, certified, or registered mail, return receipt requested, with postage prepaid, or sent priority next day delivery by a nationally recognized overnight courier service that regularly maintains records of items picked up and delivered to the parties at the addresses first set forth above or to such other person or address as a party shall notify the other in writing. Notices delivered personally shall be deemed communicated as of the 12 City of Wheat Ridge, Colorado, v2 date of actual receipt, mailed notices shall be deemed communicated as of the date three (3) business days after mailing, and notices sent by courier shall be deemed communicated as of the date two (2) business days after pick-up. 20. Retention of Records by Altumint Altumint will store recorded images associated with issued citations and related citation information (“Event Records”) developed for the Client in the course of providing Services under this Agreement in accordance with the following rules: a. Altumint will store Event Records for a minimum of 24 months from the Event date. b. Altumint will store Event Records for paid citations in Portable Document Format (PDF). c. After 24 months from the Recorded Event date, Altumint will delete Event Records. In the event that Client desires to retain any such Event Records beyond 24 months, Altumint will provide Client with such Event Records in Altumint’s possession, provided that Altumint receives at least thirty (30) days prior written notice. Altumint will provide such Event Records to Client and Client will compensate Altumint for materials, shipping expenses, travel expenses if required, and labor costs at Altumint’s then-current hourly rate. 21. Entire Agreement This Agreement contains the entire agreement between the parties as to the subject matter herein and supersedes and replaces all prior contemporaneous agreements, oral and written, between the parties hereto. This Agreement may be modified only by a written instrument signed by both parties. 22. Severability If any provision of this Agreement shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of federal, state, or local government having jurisdiction over this Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall remain in full force and effect. 23. Counterparts This Agreement may be executed in counterparts of each which shall be deemed an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of this Agreement by .pdf or similar electronic file shall be equally as effective as delivery of a manually executed counterpart of this Agreement. 13 City of Wheat Ridge, Colorado, v2 IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have affixed their signatures below: Altumint, Inc. By: _____________________________ Name: _______________________ Title: ________________________ City of Wheat Ridge, Colorado By: ____________________________ Name: __Bud Starker______________ Title: ___Mayor____________________ 14 City of Wheat Ridge, Colorado, v2 SCHEDULE A TO THE SERVICE AGREEMENT BY AND BETWEEN CITY OF WHEAT RIDGE, COLORADO AND Altumint, Inc. 1. Service Location: Enforcement zones as directed by Client 2. Fee due to Altumint: For the provisioning, deployment, maintenance and service of each Monitoring System, along with our full suite of back-office services such as event processing, printing, mailing, lockbox payment processing, court docket preparation, training, expert witness testimony, call center agents, etc. Client shall pay Altumint fees as follows: Monitoring System Price per camera Number of cameras Total Fixed BlackHawk™ $4,495 2 $8,990 Trailer-mounted BlackHawk™ $6,495 2 $12,990 Handheld DragonCam $1,995 1 $1,995 Violation Processing Fee $12 per registration lookup 3. The number of cameras reflects the number of directions of travel to be enforced by each monitoring system in each location. 4. At the Client’s request, Altumint can provide service of process for $29/hour and certified mailing at $12/citation. 5. Collections Administrative Fee: Client shall pay Altumint an additional Processing and Administrative Fee of $10 for each violation payment made through a collections agency.