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Home My WebLink About20251006.tiffConivack tba X135 Z AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND JOMAX CONSTRUCTION COMPANY FOR EROSION CONTROL AND REVEGETATION SERVICES THIS AGREEMENT is made and entered into this I� day of P Vt 2025 by and between the Board of Weld County Commissioners, on behalf of he Department of Public Works, hereinafter referred to as "County," and Jomax Construction Company, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1 Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500017. Exhibit B consists of Contractor's Response to County's Request for Bid. 2 Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and Coign 4� 4/It4/ZS cc t, Orkase ( Po) pturunayn EC -1o0 3 2025-1006 requirements of Work within the time limits prescnbed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Terns The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities descnbed in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entenng into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein 4 Termination; Breach, Cure County may terminate this Agreement for its own convenience upon thirty (30) days wntten notice to Contractor Either Party may i terminate this Agreement upon matenal breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools°and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County,'and these items, matenals and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided pnor to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all matenal generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or matenals descnbed herein properly delivered 5 Extension or Amendment Any amendments or modifications to this agreement shall be in wnting signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained wntten authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly ennched by any additional services, whether or not there is in fact any such unjust 2 enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $250,000.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the 3 execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and 4 proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or 5 before the contract date or the first date when any goods or services were provided to County, whichever is earlier. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII . The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 6 In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers' Liability) $ Statutory 100,000 100,000 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) 7 $ $ $ 1,000 000 2,000 000 2,000 000 1,000 000 50, 000 5.000 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. 4) Professional Liability: * Upon consultation with and approval by the Weld County Attorney's Office, the insurance specified in this section is not required for this contract. 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate 1,000,000 1,000,000 7) Builders` Risk Insurance or Installation Floater- Completed Value Basis: * Upon consultation with and approval by the Weld County Attorney's Office, the insurance specified in this section is not required for this contract. 8 Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration 9 of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 10 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 19. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: Address: E-mail: Phone: County: Position: Address: Address: E-mail: Phone: Erica Pechin Controller 1901 Main Street Platteville, CO 80651 Erica.Pechin@jomaxgb.us 970-702-7543 Lyndsay Holbrook Water Quality Permit Coordinator P.O. Box 758 Greeley, CO 80631 Iholbrook@weld.gov 970-400-3788 11 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and X24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, 12 benefits, protections, or other provisions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended 28 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts of action relating to such enforcement, shall be stnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or nght of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 29 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 30 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County Distnct Court shall have exclusive junsdiction to resolve said dispute 31 No Employment of Unauthorized Aliens Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthonzed alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 32 Public Contracts for Services C.R.S. §8-17-101 For public contracts in excess of $500,000 annually, or for public contracts for road or bndge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a 13 valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accorrlance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c).] 33. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Jamax Corstructio ompany By: Name: 3 e° La Tine: Dtvsz�..o4O NtawA4E,rz,. WELD COUNTY: (...;#1 . ATTEST: '. � „4" 2. Z L. 2.02,5 Date of Signature BOARD OF COUNTY COMMISSIONERS Weld aunty lerk to the Board W�COUNTY, COLORADO BY: Deputy Clerk to the Boa 14 uck, Chair r, -”tt a J_ ZOL5-1O0l¢ Exhibit A Weld County Finance Department Purchasing Division 1301 North 17t" Avenue Greeley, Colorado 80631 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: Title: Advertisement Date: P re- Bid Meeting: P re- Bid Location: Questions Due: Questions Posted: Questions email: Bid Due Date: Bid Delivery: For additional information: B2500017 Erosion Control and Revegetation Services Thursday, January 30, 2025 Thursday, February 6, 2025, at 10 AM Public Works Facility at 1111 H Street, Greeley Thursday, February 20 by 7 AM Friday, February 21 by 5 PM bids@weld.gov Friday, February 28 by 10 AM Purchasing's Clock Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids@weld.gov Documents Included in this Bid Package IFB Schedules S chedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds S chedule F: Weld County Contract IFB Attachments Attachment 1 — Weld County Project Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction Attachment 2 — Seed Mixes Form Revision 12-2024 Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 4 Cooperative Purchasing 5 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 7 Specific Requirements and Responsibilities 7 Road Construction Sites 7 Gravel Pit Sites 2 Schedule C - Procurement Schedule 2 Schedule D - Bid Response Form 3 Bid Submittal Instructions 3 Fees 3 Attestation 6 Schedule E — Insurance and Bonds 7 Insurance 7 Bonds 11 Insurance Mailing Information 11 Schedule F - Weld County Contract 12 Contractual Obligations 12 Weld County Standard Contract 12 BID NO # B2500017 Page 2 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Erosion Control and Revegetation Services A mandatory pre -bid conference will be held on February 6, 2025, at 10 AM at the Public Works Facility located at 1111 H STREET, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: February 28, 2025 at 10 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 28, 2025 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Join the meeting now +1 720-439-5261„599714566# United States, Denver Meeting Passcode: ID: 289 UF2U8kW3 393 443 976 Phone conference 566# ID: 599 714 Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids@weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. BID NO # B2500017 Page 3 3 Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11- 110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. BID NO # B2500017 Page 4 4 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. BID NO # B2500017 Page 5 5 Schedule B - Scope of Work Project Overview The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as "Weld County") is soliciting proposals for erosion control and revegetation services to supplement Weld County's needs for the year 2025. Erosion control and revegetation services typically consist of projects of various sizes at several locations which will require project management meetings (both onsite and in office), temporary erosion control measure installation/maintenance, sediment removal from culverts and washouts, and stabilization methods such as seeding and mulching. Other duties may be negotiated as necessary. Upcoming projects will likely include road, bridge, drainage, and gravel pit projects. The Contractor services will be requested by the County on an as -needed basis by issuing individual Internal Accounting forms (lAs) (aka "work order"). For each IA, the County will provide basic project information so the Contractor can prepare a detailed scope of work and cost estimate. The IA will be signed by both Weld County and the Contractor. This is an on -call construction services agreement. There is no guarantee that the County will need or utilize the services of the Contractor in any given year. There is no retainer paid by the County. The Contractor understands and agrees that there are no guarantees of specific tasks or quantities of services associated with the construction services agreement. The Contractor may or may not perform the erosion control and seeding services as circumstances require. Furthermore, the County is in no way obligated to utilize the Contractor in every applicable situation encountered. This is a multiple award contact. The County may award up to two contracts based on the lowest bids received. If multiple contractors are selected, the budgeted amount will be divided among the contractors as determined by Public Works. The construction services agreement shall commence on the date the Agreement is signed by the Board of County Commissioners and shall continue in full force until December 31, 2024. At the option of the County, the agreement may be extended for up to two additional one-year periods beginning on January 1 and ending on December 31. If the agreement is renewed, the Contractor will have the opportunity to revise the contract fee schedule in accordance with the "Engineering News -Record (ENR) Cost Index" for Denver. This agreement may be used at the option of other Weld County Departments. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in BID NO # B2500017 Page 6 6 awarding an IFB contract. P ricing Method Low Bid: Low Bid is a procurement method where the county requests a price from multiple sources and bases the award decision on the lowest priced bid that meets specifications. S pecific Requirements and Responsibilities Weld County is seeking bids for a vendor to provide On -Call Erosion Control and Revegetation Services for county road construction projects and gravel pit locations. Bidders must have sufficient experience working on erosion control and revegetation projects in both rural and urban areas of Weld County to ensure familiarity with the local soil conditions, weather patterns and construction/mining site safety. Additionally, bidders must be headquartered within one hour of the Public Works building at 1111 H Street, Greeley, CO for logistical purposes. Bidders may be required to provide proof of qualifications upon request. Road Construction Sites All applicable work will conform to Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction (Appendix A). Services may be required at any County construction site, including but not limited to the following general locations: ➢ WCR 29 from WCR 74 to SH 14 ➢ WCR 74 and WCR 33 ➢ WCR 77 from SH 14 to WCR 110 ➢ WCR 66 and WCR 41 ➢ WCR 54 and WCR 13 ➢ WCR 54 and WCR 17 ➢ WCR 66 and WCR 41 ➢ WCR 120 and WCR 23 ➢ WCR 24.5 and I-25 ➢ 35th Ave and O St (Greeley) Temporary Erosion Control Measures Erosion control services at active construction sites may include, but are not limited to: • Installation, maintenance and removal of temporary control measures such as straw erosion logs, rubber -filled erosion logs, straw bales, silt fence, aggregate bags, etc. • Removal of sediment from culverts and ditches by use of manual methods and/or small equipment. Final Stabilization Methods Erosion control services after final grade is achieved at construction sites will include, but are not limited to: BID NO # B2500017 Page 7 7 • Implementing site -specific soil conditioning such as biotic earth, topsoil and compost. • Seeding and reseeding using site -specific seed mixes (Appendix B) and site -specific methods, such as drill seed, hydro -seed and hand -broadcast seeding. • Implementing site -specific stabilization methods such as crimped straw mulch, mulch tackifier, hydro -mulch, soil retention blanket, turf reinforcement mat, bonded fiber matrix and sod. • Maintenance, such as watering seeded areas and mowing prior to overseeding. • Traffic Control • If a road is not closed at the time of service, traffic control will be required based on the type of work being performed and the potential hazards that may be encountered. • Project Management • Onsite project management meetings may be requested prior to erosion control services performed in order to develop a work order. Additionally, the contractor will be required to have knowledgeable personnel onsite with the ability to read and interpret engineered drawings for installation of erosion control devices and implementation of final stabilization methods. Gravel Pit Sites All work will conform to applicable Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction (Appendix A). Services may be required at any County gravel pit at the following locations: ➢ WCR 24 I/2 and WCR 9 I/2 ➢ WCR 120 and WCR 23 ➢ WCR 136 % and WCR 71 ➢ WCR 96 and WCR 37 ➢ WCR 80 and WCR 115 ➢ WCR 120 and WCR 133 ➢ N 17t'' Ave and N 11t'' Ave (Greeley) Final Stabilization Methods Erosion control services after final grade is achieved at gravel pits will include, but are not limited to: • Implementing site -specific soil conditioning such as biotic earth, topsoil, and compost. • Seeding and reseeding using site -specific seed mixes (Appendix B) and site -specific methods, such as drill seed, hydro -seed and hand -broadcast seeding. • Implementing site -specific stabilization methods such as crimped straw mulch, mulch tackifier, hydro -mulch, soil retention blanket, turf reinforcement mat, and bonded fiber matrix. • Maintenance, such as watering seeded areas and mowing prior to overseeding. See Appendix A for the Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction. BID NO # B2500017 Page 2 2 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date P re -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum P roposals Are Due S olicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) Completion January 30TH, 2025 February 6TH, at 10 AM Weld County Public Works 1111 H ST., Greeley, CO 80631 February 20TH by 7 AM bids@weld.gov February 21ST by 5 PM February 27TH by 10 AM Purchasing's Clock March 17TH March 31St April 1 ST One year from contract date BID NO # B2500017 7 Page 2 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10 AM on February 27TH: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Provide fees for each line item below: ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE PRICE TOTAL 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 80 202 SILT FENCE REMOVAL LF 8,000 202 AGGREGATE BAG REMOVAL LF 500 202 CONSTRUCTION FENCE REMOVAL LF 250 202 EROSION BALE REMOVAL EACH 100 202 EROSION LOG (TYPE 1 & STRAW) REMOVAL LF 6,000 202 (RETURN EROSION TO LOG PUBLIC (RUBBER WORKS -FILLED) STORAGE REMOVAL YARD) EACH 250 207 TOPSOIL CY 100 208 SILT FENCE LF 8,000 208 AGGREGATE (SNAKE BAG (11" BAG OR EQUIV.) DIAMETER) LF 500 208 CONSTRUCTION (ORANGE PLASTIC W/ FENCE LF 250 T -POSTS) 208 EROSION (14"-18" BALE (WEED X 18" X FREE 36") STRAW) EACH 100 208 EROSION LOG (TYPE 1 EXCELSIOR) (12" DIAMETER) LF 2,500 208 EROSION LOG (TYPE 1 EXCELSIOR) (9" DIAMETER) LF 2,500 208 EROSION LOG (STRAW WATTLE) (9" DIAMETER) LF 1,000 208 EROSION (7" LOG DIAMETER (RUBBER MINIMUM) -FILLED) (BIG (10' LENGTH) RED OR EQUIV.) EACH 250 BID NO # B2500017 Page 3 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE TOTAL PRICE 208 SEDIMENT (MANUAL REMOVAL METHODS) AND DISPOSAL HR 50 208 SEDIMENT (SMALL REMOVAL EQUIPEMENT) AND DISPOSAL HR 20 212 DRILL SEEDING (NORTH (NATIVE OF MIX HWY FOR GRAVEL 34) PITS) ACRE 40 212 DRILL SEEDING (NATIVE (SOUTH OF MIX HWY FOR GRAVEL 34) PITS) ACRE 5 212 DRILL SEEDING (NORTH (NATIVE OF MIX WCR FOR 74) ROADWAYS) ACRE 30 212 DRILL SEEDING (NATIVE (SOUTH OF MIX WCR FOR ROADWAYS) 74) ACRE 30 212 DRILL SEEDING (NATIVE (WCR MIX 77) FOR ROADWAYS) ACRE 20 212 DRILL SEEDING (NATIVE (EAST DAVIS) MIX FOR ROADWAYS) ACRE 5 212 DRILL SEEDING (NATIVE LT) MIX FOR ROADWAYS) ACRE 5 (AU 212 HYDRAULIC SEEDING (NORTH (NATIVE OF WCR MIX 74) FOR ROADWAYS) ACRE 5 212 HYDRAULIC SEEDING (SOUTH (NATIVE OF WCR MIX 74) FOR ROADWAYS) ACRE 5 212 HYDRAULIC SEEDING (NATIVE (WCR 77) MIX FOR ROADWAYS) ACRE 3 212 HYDRAULIC SEEDING (EAST (NATIVE MIX FOR ROADWAYS) ACRE 1 DAVIS) 212 HYDRAULIC SEEDING (NATIVE (AU LT) MIX FOR ROADWAYS) ACRE 1 212 BROADCAST SEEDING (NORTH (NATIVE OF WCR MIX 74) FOR ROADWAYS) SY 100 212 BROADCAST SEEDING (SOUTH (NATIVE OF WCR MIX 74) FOR ROADWAYS) SY 100 212 BROADCAST SEEDING (NATIVE (WCR 77) MIX FOR ROADWAYS) SY 100 212 BROADCAST SEEDING (EAST (NATIVE DAVIS) MIX FOR ROADWAYS) SY 100 212 BROADCAST SEEDING (NATIVE (AU LT) MIX FOR ROADWAYS) SY 100 212 NURSE CROP (WB-CEDAR (15 PLS/ACRE) WHEAT OR EQUIV.) ACRE 20 212 COMPOST (MECHANICALLY APPLIED) CY 50 212 BIOTIC EARTH (HGM BLACK) (4,500 LBS/ACRE) ACRE 20 212 SOD (FESCUE) SF 0 213 STRAW MULCH (WEED FREE) (1.5 ACRE 135 TONS/ACRE) 213 TACKIFIER WOOD MULCH FIBER (200 LBS/ACRE) LBS/ACRE) + ACRE 135 TACKIFIER (300 BID NO # B2500017 Page 4 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE TOTAL PRICE 213 MULCH WOOD HYDRAULIC TACKIFIER FIBER (2,000 (100 MULCH LBS/ACRE) LBS/ACRE) + ACRE 15 213 (MANUFACTURER'S BONDED FIBER RECOMMENDED MATRIX RATE) ACRE 5 214 SEEDING MAINTENANCE (WATERING) HR 10 214 VEGETATION MAINTENANCE (MOWING) HR 10 216 SOIL RETENTION (PHOTODEGRADABLE) BLANKET (STRAW/COCONUT) SY 5,000 216 SOIL RETENTION (BIODEGRADABLE) BLANKET (STRAW/COCONUT) SY 5,000 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIV.) SY 1,000 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 20 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 20 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 207) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 207) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 10 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 10 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 214) EACH 1 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 214) EACH 1 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 5 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 5 630 TRAFFIC CONTROL (MUTCD - SIGNS ONLY TA -6) (NO FLAGGERS) DAY 5 630 FLAGGERS) CONTROL LANE CLOSURE TA -10) DAY 0 TRAFFIC (WITH - (MUTCD SUM TOTAL BID NO # B2500017 Page 5 Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500017. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Date of Signature Name: Title: BID NO # B2500017 7 Page 6 Schedule E - Insurance and Bonds Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers' Liability) Statutory 100,000 100,000 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000 000 4,000 000 4,000 000 2,000 000 100, 000 10.000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. BID NO # B2500017 7 Page 7 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 7) Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company BID NO # B2500017 7 Page 8 or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. BID NO # B2500017 7 Page 9 Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in noway limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. BID NO # B2500017 Page 10 Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Bonds 1. For projects over $50,000 the following bonds are required: a. A 5% Bid Bond is required at the time of Proposal submittal. b. Performance Bond in the amount of 100`)/0 of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. c. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Lyndsay Holbrook Email: Iholbrook@weld.gov Telephone: (970) 400-3788 Mail: Weld County Department of Public Works ATTN: Lyndsay Holbrook PO Box 758 Greeley, CO 80632 BID NO # B2500017 Page 11 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on aproject-by-project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for Construction. AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND [CONTRACTOR] FOR EROSION CONTROL AND REVEGETATION SERVICES THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and BID NO # B2500017 Page 12 WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500017. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products n ecessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Either Party may i terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this BID NO # B2500017 Page 13 Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed S[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December BID NO # B2500017 Page 14 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, n or entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or n ot such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from n on -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72- 201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor BID NO # B2500017 Page 15 agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims - made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 days advance written notice to the County BID NO # B2500017 Page 16 for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. BID NO # B2500017 Page 17 Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 8) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers' Liability) Statutory 100,000 100,000 500,000 9) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000 000 4,000 000 4,000 000 2,000 000 100, 000 10.000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 10) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the BID NO # B2500017 Page 18 performance of this contract. 11)Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 12)Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 13)Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 14)Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, BID NO # B2500017 Page 19 renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in noway limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under BID NO # B2500017 7 Page 20 by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and BID NO # B2500017 Page 21 any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 19. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or BID NO # B2500017 7 Page 22 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: Address: E-mail: Phone: County: Position: Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] [Insert] [Insert] Lyndsay Holbrook Water Quality Permit Coordinator P.O. Box 758 Greeley, CO 80631 Iholbrook@weld.gov 970-400-3788 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. BID NO # B2500017 7 Page 23 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the parties under this Agreement that by their n ature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 26.Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does n ot waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended. 28. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all BID NO # B2500017 7 Page 24 other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c).] 33.Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Date of Signature Name: BID NO # B2500017 7 Page 25 Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Perry Buck, Chair BID NO # B2500017 7 Page 26 Exhibit B APPENDIX A Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction WELD COUNTY PUBLIC WORKS DEPARTMENT The Colorado Department of Transportation 2023 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Description of Section Page Notice to Bidders 3 Commencement and Completion of Work 4 Revision Section 101 — Definition Terms 5-11 of of Revision Section 102 — Bidding Requirements Conditions 12-13 of and Revision Section 104 — Scope Work 14-23 of of Revision Section 105 — Control Work 24-75 of of Revision Section 107 — Legal Relations Public Responsibility 76-89 of and Revision Section 108 — Prosecution Progress 90-96 of and Revision Section 109— Measurement Payment 97-108 of and Revision Section 202 — Removal Maintenance Erosion Logs, 109-117 of and of Erosion Bales, Silt Fence, and Construction Fence Revision Section 207 — Topsoil 118-125 of Revision Section 208 — Erosion Control 126-183 of Revision Section 212 — Seeding, Fertilizer, Soil Conditioner, Sodding 184-208 of and Revision Section 213 — Mulching 209-210 of Revision Section 216 — Soil Retention Covering 211-214 of Revision Section 626 — Mobilization 215 of Revision Section 630— Construction Zone Traffic Control 216 of Traffic Control Plan — General 220 Utilities Coordination 221 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5'Y°) of the Contractor's total bid. Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details. Information regarding the project may be obtained from the following authorized representatives: Lyndsay Holbrook Water Quality Permit Coordinator 1111 H Street Greeley, CO 80632 Office Phone: 970-3400-3788 Nate Gibson Trucking and Mining Supervisor 1111 H Street Greeley, CO 80632 Office Phone: 970-400-3722 The above referenced individuals are the only representatives with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. COMMENCEMENT AND COMPLETION OF WORK The Contractor shall be available to commence the work required by the Contract Documents within 10 calendar days after date of the "Notice to Proceed". This contract is for erosion and revegetation services on a project by project need for a term of one (1) year of date shown on "Notice to Proceed" and the Agreement may be extended for additional one-year periods, not to exceed two (2) additional one-year periods, upon mutual written agreement of the parties as described in the contract documents. October 1, 2024 1 Revision of Section 101 — Definition of Terms Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "CDOT Standard Specifications for Road and Bridge Construction" dated 2023, Weld County Project Special Provisions (PSP), CDOT Standard Special Provisions (SSP), and CDOT Project Special Provisions. Where the Contract Documents, Weld County PSP, or the Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows in Section 101.02: Subsection 101.02 shall be revised to include the following: 101.02 Definitions, alphabetically. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. As -Built Plans. A set of drawings showing actual elevations and other pertinent information related to the finished construction project. The drawings shall be stamped and dated by a licensed professional engineer or surveyor. Also known by As - Constructed Drawings. Build America, Buy America (BABA) Requirements: Division G, title IX, subtitle A, parts I -II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) and 2 CFR Parts 184 and 200. The "domestic content procurement preference" set forth in section 70914 of the Build America, Buy America Act, requires that all construction materials and manufactured products incorporated into the project are produced in the United States. Buy America (BA) Requirements: FHWA Buy America statutory provisions are in 23 U.S.C.313 and the regulatory provisions are in 23 CFR 635.410, which requires that all of the steel and iron incorporated into the project is produced in the United States. For other policy and guidance links, see the FHWA Construction Program Guide. Buy America Preferences for Infrastructure Projects: Requirements for federal -aid funded highway projects as outlined and encompassed in 2 CFR Part 184. Chief Engineer. The Weld County Department of Public Works individual who is identified as the County Engineer. Component: An article, material, or supply, whether manufactured or unmanufactured, incorporated directly into: (i) a manufactured product; or, where applicable, (ii) an iron or steel product. October 1, 2024 2 Revision of Section 101 — Definition of Terms Construction Material: Includes an article, material, or supply that consist of only one of the following items listed and means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2). To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. (1) The listed items are: (i) 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. Contract: The written agreement between Weld County through the Public Works Department and the Contractor, setting forth the obligations of the parties for the performance of the work and the basis of payment. The Contract includes the invitation for bids, proposal, contract bonds, standard specifications, supplemental specifications, special provisions, general and detailed plans, Notice to Proceed, contract modification orders, and authorized extensions of time, all of which constitute one instrument. Contract Modification Order. Awritten order issued to the Contractor by the Department covering contingencies, extra work, increases or decreases in contract quantities, and additions or alterations to the plans or specifications, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes. The Contract Modification Order is the only method authorized for changing the January 25, 2025 3 Revision of Section 101 — Definition of Terms Contract. Contract Modification Orders must be approved as established in subsection 105.14. Contractor. The individual, firm, or corporation contracting with Weld County through the Public Works Department for performance of prescribed work. Cost of Components for Manufactured Products: In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: (i) for components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not aduty-free entry certificate is issued); or (ii) components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (i) of this section, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. County. Weld County or Weld County Public Works. Department. The Weld County Public Works Department. Engineer. The Weld County Director of Public Works or designated who is responsible for engineering and administrative supervision of the project. Also called Resident Engineer or Project Engineer. Holidays. Holidays recognized by Weld County are: • New Year's Day: • Martin Luther King, Jr. Da • President's Day: • Memorial Day: • Independence Day • Labor Day • Veterans Day • Thanksgiving • Christmas Y January 1, 2025 : January 20, 2025 February 17, 2025 May 26, 2025 July 3-5, 2025 September 1, 2025 November 11, 2025 November 27-28, 2025 December 25-26, 2025 When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday. When one of the holidays falls on a Saturday, the preceding Friday shall be considered a holiday. October 1, 2024 4 Revision of Section 101 - Definition of Terms Hours of Operation. Sunrise to I/2 hour before sunset unless otherwise approved in writing by the Engineer. Infrastructure Project: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. Iron or Steel Product: Articles, materials, or supplies that consists wholly or predominantly of iron or steel or a combination of both. Typical iron and steel products subject to Buy America preferences include, but is not limited to, structural and reinforcing steel incorporated into pavements, bridges, and buildings (such as maintenance facilities); steel rail; and other equipment. Manufactured Product: (1) Articles, materials, or supplies that have been: (i) Processed into a specific form and shape; or (ii) Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. (2) If an item is classified as an iron or steel product, a construction material, or a section 70917(c) material under the definitions set forth in this section, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under paragraph (1) of this definition may include components that are construction materials, iron or steel products, or section 70917(c) materials. Manufacturer: The entity that performs the final manufacturing process that produces a manufactured product. Method Statement. A written procedure from the Contractor detailing how a specific task will be completed including the expected resources and production rates required to complete the task. Pre -construction Conference. A meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Predominantly of iron or steel or a combination of both: Means that the cost of the October 1, 2024 5 Revision of Section 101 — Definition of Terms iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. Produced in the United States: (1) Steel or Iron Products: All manufacturing processes, from the initial melting/smelting stage through the application of coatings, occurred in the United States. (2) Manufactured Products: (i) The product was manufactured in the United States; and (ii) The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product. (3) Construction materials: All manufacturing processes for the construction material occurred in the United States per 106.11(f) of this specification. Project Engineer. The Department's duly authorized representative who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. Also called the "Resident Engineer" or "Engineer". Region Transportation Director. The Director of Public Works or designated representative responsible for construction, maintenance, and safety activities, within the geographical jurisdiction established by the Department. The Director is responsible for acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time. Resident Engineer. The County's full-time engineer directly responsible for the overall administration of the assigned construction project. Only a Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates. Also referred to as the Engineer or Project Engineer. Roadway Prism: The portion of the roadway defined as the prism of embankment situated from beneath the shoulders and paved structure and inside the lines projected downward and outward on a one-to-one slope from edge of gravel shoulders to edge of gravel shoulder or back of curb to back of curb (as applicable) to their intersection with the base of the embankment. October 1, 2024 6 Revision of Section 101 - Definition of Terms S afety Critical Work. Elements of the work that, if performed improperly, could encroach upon and endanger traffic that is following all traffic regulations. Safety critical work may include work elements performed under one or more of the following situations: (1) Work that is constructed on, over, or near a traffic route and could become unstable over time if installed improperly. (2) Work that requires the use of lifting devices in the vicinity of traffic. (3) Elements of work considered safety critical for the project will be identified in Section 107 — Performance of Safety Critical Work. (4) "Traffic" is defined as the vehicles, railroad, pedestrians, aircraft, and watercraft moving along a route. The route may be permanent or temporary, such as a detour. S ection 70917(c) Materials: Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See section 70917(c) of the Build America, Buy America Act. State. Weld County acting through its authorized representative. S ubcontractor. 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. S ubgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. Subgrade that has been treated with lime, fly ash, cement kiln dust, or combinations thereof for stabilization will be considered subbase. Subgrade shall also include aggregate base course materials. S ubstantial Completion. The completion of all payable work as shown on the pay application. Only non -payable or minor items, as determined by Weld County in its sole discretion, may be placed on the Substantial Completion punchlist. S upplier: 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: October 1, 2024 7 Revision of Section 101 — Definition of Terms (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. End of Section October 1, 2024 1 Revision of Section 102 — Bidding Requirements and Conditions Section 102 of the Standard Specifications is hereby revised for this project as follows: S ubsection 102.01 shall be deleted and replaced with the following: 102.01 Bidding Procedures. The bidder shall follow the bidding procedures contained in the Contract Documents. Only bidders who attended a mandatory pre -bid meeting will be allowed to bid on any project. Bidders must also be on the CDOT Prequalified Contractor's List a minimum of 10 days prior to the bid opening date in order to bid on any project. S ubsection 102.02 shall be deleted and replaced with the following: 102.02 Contents of Proposal Forms. The Department will publish bidding opportunities to prospective bidders at www.bidnetdirect.com. The forms on this website will state the location and description of the contemplated construction and will show the estimate of the various quantities and types of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal form will state the time in which the project must be completed, the amount of the proposal guaranty, and the date, time, and place of the opening of proposals. All bidders on the projects shall submit bids by one of the following methods: 1. Preferred: email Proposals to bids@weld.gov. If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. 2. If vendor does not submit the proposal via email, a sealed Proposals will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the Proposal due date and time. 3. PDF format is required. Emailed Proposals must include the following statement on the email: "I hereby waive my right to a sealed Proposal". An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400- 4222 or 4223 with any questions. The plans, specifications, and other documents designated in the proposal form, shall be considered a part of the proposal. S ubsection 102.04 shall be deleted and replaced with the following: 102.04 Interpretation of Plans and Specifications. Any changes to proposal forms, plans, or specifications before the opening of proposals will be issued by the Department through posting of the changes on www.bidnetdirect.com. Certain individuals are named October 1, 2024 2 Revision of Section 102 — Bidding Requirements and Conditions in the project specifications who have authority to provide information, clarification or interpretation to bidders before opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for bidding purposes. Subsection 102.05 shall be revised to include the following: Weld County does not warrant any CAD data. This information is not considered to be part of the Contract and is provided to the Contractor as a courtesy. If the bidders use the CAD data in preparing a proposal or planning and prosecuting the work, it is at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the CAD data. The CAD data shall not be used in relation to any request for additional time or compensation. After the proposals have been opened, the winning bidder may obtain electronic sets of plans and special provisions (PDF, CAD files) at no cost. Subcontractors and suppliers may obtain plans from the successful bidder. Subsection 102.07 shall be revised to include the following: (10) If the bidder is not in good standing with the Federal Government's System of Award Management (SAM). (11) If the bidder is not listed CDOT's Prequalified Contractors List a minimum of 10 days prior to bid opening. (12) If the proposal does not follow the general rules outlined in the request for bids/proposals (i.e., does contain all required forms, surpasses the allowed number of pages, etc.). End of Section October 1, 2024 1 Revision of Section 104 — Scope of Work S ection 104 of the Standard Specifications is hereby revised for this project as follows: S ubsection 104.02(a) shall be deleted and replaced with the following: (a) Differing Site Conditions. It is the County's expectation to complete this project with n o change orders resulting in additional cost unless such change orders are initiated by the County. Change orders for differing site conditions will be entertained by the County in the event of extraordinary circumstances. However, the County is under n o obligation to approve said change orders. No cost change orders, reduction in cost change orders, and County initiated change orders may occur. The Contractor shall not be entitled to a change order for Differing Site Conditions. By way of example, Differing Site Conditions not eligible for a change order include but are not limited to: (1) Encountering groundwater. (2) Discovery of debris (buried or unburied within the ROW). (3) Existing asphalt thicknesses that are different than expected. (4) Increased costs or delays due to relocations of utilities and/or oil and gas facilities. (5) Increased costs due to ROW or easement acquisitions. (6) Discovery of unknown or private utilities such as water, sewer, gas, electric, phone, irrigation, oil, etc. (7) Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure. (8) Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells. (9) On -site soils not suitable for structural foundations or embankments. (10) Unsuitable materials excavation. (11) High water levels in drainageways due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the drainageways in order to meet the project completion date. (12) Frozen ground. October 1, 2024 2 Revision of Section 104 — Scope of Work During the progress of work, if extraordinary conditions are discovered, the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed. The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that the Contractor could not have reasonably worked around the condition so as to avoid additional costs. Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professional setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notification, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. Subsections 104.02(c)(1) and 104.02(c)(2) shall be deleted and replaced with the following: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, and (2) When a major item of work is increased in excess of 150 percent of the original contract quantity or decreased below 25 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. Subsection 104.04, Paragraph 3 shall be deleted and replaced with the following: The Department will be responsible for maintaining roads (not including snow removal)which are beyond the nearest intersection(s) to the project. Snow removal outside of the soft closure limits for the project will be the responsibility of the Department unless otherwise specified in the Contract. The Contractor shall be responsible for snow removal within the project limits and to outside of the project limits to the nearest intersection(s) or the soft closures for the project. Snow removal within the project limits October 1, 2024 3 Revision of Section 104 — Scope of Work shall also be the responsibility of the Contractor and shall not be measured and paid for separately but shall be included in the Work. S now removal within the project limits and to the nearest intersections shall be done within 24 hours after the end of the storm in order to provide local residents with access to their property. The Contractor shall be responsible for maintaining all work that is included in the Contract, and maintaining approaches, crossings, intersections, and other features as may be necessary to accommodate traffic without direct compensation, except as provided in the Contract or described in (a) and (b) below. S ubsection 104.05 shall be deleted and replaced with the following: 104.05 Rights in and Use of Materials Found on the Work. The Contractor shall not excavate or remove any material from within the roadway, which is not within the grading limits, as indicated by the slope and grade lines, without authorization from the Engineer or Inspector. S nless otherwise provided, the material from structures designated for removal shall become the Contractor's property. S ubsection 104.06 shall be revised to include the following: Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled to a disposal site approved by the Engineer. Excess soil materials including topsoil generated from the project shall not be disposed of within the project area unless written authorization is provided by the Engineer. Backfill areas shall be graded such that the final grades are similar to the final grades as described in the Contract Drawings, unless otherwise directed by the Engineer. The Contractor shall be responsible for removing all construction debris and trash from the jobsite on a daily basis. Any construction debris and trash which may be washed away shall be located, removed, and disposed of away from the site at a certified landfill location. Trash and debris shall be collected and disposed of at no additional cost to the project. Any petroleum products accidentally spilled or leaked shall be cleaned up and disposed of immediately. The Contractor shall be held liable for any damages resulting from the spillage or leakage of any hazardous materials within the project area. S ubsection 104.07 shall be deleted and replaced with the following: 104.07 Value Engineering Change Proposals by the Contractor. The Contractor is encouraged to develop and offer proposals for improved construction techniques, alternative materials, and other innovations. Proposals must provide a project comparable to the original design either at lower cost, improved quality, or both. Proposals that lower the quality of the intended project will be rejected. Bid prices shall not be based on the October 1, 2024 4 Revision of Section 104 — Scope of Work anticipated approval of a Value Engineering Change Proposal (VECP). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed per the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor's control and will be non -excusable with the exception of those delays that are approved as part of the VECP. Proposals shall be categorized as VECP (Category A) or VECP (Category B). VECPs (Category A) will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. AVECP (Category A will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP if significant benefits can be demonstrated to the Engineer. In addition, design criteria and constraints listed in the Structural Selection Report cannot be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre -approved by the Department, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a realized and shared cost savings to the Department. Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by the Department shall be shared equally between the Contractor and the Department. All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B). Net cost savings on VECPs shall be split equally between the Contractor and Weld County as determined in the Basis of Payment section of this specification. VECPs shall be submitted before the start of construction activities relating to the VECP. Both VECP (Category A) and VECP (Category B) will produce savings to the Department or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor may submit either a full VECP or a preliminary Conceptual VECP, followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection. (a) Submittal of Conceptual Proposal. For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The October 1, 2024 5 Revision of Section 104 — Scope of Work Engineer will evaluate the information provided. The Contractor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor's risk of subsequent rejection but does not commit CDOT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal: 1. Statement that the proposal is submitted as a Conceptual VECP. 2. General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer. 3. One set of conceptual plans and a description of proposed changes to the Contract specifications. 4. Estimate of the anticipated cost savings or increase. 5. Statement specifying the following: A. When a response to the conceptual proposal from Weld County is required to avoid delays to the existing contract prosecution. B. The amount of time necessary to develop the full Proposal. C. The date by which a Contract Modification Order must be executed to obtain maximum benefit from the Proposal. D. The Proposal's impact on time for completing the Contract. (b) Submittal of Full Value Engineering Change Proposal. The following materials and information shall be submitted for both Category A and Category B VECPs: 1. A statement that the proposal is submitted as a VECP: 2. A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after October 1, 2024 6 Revision of Section 104 — Scope of Work construction. The Contractor shall request in writing the necessary information from the Engineer. 3. A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The Contractor's Engineer shall electronically seal the proposed plans and specifications. 4. A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or the Department's overhead. All costs and proposed unit prices shall be documented by the Contractor. 5. A statement specifying the date by which a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from the Department is required to avoid delays to the prosecution of the Contract. 6. A statement detailing the effect the Proposal will have on the time for completing the Contract. 7. A description of any previous use or testing of the proposed changes and the conditions and results. If the Proposal was previously submitted on another the Department project, the proposal shall indicate the date, Contract number, and the action taken by the Department. 8. An estimate of any effects the VECP will have on other costs to the Department. 9. A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations. (c) Evaluation. VECP will be evaluated by Weld County per the CDOT Construction Manual. Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design and computations, and changed plan sheets required to develop the design changes. October 1, 2024 7 Revision of Section 104 — Scope of Work 1. The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with the Department's design criteria for the project. 2. VECPs, whether or not approved by the Department, apply only to the ongoing Contracts referenced in the Proposal and become the property of the Department. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. The Department has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. The Department retains the right to utilize any accepted Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect to patented materials or processes. 3. If Weld County is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor. 4. The Contractor shall have no claim against Weld County for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to: development costs, loss of anticipated profits, increased material or labor costs, or untimely response. 5. Proposals will be rejected if equivalent options are already provided in the Contract. 6. Proposals that only reduce or eliminate contract pay items will be rejected. 7. The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer. 8. A proposal changing the type or thickness of the pavement structure will be rejected. 9. No VECP proposal can be used to alter incentive and disincentive rates and maximums on Cost plus Time bid (A + B) projects. 10. Right of way cannot be bought as part of a VECP to eliminate phasing on a project. 11. AVECP changing the design of a structure may be considered by Weld County, if the design meets the following conditions: October 1, 2024 8 Revision of Section 104 — Scope of Work A. The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies. B. The design has the same roadway typical section as the original plans. C. The design meets or exceeds the benefits of the construction -handling or traffic phasing scheme shown in the original plans. D. The design meets or exceeds all environmental commitments and permit requirements of the original Contract. E. The design shall not increase environmental impacts beyond those of the original Contract. F. The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown on the original plans. G. The design has the same or greater flexibility as the original design to accommodate future widening. H. The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans. I. The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans. J. The design shall match corridor future development plans and architectural, aesthetic and pavement requirements, if applicable. K. The design shall not adversely impact Weld County's bridge inspection, maintenance, or other long-term costs or operations. L. The design shall meet all Weld County design standards and policies. M. The design shall include all additional costs and coordination necessary to relocate utilities. N. Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer licensed in the State of Colorado and employed by a firm other than the engineer -of -record. This design review will be performed at the Contractor's expense and shall be included in the Contractor's engineering costs. October 1, 2024 9 Revision of Section 104 — Scope of Work O. The Contractor shall provide Weld County with all design calculations, independent design check calculations, a rating package for each bridge prepared per the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure. If a structure design VECP meets these and all other requirements, the Weld County may, at its sole option, accept or reject the proposal. 12. The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for work performed under the proposal, or for its removal. (d) Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows: 1. The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum or any combination, as appropriate, under the Contract. Unless there is a differing site condition as described in subsection 104.02, the Contractor shall not receive additional compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items, or other increases in cost that were not foreseen in the accepted VECP unless otherwise approved by the Engineer. 2. For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) — (gross cost of added work) _ (gross savings) (gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) _ (net savings) Contractor's total incentive = (net savings)/2 Lost opportunity shall not be considered part of the calculations. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. The Contractor's engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. Weld County's engineering costs shall be actual consultant costs billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be calculated at the fixed amount of $100.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in Weld County's portion of the costs. October 1, 2024 10 Revision of Section 104 — Scope of Work 3. At the completion of the VECP design work, the Contractor shall furnish Weld County any additional documentation such as surveys, geotechnical reports, documentation, or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish Weld County with Professional Engineer sealed Record sets, and As -Constructed plans showing the VECP work. (e) Contractor Appeal Process. Appeals can be made only on VECPs (Category A). The Prime Contractor submitting the VECP may file cone -time appeal to the Weld County Public Works Director on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Weld County Public Works Director will be final. End of Section October 1, 2024 1 Revision of Section 105 - Control of Work Section 105 of the Standard Specifications is hereby revised for the project as follows: S ubsection 105.01 shall be revised to include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons outlined in the Contract Documents. All the Contractor's employees shall have the skill, experience, and any licenses or certifications required to perform the Work assigned to them. If the County determines, in its sole discretion, that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The employee shall be removed from the project as soon as possible but in an amount of time not to exceed 24 hours. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. Weld County, in its sole discretion, may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The project management staff shall be removed from the project as soon as possible but in an amount of time not to exceed 7 calendar days. If the Contractor or the S ubcontractor fails to remove such Person(s), then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. S ubsection 105.02 shall include the following paragraph before Subsection 105.02(a): 105.02 Plans, Shop Drawings, Working Drawings, Other submittals, and Construction Drawings. The Contractor shall submit a Construction Phasing Plan to the Engineer for review and approval at least five (5) days prior to the Pre -construction Conference. The Construction Phasing Plan shall be updated at least once per month and shall be included with the Project Schedule Update. October 1, 2024 2 Revision of Section 105 — Control of Work P rovisions regarding plans, shop drawings, working drawings, and construction documents are set forth in the Contract Documents. S ubsection 105.02(b), Paragraph 1 shall include the following: For the purposes of review, working drawings are considered the same as shop drawings and shall be reviewed in the same manner. S ubsection 105.02(e) be deleted and replaced with the following: (e) Other Submittals. Other submittals shall be prepared and submitted by the Contractor as defined for working drawings. Unless otherwise specified, a copy shall be submitted to the Engineer for review. The plans or specifications will indicate which submittals require formal review by the Engineer. One record set of all design work performed by the Contractor's Engineer shall be submitted to the Project Engineer. S ubsection 105.02(f), paragraph 2 shall be deleted and replaced with the following: U pon completion of the work and before final payment, the construction drawings shall be submitted to the Engineer. The As -Constructed drawings shall be completed per S ection 121.2.3 of the CDOT Construction Manual and CDOT Procedural Directive 508.1 - Professional Engineer's Stamp. The As -Constructed drawings shall be stamped, signed, and dated by a licensed professional engineer or professional land surveyor registered in the State of Colorado. References in Section 121.2.3 of the CDOT Construction Manual to the Project Engineer shall apply to the Contractor. S ubsection 105.02(j) shall be added immediately following Table 105-1 and shall include the following: (j) Weld County Project Submittals. Table 105 -la summarizes the minimum required submittals by Weld County. Items highlighted in the table are required to be submitted and approved by Weld County before the start of construction. Table 105 -la is not intended to be all inclusive but is intended to provide the Contractor with submittal requirements in one convenient location. Additional submittals that are not in this table may be required by the Engineer. The Contractor shall provide all submittals required by the Contract, including those not listed in the table. Not all submittals are required for every project and the Contractor shall communicate with the Engineer in the event of any questions. Method Statements required by Section 108.03(j) and have been included in the section that covers a given item. Failure to provide the appropriate submittals to the Engineer for review and approval shall result in the assessment of a pay reduction in the amount of $500 October 1, 2024 3 Revision of Section 105 — Control of Work per day per submittal for each day the Contractor fails to provide the required submittal and/or revised submittal. If the Contractor fails to provide a required submittal, the Contractor shall communicate with the Engineer and provide reasons why the submittal was not sent to the Department and a timeline for providing the submittal. Table 105-1a — Required Weld County Submittals Section No. Description 103.01 . Form 605 and 621 within 5 days of bid opening Value Engineering Proposals (if applicable) 104.07 105.02 Construction Pre -Construction Phasing Meeting Plan (submit and updated a minimum monthly) of 5 days prior to 105.02(b) & (c) Shop Drawings 105.02(b) & (d) ` Working Drawings (Note considered same as a shop drawing) 105.02(e) ` As -Constructed (As -Built) Drawings 105.07(b) Method of Handling Traffic for Smoothness Acceptance Testing Method Statement for Corrective Actions (i.e., grinding) 105.07(e) 105.18 Overweight Permits 106.01' Form 1425 more Suppliers than $10,000 List from or Contractor more of supplies and Sub or -contractors materials to the providing project 106.02(b) Agreements between landowners and contractor 106.02(b) Material source of sand and gravel with testing results 106.02(b) For substances imported certification embankment or topsoil - Hazardous waste and 106.04' Process Control tester certifications for lab and each tester 106.041 Earthwork Process Control Plan 106.05(a) HMA Process Control Plan 106.05(a)(8) HMA PC notebook (See Colorado Procedure 12) 106.05(b) ` HMA Dispute Testing 106.05(d) HMA written quality proposal level for for a stability mix design less than revision 65 - Contractor to submit 106.06(a) Portland Cement Concrete Paving Process Control Plan 106.06(a) Concrete Quality Control Plan 106.06(a)(7) ` PCCP PC notebook (See Colorado Procedure 12) 106.11 ` Buy America Certification 106.12 . Submittal for certificates of compliance 106.13 Submittal for certified test results 107.02 Any permits and/or agreements 107.06' Site specific safety plan Safety "Toolbox" Meeting Schedule 107.06(a)(4) October 1, 2024 4 Revision of Section 105 - Control of Work Section No. Description 107.06(e)' PPE Statement 107.26(b)(5)' Spill Response Plan 107.26(b)(5)' List of Potential Pollutant Sources 107.26(b)(6)' Construction Dewatering Permit From CDPHE (if required) Dewatering Plan (if required) 107.26(b)(7)' Agreement to discharge water to a ditch (if required) 107.26(b)(7)1 107.26(b)(8)1 Diversion Plan (if working in river) 107.26(b)(12)' Method Statement for Containing Pollutant Byproducts 107.26(b)(17)' Clean Equipment Certifications (if working in water) 107.26(c)' Colorado Discharge Permit System - Stormwater 108.01' Form applicable) 205 for Contractor and each sub -contractor on the project (if 108.03(b)' Baseline Schedule and Monthly updates 108.03(g) Weekly update for 2-3 week look ahead 108.03(j)' Method Statements for Salient Features 108.04(b) Form 1418 - Monthly Payment Summary 109.01 Scale tickets 109.01 Weigher Certifications 109.01 Truck project identification sheet for each truck making deliveries to the 109.01 Scale Certifications 201' Method statement for clearing and grubbing 202' Method statement for removal of structures and obstructions 202.021 Tree references) Trimming Contractor Name & Qualifications (including 202.02' Bridge Removal Plan (if applicable) 202.09 Planing Plan 202.09 Method statement for removal of asphalt mat 202.09 Process Control Plan for planing operations 203 ` Method statement for embankment 203 ` Method statement for handling frozen subgrade and materials 203 Submittal for 57-67 Rock Fill 203.03(a) Submittal for 3 Inch Minus Rock Fill 203.03(a) Quality Control Plan for embankment 206 Method statement for excavation and backfill of structures 206.02(a) Submittal for flow fill mix design 206.09 Shoring designs 2071 Method topsoil statement for salvaging of topsoil and redistribution of Topsoil Test Results from an accredited lab 207.02(a) October 1, 2024 5 Revision of Section 105 - Control of Work Section No. Description 207.04 Submittal for imported topsoil 208' SWMP notebook 208.02(a) & 213.02 Weed Certification Free 208.02(j) Concrete Washout Method Statement 208.03(c)' Proof of Erosion Control Supervisor Training 208.05' Submittal for straw bales 208.05' Submittal for silt fence 208.05' Submittal for silt berms 208.05' Submittal for erosion control logs 208.05' Submittal for aggregate bags 208.05' Submittal for mobile concrete washouts 208.05' Submittal for mobile tracking pads 208.051 Submittal for stormwater inlet protection 208.051 Submittal for turbidity curtain 208.051 Submittal for silt dikes 208.05' Submittal for temporary construction fence 208.05' Submittal for vehicle tracking pad aggregate 208.051 Submittal for other miscellaneous items 209 Method statement for watering and dust palliatives 209.05 Submittal for dust palliative material 209.06 Submittal for source of landscaping water 211 Method statement for dewatering (if required) 211 Dewatering Plan (if required) 212 Method statement for seeding, fertilizing, & soil conditioning 212.02 Submittal for seed mix/seed certification 212.02 Submittal for mycorrhizae 212.02 Submittal for fertilizer 212.02 Submittal for soil conditioner 212.02 Submittal for composting material 213 Method statement for mulching 213.02 Submittal for weed free straw/hay mulch 213.02 Submittal for hydraulic mulch 213.02 Submittal for mulch tackifier 214 & 215 Method statement for planting and transplanting 214 & 215 Plan for Landscape Maintenance 214.02 & 215.02 � Submittal for vegetation to be planted or transplanted 214.02 & 215.02 Submittal for humus 214.02 & 215.02 Submittal for fertilizer 216 Method statement for soil retention blanket and TRM installation 216.02 Submittal for turf reinforcement mats October 1, 2024 6 Revision of Section 105 - Control of Work Section No. Description 216.02 Submittal for soil retention blankets 216.02 Submittal for staples including a sample of the staple 216.02 Submittal for other miscellaneous items 250.03(c)' Hazardous Materials Health and Safety Plan 250.04(b)' Method hazardous Statement materials for capturing, testing, and disposing of 304.04 Method Statement for ABC Placement 306.01 Method Statement for Reconditioning 307.04 Method Statement for Lime Treated Subgrade 401 Method statement for HMA placement 401.02 HMA Mix Design 401.10 HMA paver wedge system 401.10 Method statement for preventing asphalt paver segregation 401.16 HMA joint plan 401.16 HMA pavement marking plan HMA be changed QL less to than obtain 75 - density plan for methods and procedures that will 401.17 403.02 for Submittal additives to HMA 403.02 Submittal for hydrated lime (if applicable) 403.02 Submittal for mineral fillers (if applicable) 403.02 for Submittal HMA Segregation Quality Control Plan 403.02 Submittal for other miscellaneous items 405 ` Method statement for heating and scarifying treatment 406 ` Method statement for using cold patch asphalt 407.02 Submittal for tack coat material 408 Method statement for using joint and crack sealants 408.02 Submittal for joint and crack sealants 409 Method statement for chip seal 412 Method statement for placing PCCP 412.02 Submittal for PCCP mix design 412.02 Submittal for PCCP admixtures and additives 412.02 Submittal for PCCP joint and crack sealants 412.02 Submittal for PCCP curing materials 412.02 Submittal for dowel bars/dowel baskets 412.02 Submittal for tie bars 412.02 Submittal for reinforcing steel (if applicable) 412.02 Submittal for other miscellaneous items 412.13(a) Submittal for tie bar and dowel bar epoxy 412.13(b)(1) Method Statement for installing and repairing tie bars 412.13(b)(2) Method statement for installing and repairing dowel bars October 1, 2024 7 Revision of Section 105 - Control of Work Section No. Description 412.16 Method statement for repair methods 412.22 Maturity curve for concrete per ASTM C1074 420 Method statement for installing geosynthetics 420.02 Submittal for geotextiles/geogrids 420.02 Submittal for geotextile staples (if applicable) 420.02 Submittal for MSE wall materials 501 Method statement for driving sheet pile 501.02 Submittal for sheet piling 501.02 Submittal for sheet piling tips 502 Method statement for driving steel pile 502.01 Submittal for steel pile 502.01 Submittal for reinforcing pile tips 502.01 Submittal for mechanical splice plates 502.01 Submittal for certified welders 502.01 Submittal for certified welding inspector 502.01 Submittal for pile driving equipment (crane and hammer) 502.05 WEAP Analysis 502.09 CAPWAP analysis for pile driving 503.02 Project Reference List 503.02(a) List of On -site Supervisors and Drill Rig Operators with Experience Listed 503.02(b) Drilled Shaft Installation Plan 502.03(c) Slurry Technical Assistance 502.03(d) Drilled Shaft Logs for Construction 503.05 Class BZ Mix Design 503.08 to 503.10 Submittal for Various Slurry Mixes 503.20 CSL Testing Report 503.20 CSL Grout Submittal 504 Method statement for constructing walls 504.02 Submittal for MSE wall design 504.02 Submittal for geomembrane 504.02 Submittal for wire baskets 506 Method statement for placing riprap 506 Submittal for each size of riprap 507 Method statement for constructing slope and ditch paving 507.02 Submittal for concrete mix design 507.05 Submittal for grout mix design Submittal for curing compounds 507.10, 507.11 508 Method Statement for constructing timber structures 509 ` Method statement for constructing steel structures October 1, 2024 8 Revision of Section 105 - Control of Work Section No. Description 509.27 Erection plan submittal 509.27 Written documentation of daily inspections of erected girders 510 Structural Plate Material 512.02 Submittal for bearing devices (plain or laminated) 512.02 Submittal for elastomeric bearing pads 512.17 Submittal bearing devices of shop drawings, design calculations, & load data for 514 Method Statement for Pedestrian and Bikeway railing installation 515 Method statement for application of waterproofing membrane 515.02 Submittal for waterproofing membrane 515.02 Submittal for protective covering 516 Method Statement for Dampproofing 516.02 Submittal for Dampproofing Materials 517 Method Statement for Waterproofing 517.02 Submittal for Waterproofing Materials 518.02 Submittal for Water Stop Materials 518.03 Submittal for Asphaltic Plug Materials 518.04 Submittal for Sidewalk Expansion Devices 518.05 Submittal for Modular Expansion Devices 518.06 Submittal for Polyester Concrete End Dam 601 Method statement for placing structural concrete 601.03 Submittal for admixtures 601.03 Submittal for curing compounds 601.03 Submittal for fly ash 601.03 Submittal for cement 601.03 Submittal for joint materials 601.03 Submittal for pre -formed joint materials 601.03 Submittal for bearing materials 601.03 Submittal for epoxy fillers 601.03 Submittal for pointing and patch materials 601.03 Submittal for fiber reinforcing materials (if applicable) 601.03 Submittal for Mixing Certification Truck 601.05 Submittal for concrete mix design 601.05 Submittal for Certified Results - Cement, fly ash, etc. Test 601.07(c)(3) 46 - Concrete Truck Mixer Inspection Certification Form 601.09 Submittal for precast deck panel working drawings 601.11 Erection plan submittal 601.11 Written documentation of daily inspections of erected girders 601.11(a) Submittal for falsework working drawings 601.12 Winter protection plan (if applicable) October 1, 2024 9 Revision of Section 105 - Control of Work Section No. Description 601.12 Process Control Plan for placing concrete 601.13 Maturity curve for concrete per ASTM C1074 601.14(b) Submittal for structural concrete coating 601.15 Process and protecting Control bridge Plan for deck placing, concrete consolidating, finishing, curing, 602.02 Submittal for reinforcing steel 602.02 Submittal for steel chairs 602.03 Submittal of a bar list 603 Method statement for placing culverts and sewers 603.02 Submittal for culverts (all pipe types) 603.02 Submittal for pipe joint material 603.02 Submittal for pipe gaskets 603.02 Submittal for conduit 603.05 Submittal for pipe bedding material 604 Method materials statement for placing manholes, inlets, and other precast 604.02 Submittal for all manholes, inlets, and other precast materials 604.02 Submittal for grates and manhole covers 605 Method statement for laying underground pipes 605.02 Submittal for pipe material 605.02 Submittal for jointing material 605.02 Submittal for gaskets 606 Method statement for installing guardrail/bridge rail 606.02 Submittal for guardrail material (beams, posts, hardware, etc.) 606.02 Submittal for bridge rail material (beams, posts, hardware, etc.) 607 Method statement for installing fencing 607.02 Submittal for fence posts 607.02 Submittal for wire 607.02 Submittal for construction fencing 607.02 Submittal for gates 608 Method statement for installing sidewalks and bikeways 609 Method statement for constructing curb and gutter 611.02 Submittal for precast cattle guard base 611.02 Submittal for cattle guard decking material 612.02 Submittal for each type of delineator 612.02 Submittal for reflectors 613.02 Submittal for lighting fixtures 613.02 Submittal for conduit 613.02 Submittal for poles 613.02 Submittal for pullboxes October 1, 2024 10 Revision of Section 105 - Control of Work Section No. Description 613.02 Submittal for grounding systems (ground rods, etc.) 614.02 Submittal for sign materials 614.02 Submittal for reflective material 614.02 Submittal for signposts 614.02 Submittal for signpost bases 614.02 Submittal for traffic signal equipment 614.02 Submittal for weather station equipment 615.02 Submittals for headgates, flumes, and other water control devices 618.02 Submittal for prestressed concrete mix design 618.04 Submittal for prestressed concrete shop drawings (Stamped by PE) 618.06 Process Control and Quality Assurance Plan submittal 618.06 Regrouting voids plan (if applicable) 618.06 Erection plan submittal 619.02(a) Method statement for installing water lines 619.02(a) Water Distribution System Plan Testing 619.02(a) Certifications of Calibration for testing equipment 619.02(a) Certified testing report 619.02(a) Submittal for pressure gauges 619.02(a) Submittal for PVC pipe 619.02(a) Submittal for ductile iron pipe 619.02(a) Submittal for mechanical thrust restraints 619.02(a) Submittal for service line materials 619.02(a) Submittal for curb stops 619.02(a) Submittal for curb stop boxes 619.02(a) Submittal for meters 619.02(a) Submittal for meter setters 619.02(a) Submittal for meter pits and vaults 619.02(a) Submittal for valves and valve boxes 619.02(a) Submittal for fire hydrants 619.02(a) Submittal for fittings and couplings 619.02(a) Submittal for corporation stops 619.02(a) Submittal for backflow prevention devices 619.02(a) Submittal for tracer wire and testing stations 619.02(a) Submittal for access points 619.02(a) Submittal for disinfection solutions 619.02(a) Submittal for bedding materials 624 Method statement for constructing drainage pipelines 624.02 Submittals for pipes 624.02 Submittal for gaskets 626.01 Public Information Manager & Plan October 1, 2024 11 Revision of Section 105 - Control of Work Section No. Description 626.01 Stakeholder list 626.01 Specific Stakeholders needing ongoing communications Method statement for pavement markings 627 627.02 Submittal for glass beads 627.02 Submittal for waterborne paint (if applicable) 627.02 Submittal for epoxy paint (if applicable) 627.02 Submittal for thermoplastic markers 630.02' Submittal for temporary traffic control signs 630.03' Submittal for message boards 630.041 Submittal for temporary traffic signals 630.05' Submittal for traffic cones 630.08' Submittal for concrete barrier 630.091 NCHRP 350 Certification for Work Zone Devices 630.101 Submittal for MHTs 630.101 Submittal for Transportation Operations Plan 630.10' Submittal for Transportation Management Plan/Traffic Control Plan 630.11' Superintendent & TCS Traffic Control Certifications 630.11' Flagger Certifications 630.16 Submittal for temporary rumble strips Paint Certification 708.00 Miscellaneous Methods of repair Monthly Pay Application Submittals 106.05(a)(8) HMA PC notebook with daily updates PCCP PC notebook with daily updates 106.06(a)(7) 106.11(a) & (b) Buy America Certification Statement (if required) 106.12 Certificates of Compliance 106.13 Certified Test Reports 108.03(c) Monthly predecessor/successor path report, Schedule & non Update -workdays report, includes report early job start progress report, narrative float report, report, critical Civil Rights EEO Form EEO 1391 Report - Federal Aid Highway Construction Contractors Annual EEO Supervisor EEO Orientation EEO Written Compliance Notification Programs to Director for any of construction the Office of Federal Contract EEO DBE Participation EEO Form 1432 - Commercially Useful Function Questionnaire DBE Prompt Payment DBE Form 1420 - DBE Participation Plan Modification Request October 1, 2024 12 Revision of Section 105 - Control of Work Section No. Description OJT Form 1337 - Contractor Commitment to Meet OJT Requirements OJT Form 838 - OJT Trainee/Apprentice Report OJT Form 1336 OJT Modification Request OJT Form 832 - Trainee Status & Evaluation Report Project EEO Meeting FHWA 1273 NOTES: 1. 2. The submitted The be additional items items highlighted and in the submittals approved table in above required cyan prior are above to the not by start all the are inclusive. Engineer. required of construction. to There be may S ubsection 105.03, paragraph 5 shall be deleted and replaced with the following: When the Engineer or Inspector finds the materials furnished, work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. S ubsection 105.03, paragraph 7 shall be deleted and replaced with the following: Materials will be sampled and tested for Owner Acceptance by Weld County per the sampling and testing schedules and procedures contained in the Contract Documents and in CDOT's Field Materials Manual. The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit. The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is n ecessary to represent short production runs, significant material changes, or other u nusual characteristics of the Work. Tests that are determined to have sampling or testing errors will not be used. The Contractor will not have the option of accepting a price reduction in lieu of producing material that complies with the Contract Documents. Continued production of nonconforming Material will not be permitted. Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot. Rejected material shall be removed at the Contractor's expense. S ubsection 105.03 the two paragraphs following the Table 105-2 and starting with "If P is a negative number ..." shall be deleted and replaced as follows: If P is a negative number quantity, the material will be accepted as being in conformity. In cases where one or more elements show a positive P value, such positive values will be added, and the resulting sum will be used to determine the total P value. If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced price. If P is greater than 25, the Engineer may: October 1, 2024 13 Revision of Section 105 — Control of Work (1) require complete removal and replacement with specification material at no additional cost to Weld County. (2) require corrective action to bring the material into conformity at no additional cost to Weld County; or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropriate price reduction to be based on engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25. If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or greater the reduction will apply to the contract price multiplied by the Multipliers (M) listed in Table 105-3: Subsection 105.03(c) shall be added and shall include the following: (c) Conformity to the contract of embankment construction shall be determined per the following: 1. Process Control Plan. The Contractor shall be responsible for Process Control (PC) for all embankment material on this project. The Contractor shall submit a written Process Control Plan (PCP), including a methods statement, to the Engineer for acceptance. The PCP shall include but not be limited to the following: A. Methods Statements shall include but not be limited to: • Embankment placement and alternatives for placement that may be used. • Handling of frozen materials • Trenching through embankment for placement of culverts and pipes B. Maximum lift thickness of eight inches per subsection 203.06 or as directed. C. Compaction equipment capable of obtaining the specified compaction. D. Water trucks with an adequate distribution system that will apply water evenly. October 1, 2024 14 Revision of Section 105 — Control of Work E. List of all inspection and materials testing forms and procedures utilized by the Contractor. F. Adherence to Table 106-4 requiring minimum testing frequency. The contractor shall submit the PCP at least five working days before the start of the work. The Engineer's review of the PCP will not exceed two working days. Work shall not begin until the PCP has been accepted in writing, unless otherwise approved. 2. Documentation. The Contractor shall maintain current records of process control operation activities, and tests performed. These records shall be in the form shown in the PCP, and shall include as a minimum, the Contractor or subcontractor, the number of personnel working, weather conditions, type of equipment being used, delays and their cause, and deficiencies along with corrective action taken. Such records shall cover both conforming and defective or deficient features. Additional documentation to the Engineer shall include all daily test results, daily inspection reports, daily non-compliance reports, and monthly certification reports. Copies of these records and a statement that work incorporated in the project complies with the Contract shall be submitted to the Engineer before payment for the work or upon request. Monthly certification reports shall be stamped with the seal of a Professional Engineer registered in Colorado. Failure to provide the Engineer with the necessary documentation will result in the suspension of payments on embankment until the documentation has been completed and accepted by the Engineer. Weld County Owner Acceptance (OA) documentation shall not be used as supporting documentation for the Contractor's certification. Weld County shall be responsible for OA and Independent Assurance Testing (IAT). Subsection 105.05, paragraph 3 shall be deleted and replaced with the following: Materials will be sampled randomly and tested by the Department per subsection 106.05 and with the applicable procedures contained in CDOT's Field Materials Manual. The approximate maximum quantity represented by each sample will be as set forth in subsection 106.05. Additional samples may be selected and tested as set forth in subsection 106.05 at the Engineer's discretion. Subsection 105.05 shall be revised to include the following: Any test result for the air voids or VMA elements greater than the distance 2 x V (see Table 105-8) outside the tolerance limits will be designated as a separate process and the quantity it represents shall be removed and replaced with specification material at the Contractor's expense. October 1, 2024 15 Revision of Section 105 - Control of Work S ubsection 105.05(f)(2), paragraph 1 shall be deleted and replaced with the following: (2) Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place. If the material is permitted to remain in place, the PF for the process will not be greater than 0.75. The Engineer will be consulted before determining the material will be allowed to remain in place. The Engineer will also be consulted to assist in determining an appropriate pay factor. Table 105-8, "W" and "V" Factors for Various Elements shall be deleted and replaced with the following: Table 105-8 — "W" and "V" Factors for Various Elements Element W Factor V Factor 2.36 mm (No. 8) mesh and larger sieves 2.80 N/A 600 mm (No. 30) mesh sieve 1.80 N/A 0.80 N/A 75 mm (No. 200) mess sieve Gradation N/A 15 Asphalt Content 0.20 25 In -place Density 1.10 45 Joint Density 1.60 15 Voids in the Mineral Aggregate 0.60 10 Air Voids 0.60 30 S ubsection 105.05(g) shall be deleted and replaced with the following: (9) Process I/DP Computation. Incentive/Disincentive payments will not be made to the Contractor for Hot Mix Asphalt. The conformance to contract of the material and elements involved shall be evaluated using the (Asphalt 03') Quality Project Management program and Section 105.03. All sampling frequencies shall follow Table 106-2 and Stratified Random Sampling Schedules. Pay reductions shall be made in accordance with the following formula: /DP = (PF - 1)(QR)(UP)(W/100) Where: I/DP = Incentive or Disincentive Payment P F = Pay Factor QR = Quantity in Tons of HMS Represented by the Process U P = Unit Bid Price of Asphalt Mix October 1, 2024 16 Revision of Section 105 — Control of Work W = Element Factor from Table 105-8 When AC is paid for separately UP shall be: UP FrOnHMARUPHMAYE (1-OnACRUPACW TOIIHMA Where: TonHMA = Tons of Asphalt Mix UPHMA = Unit Bid Price of Asphalt Mix TonAC = Tons of Asphalt Cement UPAC = Unit Bid Price of Asphalt Cement For the joint density element: UP = UPHMA Where: UPHMa is as defined above When AC is paid for separately UP shall be: UP = RBTonHmA) (BUPENA)-F(BTonAc) (BUPAc)]/ (BTonHmA) Where: BTonHMA = Bid tons of Asphalt Mix BUPHMA = Unit Bid Price of Asphalt Mix BTonAC = Bid Tons of Asphalt Cement BUPAC = Unit Bid Price of Asphalt Cement Subsection 105.06 shall be deleted and replaced with the following: 105.06 Conformity to the Contract of Portland Cement Concrete Pavement. Conformity to the Contract of all Portland Cement Concrete Pavement (POOP), Item 412, will be determined per the following: The Plan Value for PCCP shall be 650 psi. The lower tolerance limit (TO, shall be 615 psi. Concrete less than the TL of 615 psi shall be evaluated for incentive/disincentive payment to 600 psi. Concrete flexural strength that is less than 600 psi shall be removed and replaced at the sole discretion of the Engineer. When the Engineer finds that the materials furnished, the work performed, or the finished product does not conform to the Contract, or the Pay Factor (PF) for an element's process October 1, 2024 17 Revision of Section 105 — Control of Work is less than 0.75 but that reasonably acceptable work has been produced, the Engineer will determine the extent of the work that will be accepted and remain in place. The Engineer will use a Contract Modification Order to document the justification for allowing the work to remain in place and the price adjustment that will be applied. When the Engineer finds the materials furnished, work performed, or the finished product is not in conformity with the Contract, or the PF for an element's process is less than 0.75 and has resulted in an inferior or unsatisfactory product, the work or material shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. When the PF for any process is 0.75 or greater, the finished quantity of work represented by the process will be accepted at the calculated pay factor. Materials will be sampled and tested by the Contractor and the Department per subsection 106.06 and with procedures contained in the CDOT Field Materials Manual. The approximate quantity represented by each sample will be as set forth in subsection 106.06, and Table 106-5. Additional samples may be selected and tested at the Engineer's discretion. A set of flexural strength beams and splitting tensile strength cylinders shall be taken by the Contractor and tested at 7-, 14-, and 28 -days to determine the 7-, 14-, and 28 -day average flexural and splitting tensile strengths. The average 7 -day flexural strength will be compared with the average 7 -day flexural strength from the laboratory tests for the approved mix design. The 7, 14, and 28 -day average flexural strengths will be compared to the average 7,14, and 28 -day laboratory tests for the approved mix design. A flexural strength to splitting tensile strength correlation curve shall be developed for the pre- production batch test. If the average 7 -day flexural strength is more than 10% below the average 7 -day flexural strengths from the laboratory test for the approved mix design, the Contractor shall provide a written method statement detailing the corrective actions to be taken and if necessary what changes will be made to the approved mix design. The method statement and mix design changes shall be approved by the Engineer. At the Engineer's discretion, another pre -production batch test may be required before actual production paving will be authorized to start. If the Contractor fails to obtain approval for the method statement and mix design changes, the Engineer may issue a stop work order shutting down paving production. Contract time will continue and no additional time will be added to the Project Schedule. In accordance with Section 108.09, liquated damages will be assessed if the project is not completed on time. If at any time during production, the average 7 -day flexural strength for a lot or sublot is more than 10% below the average 7 -day flexural strength from the laboratory tests for the approved mix design, the Contractor shall immediately stop the concrete paving production and provide a written method statement detailing the corrective actions to be taken and if necessary what changes will be made to the approved mix design. The method statement and mix design changes shall be approved by the Engineer. At the October 1, 2024 18 Revision of Section 105 — Control of Work Engineer's discretion, another pre -production batch test may be required before actual production paving will be authorized to start. If the Contractor fails to obtain approval for the method statement and mix design changes, the Engineer may issue a stop work order shutting down paving production. Contract time will continue and no additional time will be added to the Project Schedule. In accordance with Section 108.09, liquated damages will be assessed if the project is not completed on time. Production will remain suspended until the source of the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor and approved in writing by the Engineer before production may resume. (a) Incentive and Disincentive Payments (I/DP) will be made based on a statistical analysis that yields Pay Factors (PF) and Quality Levels (QL). The PF and QL will be made based on test results for the flexural strength element and pavement thickness. Incentive or Disincentive payment will not be made for thickness of concrete pavement furnished by the Contractor and placed by others. Plan thickness shall be the minimum thickness provided in the plans or higher. PCCP thickness will be measured per the procedures outlined in the CDOT Field Materials Manual. The QL will be calculated for the elements of flexural strength and pavement thickness on a process basis. A process will consist of the test results from a series of random samples. Test results determined to have sampling or testing errors will not be used. All materials produced will be assigned to a process. Changes in mix design, design pavement thickness, or a break of more than 120 working days between placements will create a new process. The following is provided to clarify changes in processes for each element: 1. Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process for the flexural strength element, when the mix design does not change and there is not a break of more than 120 days between placements. If the QL falls to or below 0.75, a new process will begin. 2. Construction of mainline pavement, including the shoulders if placed with the mainline, is a single process for the thickness element, when the planned thickness does not change and there is not a break of more than 120 days between placements. If the QL falls to or below 0.75, a new process will begin. 3. Construction of ramps, acceleration and deceleration lanes and shoulders placed separately are considered separate processes. 4. Changes in paving equipment, changes in placement method, changes in hauling equipment, adjustments to mix designs that do not require a new mix October 1, 2024 19 Revision of Section 105 — Control of Work design, changes in weather conditions, and changes in production rate shall not create a new process in the strength or thickness elements. The Contractor and Engineer will determine element processes and what distinguishes them as processes during the Pre -pave meeting before concrete placement. (b) When it is necessary to represent material by one or two tests, each individual test shall have a PF computed per the following: If the value of the test is at or above the lower tolerance limit, then PF = 1.000. If the value of the test is below the lower tolerance limit, then: PF = 1.00 — [0.25(TL -To)/V] Where: PF = Pay Factor V = V Factor from Table 105-10 To = The Individual Test Value II = Lower Tolerance Limit (c) The following procedures will be used to compute Incentive and Disincentive Payments (I/DP), quality levels (QL), and pay factors (PF) for processes represented by three or more tests: 1. Quality Level (QL) will be calculated according to CP-71. 2. Compute the PF for the process. When the process has been completed, the number of tests (Pn) it includes shall determine the formula to be used to compute the final pay factor per the following: A. For pavement thickness: When 3≤Pn≤5 If QL ≥ 85, then PF = 1.00 + (QL - 85)0.001333 If QL < 85, then PF = 1.00 + (QL - 85)0.005208 When 6≤Pn≤9 If QL ≥ 90, then PF = 1.00 + (QL - 90)0.002000 October 1, 2024 20 Revision of Section 105 — Control of Work If QL < 90, then PF = 1.00 + (QL - 90)0.005682 When 10 ≤ Pn ≤ 25 If QL ≥ 93, then PF = 1.00 + (QL - 93)0.002857 If QL < 93, then PF = 1.00 + (QL - 93)0.006098 When Pn ≥ 26 If QL ≥ 95, then PF If QL < 95, then PF B. For flexural strength: When 3 < Pn < 5 If QL ≥ 85, then PF If QL < 85, then PF When 6<Pn<9 If QL ≥ 90, then PF If QL < 90, then PF When 10 < Pn < 25 If QL ≥ 93, then PF If QL < 93, then PF When Pn ≥ 26 If QL ≥ 95, then PF 1.00 + (QL - 95)0.004000 1.00 + (QL - 95)0.006757 1.00 + (QL - 85)0.002000 1.00 + (QL - 85)0.005208 1.00 + (QL - 90)0.003000 1.00 + (QL - 90)0.005682 1.00 + (QL - 93)0.004286 1.00 + (QL - 93)0.006098 1.00 + (QL - 95)0.006000 If QL < 95, then PF = 1.00 + (QL - 95)0.006757 3. Compute the I/DP for the process: I/DP - (PF-1)(QR)(UP) Where: QR = Quantity Represented by the process. October 1, 2024 21 Revision of Section 105 - Control of Work UP = Unit Price bid for the Item. The total I/DP for an element shall be computed by accumulating the individual /DP for each process of that element. (d) As acceptance test results become available, they will be used to calculate accumulated QL and Incentive/Disincentive Payments (I/DP) for the item. The Contractor's test results, and the accumulated calculations shall be made available to the Engineer upon request. The Engineer's test results, and the calculations will be made available to the Contractor as early as reasonably practical. Numbers from the calculations shall be carried to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. When the Contract specifies I/DP, the I/DP will be made to the Contractor per subsection 412.24(a). During production, Interim I/DP will be computed for information only. The Pn will change as production continues and test results accumulate. The Pn at the time and I/DP is computed shall determine the formula to be used. When the Contract does not specify I/DP, no I/DP will be made to the Contractor for Portland Cement Concrete Paving. The conformance to contract of the material and elements involved shall be evaluated per Section 412. (e) The Contractor shall not have the option of accepting a price reduction or disincentive in lieu of producing specification material. Continued production of non - specification material will not be permitted. Material which is obviously defective may be isolated and rejected without regard to sampling sequence or location within a process. (f) When flexural strength is indicated in the Contract, the Contractor shall, in the presence of the Engineer, begin batch testing a minimum of 10 days to the start of concrete paving to develop a correlation curve per AASHTO T198 (ASTM C496) Splitting Tensile Strength of Cylindrical Concrete Specimens. Specimens shall be evaluated per CP 65-19 method B. At least three splitting tensile strength specimens and four flexural strength specimens will be tested at 3, 7, 14, and 28 days. The splitting tensile strength and flexural strength specimens for each age used to develop the correlation curve shall be cast from the same batch of concrete being placed on the project. Cores used to determine splitting tensile strengths shall only be taken from the portion of the slab that is failing (595 psi or less) with written approval from the Engineer and in the presence of the Engineer. The Lower Tolerance Limit (TO for flexural strength shall be 615 psi. October 1, 2024 22 Revision of Section 105 — Control of Work At any time during production, the Engineer may request a verification of the correlation curve developed during the batch testing for concrete paving. Verification of the curve shall be done by casting three splitting tensile specimens by the Department and testing them at the Contractor's Process Control Laboratory. The flexural strength of the correlated splitting tensile samples shall be compared to the Contractor PC flexural strength results cast from the same batch. For verification, both flexural strength specimens and splitting tensile specimens will be tested at 28 days. If the correlated flexural strength of the splitting tensile sample is not within 50 psi of the verification beam specimen's flexural strength, a new correlation curve shall be developed within 3 days for future low strength evaluations. The new correlation curve will be used for any future low flexural strength evaluations that result from concrete placed on or after the date the new correlation curve specimens are cast. Table 105-10 "V" Factors and Incentive Payments (Flexural Strength Criteria) Element V Maximum Payment Incentive Lower Tolerance Plan Value Limit TL Factor Flexural Strength 50 psi 3.00 % 615 psi 650 psi (9) Sand Equivalence. The sand equivalence (SE) as determined by CP 37 will be considered acceptable when the running average of three consecutive tests is greater than 80 percent and no individual test result is less than 75 percent. When the running average of three consecutive SE tests falls below 80 percent or an individual SE test result falls below 75 percent, paving operations shall be suspended. The Contractor shall submit a written plan to correct the low SE test results to the Engineer for approval. The Contractor shall not continue paving operations until the Engineer approves the plan in writing and three SE test results from random samples in the stockpile are above 80 percent. (h) Pavement Surface Texture. The Contractor shall perform process control (PC) testing for the pavement surface texture depth per CP 77 Method B. All PC results for surface texture depth measurements shall be included in the Contractor's QC notebook. The start of PC testing for texturing depth shall be completed within 48 hours after the first 500 linear feet of textured pavement is placed for each lane. Paving shall not proceed until results are accepted by the Engineer. Surface texture will be considered acceptable when the average texture depth (ATD) of the panel is greater than 0.05 inch. When the ATD is less than 0.05 inches, the Contractor shall determine the area represented by this test. The area shall be determined by taking additional tests at 15 -foot intervals parallel to the centerline in each direction from the affected location until two consecutive tests are found to be within the specified limits. Any surface with unacceptable texturing exceeding 25 linear feet in any lane or shoulder greater than 8 feet wide shall be diamond ground full width of the lane. Upon the second unacceptable test result, the October 1, 2024 23 Revision of Section 105 — Control of Work Contractor shall notify the Engineer, in writing, of the action taken to provide an acceptable surface texture. The Department will perform surface texture acceptance testing per CP 77 Method B. The Department will determine the panel locations where acceptance test measurements are to be taken. One stratified random acceptance test per 2,500 linear feet or fraction thereof in each lane and shoulder wider than 8 feet shall be taken with a minimum of one test per day when the Contractor is paving. When the Department locates areas of surface texture that do not meet the minimum ATD, the Contractor will be notified, and the Contractor shall identify the limits of the deficient texture depth. After the Engineer approves the limits, the Contractor shall correct the deficient surface texture by diamond grinding full lane width to provide an ATD greater than 0.05 inch at no additional cost to the project. The Contractor shall correct surface texture deficiencies before pavement smoothness testing and pavement thickness determinations. Subsection 105.07 shall be deleted and replaced with the following: 105.07 Conformity to Roadway Smoothness Criteria. Roadway smoothness testing and corrective work shall be performed as described below. The pavement smoothness category shall be MRI Category B unless shown otherwise on the plans. At least two weeks before the Pre -paving Conference the Contractor may request a change to the pavement smoothness category based on the CDOT's Design Bulletin guidelines for assigning pavement smoothness categories as found on CDOT'S website at: (https://www.codot.govibusinessidesignsupportibulletins manuals/design-bulletins/). The Contractor shall not assume a change will be granted and shall be prepared to build the pavement according to the assigned smoothness category. Once paving operations have been started, a change in pavement smoothness category will not be made. (a) Smoothness Process Control Testing. 1. The Contractor shall perform Smoothness Process Control (SPC) testing. The test results shall be submitted to the Engineer within 48 hours of completion. SPC test results shall show the Mean Roughness Index (MRI) for each 0.10 mile. All traffic control costs associated with SPC testing will be paid for per Section 630. SPC testing shall be performed on the first 2,000 tons for the final layer of HMA or each day's paving within 24 hours after the concrete has achieved sufficient strength for PCCP. SPC testing on SMA will be tested after the sheen has been worn off. The Contractor may continue paving at his own risk. The Contractor October 1, 2024 24 Revision of Section 105 — Control of Work shall not perform the SQC testing until after the concrete has attained a compressive strength of 1,000 psi if a lightweight profiler is used or 2,000 psi if a high-speed profiler is used. SPC testing shall be performed using the Contractor's inertial profiler, pursuant to the methods described in subsection 105.07(b). The Contractor's Inertial Profiler and Operator shall be certified according to CP 78. See CDOT's list of certified profilers and operators at (https://www.codot.gov/business/designsupport/matgeo/pave-smooth-testing). Production shall be suspended if SPC testing indicates that corrective work is required in accordance with subsection 105.07(e). If the SPC data becomes available after production has started for the day, suspension will begin at the end of that production day for HMA. Production will remain suspended until the problem is identified and corrected. Each time production is suspended, corrective actions shall be proposed in writing by the Contractor. Production shall not resume until the proposed corrective actions have been accepted by the Engineer in writing. When production resumes, the Contractor shall profile the first 2,000 tons of HMA or each day's paving within 24 hours after the concrete has achieved sufficient strength for PCCP. The conditions described above for suspension of work will apply. 2. The finished transverse and longitudinal surface elevation of the pavement shall be measured using a 10 -foot straightedge. Areas to be measured will be directed by the Engineer. The Contractor shall furnish an approved 10 -foot straightedge, depth gauge, and operator to aid the Engineer in testing the pavement surface. Areas showing high spots of more than 3/16 inch in 10 feet shall be marked and diamond ground until the high spot does not exceed 3/16 inch in 10 feet. (b) Initial Smoothness Acceptance Testing. The Contractor shall perform Smoothness Acceptance Testing (SA) which will be used for locating corrective work. If no corrective work is required, it will be considered the final SA testing and shall be uses for acceptance and calculation of incentive adjustments. The Contractor shall submit a Method for Handling Traffic (MHT) to the Engineer for approval at least five days in advance of SA testing. The MHT shall detail the methods for traffic control that will allow for continuous non-stop profiling of each lane to be profiled at a minimum speed of 15 mph and for the placement of triggers. The Contractor shall provide the traffic control per the approved MHT. SA testing shall not be performed without traffic control using the approved MHT. All traffic control costs associated with SA testing will be paid for per Section 630. October 1, 2024 25 Revision of Section 105 — Control of Work Pavement surfaces shall be tested and accepted for longitudinal smoothness as described. 1. Testing Procedure (General). The longitudinal surface smoothness of the final pavement surface shall be tested by the Contractor per CP 74 and using the Contractor's inertial profiler (profiler). The Contractor's Profiler and Operator shall be certified according to CP 78. See CDOT's list of certified profilers and operators (https://www.codot.gov/business/designsupport/matgeo/pave- smooth-testing). The profiler's instrumentation shall be verified in accordance with CP 74 prior to measurements. The Contractor shall lay out a distance calibration site. The distance calibration site shall be located no more than 10 miles from the project limits. The distance calibration site shall be 1056.0 feet long and shall be on a relatively flat, straight section of pavement as approved by the Engineer. The site shall have a speed limit equal to the project's highest speed limit that allows for the profiler to operate uninterrupted. The limits of the site shall be clearly marked, and the distance shall be measured to an accuracy of +/- 1 inch. The Contractor shall provide in writing the site location to the Engineer. The cost of the distance calibration site will not be measured and paid for separately but shall be included in the work. The entire length of each through lane, climbing lane and passing lane including bridge approaches, bridge decks and intersections from the beginning to the end of the project shall be profiled in their planned final configuration and direction. Shoulders with a width of 12 feet or greater, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be profiled, but will not be subject to incentive adjustments. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for MRI and shall require corrective work if a 0.10 mile or fraction thereof section exceeds an MRI greater than 100.0 in/mile. The profile of the entire length of a lane shall be taken at one time. However, a lane profile may be broken into sections to accommodate project phasing. At the Pre- paying Conference, the Contractor shall submit a plan for breaking the project profiling into phases for approval by the Engineer. Shoulders less than 12 feet in width and medians will not be profiled and will not be subject to incentive adjustments. Shoulders less than 12 feet in width and medians constructed as part of the project shall be measured per subsection 105.07(a). Pavement 25 feet outside of a traffic circle and traffic circles will not be profiled and will not be subject to incentive adjustments. Traffic circles shall be measured per subsection 105.07(a). October 1, 2024 26 Revision of Section 105 — Control of Work A sufficient distance shall be deleted from the profile to allow the profiler to obtain the testing speed, plus a 300 -foot distance to stop and start when required. The distance deleted from a profile shall be minimized by reducing testing speed as necessary. Incentive adjustments will not be made for this area. The final surface of these areas shall be tested per subsection 105.07(a). The profile shall include transverse joints when pavement is placed on both sides of the joint. When pavement is placed on only one side of the joint, the profile shall start and stop 25 feet outside project paving limits. The section of pavement 25 feet outside the paving limits to 5 feet inside the paving limits will be evaluated per subsection 105.07(a) and will not be subject to incentive adjustments. The profile of the area 25 feet each side of every expansion joint, railroad crossing, cattle guard, bus pad, manhole, gutter pan and intersection (where there is a planned breakpoint in the profile grade line in the direction of traffic) shall be deleted from the profile before the MRI is determined. Incentive adjustments will not be made for these areas. Areas deleted from the profile shall be tested per subsection 105.07(a). The profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the MRI is determined. Incentive adjustments will not be made for this area. When both pavement and a bridge or bridge pavement are being constructed on the project, areas deleted from the profile shall be tested per subsection 105.07(a). Corrective work required in these areas will not be measured and paid for separately but shall be included in the work. For all other projects, the profile of the area 25 feet each side of the bridge deck shall be deleted from the profile before the MRI is determined. If the Engineer determines that corrective work is required in this area, payment will be made per subsection 109.04. The Contractor shall notify the Engineer in writing at least five working days in advance of their intention to perform SA testing. The Contractor shall profile the project within 14 days after the completion of paving operations. The Department will determine if Smoothness Verification Testing (SV) will be performed. If SV testing will be performed, it will be performed at the same time as the SA testing. The Engineer will witness the SA profiling. Within 24 hours after each profile is collected, the Contractor shall submit the data electronically along with an SA data submittal form to the Engineer and Inspector. October 1, 2024 27 Revision of Section 105 - Control of Work 2. Smoothness Testing Procedures. The Contractor shall mark the profiling limits and excluded areas. The Engineer will verify that the Contractor's marks are located properly. The Contractor shall use traffic cones with reflective tape or reflective tape on the pavement at the beginning and end of each lane for triggering the start and stop locations on the profiler and at any other location, where portions of the profile are being excluded. GPS triggering shall not be used. These locations shall be marked with temporary paint so that the final SA testing uses the same triggering locations. The ambient temperature shall be at least 34 °F for the profiler to operate. The Contractor shall clear the lanes to be tested of all debris before profiling. Each lane shall be profiled at least once. Profiling shall be at a constant speed (+/- 5 mph of the distance calibration speed) with a minimum speed of 15 mph and a maximum speed of 70 mph. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes, and deceleration lanes shall be profiled once. The profile shall be taken in the planned direction of travel. The left and right wheel paths shall be profiled simultaneously. Triggers for the start of the profile, the end of the profile, and the locations of each exclusion shall be collected during each run. The collected profiles shall be electronically submitted to the Department and Engineer to be analyzed using CP 74. The Department will determine an MRI for each 0.1 -mile section or fraction thereof of completed pavement. Sections will terminate at the beginning of an exclusion and a new section starts at the end of exclusion. The MRI consists of the left and right wheel path's profile passed through the International Roughness Index (IRI) filter. The IRI for the left and right wheel paths are averaged to determine MRI. The Contractor's SA test results will be available within ten working days of the completion of SA testing. The Engineer will give the Contractor a report that will include the lane profiled, the MRI in 0.1 -mile increments, and a summary of areas requiring corrective work. Areas requiring corrective work shall be addressed per 105.07(e) and the entire length of the lane(s) identified with corrective work shall be re -profiled and re -submitted as outlined in this section. Sections less than 0.005 miles in length shall not be subject to corrective work as specified by Table 105-13. Sections less than 0.005 miles in length shall be evaluated per subsection 105.07(a). (c) MRI Category D: For MRI Category D pavements, the following shall be used for acceptance: October 1, 2024 28 Revision of Section 105 - Control of Work An MRI for each 0.1 -mile section shall be determined on the original pavement surface prior to beginning the work in accordance with subsection 105.07(b) without exclusions. An MRI for each 0.1 -mile section shall be determined on the pavement surface after the work is complete in accordance with subsection 105.07(b) without exclusions. The original and final profile lengths shall have a difference in the length of each lane less than 0.2 percent. When the profile length difference exceeds 0.2 percent, the final testing shall be repeated. When a 0.1 -mile section has a final MRI greater than 92.0 inches/mile and the final MRI is greater than the MRI prior to performing the work, that 0.1 -mile section shall be corrected by a method approved in writing by the Engineer. Corrective work shall be such that the resulting final MRI is equal to or less than the initial MRI or 92.0 in/mile, whichever is greater. All costs associated with corrective work shall be at the Contractor's expense, including but not limited to traffic control, additional hot mix asphalt, grinding, and milling. When the Contractor fails to collect the profile of the original pavement surface prior to beginning the work, the final pavement surface will be evaluated for corrective work in accordance with the criteria for Category C pavement smoothness. Incentive adjustments for smoothness will not be made for MRI Category D. Pavements evaluated for MRI Category D that will be overlaid with a surface seal shall be evaluated for pavement smoothness prior to application of the surface seal (e.g., chip seal). (d) Acceptance and Incentive Adjustments. This Project does not have monetary incentive/disincentive payments associated with HMA or PCCP pavement smoothness. The Contractor shall still meet all requirements and conditions for the pavement smoothness category defined for the project. Final acceptance for pavement smoothness will be based on the MRI for each 0.1 - mile section or fraction thereof from the Contractor's initial SA testing. Those sections requiring corrective work indicated by the initial SA testing will be re- evaluated. October 1, 2024 29 Revision of Section 105 — Control of Work Table 105-11 — HMA Pavement Smoothness (Inches/Mile) Mean Roughness Index Smoothness Pavement Category Maximum Incentive Payment y (S/SY) men(VSY)No Incentive Payment Incentive Corrective Work (0.10 sections) Required mile A MRI ≤40.0 1= MRI 4.6933 >40.0 and - 0.0853* <55.0 MRI MRI ≥55.0and I = $1.28 MRI > 70.0 ≤ 70.0 B MRI ≤ 45.0 1= MRI 5.1200 > 45.0 and — 0.0853* < 60.0 MRI MRI ≥ 60.0 and I = $1.28 MRI > 75.0 ≤ 75.0 C MRI ≤ 50.0 1= MRI 3.66 > 50.0 and — 0.0853* < 65.0 MRI MRI ≥ 65.0 and MRI > 80.0 = $1.28 ≤ 80.0 Table 105-12 — PCCP Smoothness (Inches/Mile) Mean Roughness Index Smoothness Pavement Category Payment Maximum Incentive ($/SY) Incentive Payment (S/SY) No Incentive Corrective Work (0.10 sections) Required -mile '4 MRI ≤ 40.0 MRI > 40.0 and < 55.0 MRI ≥ 55.0 and I = $2.80 MRI > 70.0 I = 10.2670 — 0.1867 * MRI 70.0 B MRI ≤ 45.0 MRI > 45.0 and < 60.0 MRI ≥ 60.0 and MRI > 75.0 I = $2.80 I = 11.2000 — 0.1867 * MRI 75.0 C MRI ≤50.0 MRI >50.0and <65.0 MRI ≥65.0and ≤ MRI > 80.0 80.0 I = $2.80 1= 12.1330 - 0.1867* MRI Table 105-13 — Corrective Work Criteria (Inches/Mile) 0.005 to 0.010 Sections Mean Roughness Index Pavement Smoothness Category Corrective Work Required D = Section Length (miles) A MRI >106.84 — 368.42* D B MRI > 114.87 - 397.74 * D C MRI > 122.11 - 421.05 *D D (e) Corrective Work. The Department will analyze the initial and final SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in items 1-3 below. The Contractor shall provide a detailed method statement describing the corrective actions to be taken for the corrective work. Corrective work shall not be performed until the method statement has been approved in writing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the Department based on the SA testing. The criteria for determining if a 0.1 -mile section requires corrective work is specified in Table 105-11 or 105-12. The criteria for determining if a section less than 0.10 October 1, 2024 30 Revision of Section 105 — Control of Work miles in length and greater than 0.005 miles in length requires corrective work is specified in Table 105-13. Shoulders with a width of 12 feet or more, ramps, tapers, turn slots, acceleration lanes and deceleration lanes will be evaluated for MRI and shall require corrective work if a 0.10 -mile section exceeds an MRI greater than 100.0 in/mile. Sections greater than 0.005 mile, but less than 0.1 miles shall not exceed MRI = 152.63 — 526.32 * D, where D is section length in miles. Corrective work shall consist of diamond grinding, an approved overlay, or removal and replacement. Corrective work shall conform to of one of the following conditions: 1. HMA Removal and Replacement. The pavement requiring corrective work shall be removed, full width of the lane and the full thickness of the layer per subsection 202.09. Where pavement is to abut existing pavement, the existing pavement shall be removed to a neat vertical line, using a saw or other method as approved by the Engineer, to create a clean construction transvers joint (T -Joint). The contractor shall paint the edge with diluted emulsified asphalt (slow setting) prior to paving operations. The rate of application shall be as determined by the Engineer at the time of application. Contractor shall mill existing roadway to a minimum depth of 2 inches. The milling shall be a minimum of 2 feet wide or a greater width so that the joint will not fall within the intersecting travel lane wheel path. Replacement material shall be placed in sufficient quantity, so the finished surface conforms to grade and smoothness requirements. Sections removed and replaced shall be at least 0.20 miles in length. 2. HMA Overlay. The overlay shall cover the full width of the pavement including shoulders and adjacent lanes. Where pavement is to abut existing pavement, the existing pavement shall be removed to a neat vertical line, using a saw or other method as approved by the Engineer, to create a clean construction T - Joint. The contractor shall paint the edge with diluted emulsified asphalt (slow setting) prior to paving operations. The rate of application shall be as determined by the engineer at the time of application. Contractor shall mill existing roadway to a minimum depth of 2 inches. The milling shall be a minimum of 2 feet wide or a greater width so that the joint will not fall within the intersecting travel lane wheel path. All material shall be approved hot bituminous mixtures that meet all contract requirements. The overlay shall be placed so that the finished surface conforms to grade and smoothness requirements. The overlay area shall be compacted to the specified October 1, 2024 31 Revision of Section 105 — Control of Work density. The overlay thickness shall be equivalent to that of the final layer per the Contract. Sections overlaid shall be at least 0.20 miles in length. 3. Diamond Grinding. Grinding shall be performed using diamond blades mounted on a self-propelled machine designed for grinding and texturing pavement. The equipment shall include a grinding head and be of a size that will grind a strip at least 3 feet wide in a single pass. Grinding equipment that causes raveling, aggregate fractures or disturbance to the joints shall not be permitted. The equipment shall be maintained to ensure it is in proper working order, including the roundness of the match and depth of control wheels. Any wheels found to be out of round shall be immediately replaced. All grinding shall be parallel to the longitudinal joints. Adjacent passes shall be overlapped by a maximum of 2 inches. The grinding process shall produce a pavement surface that is true to grade and uniform in appearance. The grooves shall be evenly spaced. Any ridges on the outside edge next to the shoulder, auxiliary, or ramp lanes greater than 3/10 -inch high shall be feathered out to the satisfaction of the Engineer in a separate, feather pass operation. No adverse drainage conditions shall be caused by the grinding operations. Grinding shall not reduce planned pavement thickness by more than 0.3 inches. Diamond grinding shall be the full width of a wheel path. The wheel path is from the stripe to the center of the lane. The pavement surface after grinding shall have no depressions or misalignment of slope in the longitudinal direction exceeding 1/8 inch in 12 feet when measured with a 12 -foot straightedge placed parallel to the centerline. All areas of deviation shall be reground at no additional cost. The equipment shall have a positive means of vacuuming the grinding residue from the pavement surface, leaving the surface in a clean, near -dry condition. The slurry and residue resulting from the grinding operation shall not be allowed to flow across lanes occupied by the traffic and shall be continuously removed during the grinding operation, leaving the pavement in a clean condition. The Contractor shall haul the grinding residue to a suitable location at an approved location at no additional cost. Cores shall be taken to verify that minimum pavement thicknesses have been maintained. A minimum of one core shall be taken every 100 cumulative feet or fraction thereof per lane of diamond grinding, as directed by the Engineer. Coring shall be at the Contractor's expense. For HMA pavements, the entire ground area of the final pavement surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1 h at 0.1 gallons per October 1, 2024 32 Revision of Section 105 — Control of Work square yard of diluted emulsion; the emulsion shall be diluted with water at the rate of 50 percent water and 50 percent emulsion) when grinding is complete after corrective work has been completed. The tack coat shall not be measured and paid for separately but shall be included in the Work. When any grinding on concrete pavement occurs where a core for determining pavement thickness has been previously taken, another core shall be taken after the grinding has been completed and shall replace the original core in the calculation of pavement thickness incentive and disincentive. Joint sealant that has been damaged by grinding on concrete pavement shall be repaired or replaced at the Contractor's expense in accordance with Standard Plan M-412-1 and subsection 412.18. For PCCP, diamond ground surface texture will be considered acceptable when the average texture depth (ATD) of the panel is greater than 0.05 inch. The Contractor will perform surface texture testing in accordance with CP 77 Method B. Each area in a lane that required diamond grinding will be tested at least once. Areas in a lane with more than 500 continuous feet of grinding will be tested at a frequency of one test per 500 linear feet. Areas with deficient surface texture shall be diamond ground and retested. Final Smoothness Acceptance Testing. After the Contractor has completed the required corrective work, the Contractor shall retest the pavement per subsection 105.07(b). Final SA testing shall only be required on lanes with sections requiring corrective work. Final SA testing shall start and stop at the same locations as the Initial SA testing. If additional corrective work is required, the Contractor shall perform the corrective work and perform additional Final SA Testing. Time count will be charged pursuant to contract requirements during the time period required for all Final SA Testing. Delays associated with additional Final SA Testing will be considered non -excusable and non-compensable. The Contractor shall notify the Engineer by email at least 5 working days in advance of their intention to perform final SA testing. The Department will determine if Smoothness Verification Testing (SV) will be performed. If SV testing will be performed, it will be performed at the same time as the SA testing. The Initial SA and Final SA profile lengths shall have a difference in the length of each lane less than 0.2 percent. When the profile length difference exceeds 0.2 percent, the Final SA testing shall be repeated. Department Smoothness Verification Testing (SV). The Department may elect to perform smoothness verification testing using the Department's SV contractor's inertial profiler, with the methods described in subsection 105.07(b). The Engineer will notify the Contractor of the Department's intention to perform SV testing. The October 1, 2024 33 Revision of Section 105 — Control of Work Contractor shall coordinate with the Department and his profiler to schedule SA and SV to occur at the same time. The Department will randomly select scheduled Contractor Smoothness Acceptance Testing to verify. A minimum of 25 percent of each scheduled Contractor Smoothness Acceptance Testing by an individual profiler will be verified. The Engineer may also request verification for any Smoothness Acceptance Testing. The Contractor's SA test results will be compared to the Department's SV test results. The Contractor's SA test results will be considered acceptable and will be used for incentive payment if the following criteria are met: 1. The difference in MRI for a 1/10 -mile section is less than 6.1 inches/mile for a minimum of 90 percent of the 1/10 -mile sections for each lane. 2. The difference in average MRI for each lane is less than 6.1 inches/mile. 3. The difference in the length of each lane is less than 0.2 percent. When the Contractor's SA test results are not considered acceptable, the Department's SV test results will be used for incentive payment and the Contractor's profiler certification will be suspended and evaluated pursuant to CP 78. The Contractor shall schedule with the Department within 10 working days to perform this evaluation or the profiler will be required to be re -certified per CP 78. II S ubsection 105.08 shall be deleted and replaced with the following: 105.08 Document Management and Professional Engineer and Professional Land S urveyor 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 P DF. 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. 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 October 1, 2024 34 Revision of Section 105 — Control of Work 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 S ignature. An electronic seal is when a Contractor's Engineer, a Professional Engineer or a P rofessional 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 transaction identification number that can be used to view the final locked and signed document online. The Contractor shall submit as -built plans using the template provided by the Engineer. S ubsection 105.09 shall be deleted and replaced with the following: 105.09 Coordination of Plans, Specifications, Supplemental Specifications, and S pecial Provisions. These specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In the event of a discrepancy, the order of precedence is as follows: (a) Contract Documents including Exhibits, Addenda, and Appendices (b) Special Provisions 1. Weld County Special Provisions 2. Weld County Conformed Standard Special Revisions to CDOT's Standard Specifications for Road and Bridge Construction (Latest Edition) 3. CDOT Project Special Provisions 4. CDOT Standard Special Provisions 5. CDOT Field Materials Manual (Latest Edition) (c) CDOT Standard Specifications (d) Plans 1. Detailed Plans October 1, 2024 35 Revision of Section 105 - Control of Work 2. Standard Plans 3. Calculated dimensions will govern over scaled dimensions. (e) CDOT Construction Manual (Latest Edition) Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply. Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the right to determine, in its sole discretion, which requirement(s) apply. The Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict. The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract. If the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, the Contractor shall not be relieved from performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed. Subsection 105.10 shall be deleted and replaced with the following: 105.10 Cooperation by Contractor. The Contractor shall give the work the constant attention necessary to facilitate progress and shall cooperate with the Engineer, inspectors, and other contractors. The Contractor shall be responsible for providing agendas, attendance lists, and meeting minutes for all meetings including but not limited to weekly progress meetings, pre - construction meetings, pre -pour meetings, pre -pave meetings, pre -environmental meetings, etc. Sample meeting agendas are provided in CDOT's Construction Manual. The sample meeting agendas shall be modified as necessary to contain project specific information. October 1, 2024 36 Revision of Section 105 — Control of Work The Contractor shall provide copies of the meeting agendas to the Engineer a minimum of 24 hours before the meeting for review. During the meeting, the Contractor shall lead the meeting, take attendance, and take meeting minutes. Meeting minutes shall be generated by the Contractor and shall be provided to the Engineer within 72 hours for review and acceptance. The Contractor shall have on the project, at all times that work is being performed, a competent Project Manager and a Superintendent capable of reading and understanding the contract documents and experienced in the type of work being performed. The Project Manager and Superintendent shall not be the same individual unless approved in writing by the Engineer. The Project Manager and Superintendent will receive instructions from the Engineer and shall be authorized to act for the Contractor on the project and to execute orders or directions of the Engineer without delay. The Project Manager and S uperintendent shall promptly supply, irrespective of the amount of work sublet, materials, equipment, tools, labor, and incidentals to complete the Contract. Failure to provide a full-time competent Project Manager and a Superintendent with the authorization to act for the Contractor on the project shall result in pay reductions as outlined in Section 108.12 being applied. Furthermore, failure to provide a full-time competent Project Manager and a Superintendent shall be grounds for suspension of the P roject until such time as a full-time competent Project Manager and Superintendent is provided by the Contractor. The Engineer shall have the sole discretion of determining when/if to assess the payment deduction. The payment deduction shall be documented on a Form 105, Speed Memo. Contract time will continue in the event of a work suspension caused by lack of furnishing a full-time competent Project Manager and a Superintendent that is satisfactory to the County. When the County issues a Speed Memo (Form 105), Minor Contract Revision (Form 94), or a Change Modification Order (Form 90), the Contractor shall return a signed version of the form within 10 calendar days. Failure to provide the signed form(s) to the Engineer shall result in the assessment of pay reductions as outlined in Subsection 108.12. S ubsection 105.11, paragraph 4 shall be deleted and replaced with the following: If utility facilities or appurtenances are found that are neither identified in the Contract, nor revealed by site investigation, the Engineer will determine whether adjustment or relocation of the utility is necessary. The Engineer will make arrangements with either the utility owner or the Contractor to accomplish necessary adjustments or relocations when not otherwise provided for in the Contract. Per subsection 104.02(x)(5, 7, 8, and 9), the discovery of unknown utility facilities or appurtenances shall not be entitled to a Change Order for Differing Site Conditions. Extra work may be considered for payment per subsection 104.03 only with the written approval of the Engineer. Consideration for additional contract time will be considered by the Engineer on a case -by -case basis. S ubsection 105.12, paragraph 1 shall be deleted and replaced with the following: October 1, 2024 37 Revision of Section 105 — Control of Work The Contractor shall be responsible for managing all subcontractors, subcontractors of a subcontractor, all subsequent tiers. Failure to manage the subcontractors shall result in a stoppage of work and the assessment of liquidated damages in accordance with S ection 108.09 of these Specifications, at the discretion of the Engineer. Working time shall not cease but shall continue. No additional time will be granted for a stoppage of work. If the Contractor fails to meet the specified completion date or milestone date, additional liquidated damages will apply. S ubsection 105.21(b) shall be deleted and replaced with the following: (a) Final Acceptance. At Substantial Completion, the Engineer will make an inspection of the project with the Contractor. The result of the inspection will be a punch list of outstanding items that have to be corrected and completed withing the time frame indicated on the Notice of Substantial Completion. The punchlist will include the remaining documentation items that shall be submitted for review and acceptance by the Engineer prior to Final Acceptance. Upon notice from the Contractor of completion of the Substantial Completion punchlist, the Engineer will make an inspection to verify the punchlist items have been addressed. If the work provided for by the Contract has been satisfactorily completed, that inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing of final acceptance indicating the date on which the project was inspected and accepted. Upon reviewing and accepting the remaining documentation and with no other outstanding issues, the Engineer will initiate the final advertisement process utilized by the County's Purchasing Department. The final advertisement process involves placing an advertisement in a newspaper of general circulation a minimum of two times at least 10 days apart. A newspaper of general circulation is defined as a newspaper which is published daily, triweekly, semiweekly, or weekly and is printed or published in whole or in part in the county in which such notice or advertisement is required to be published. The advertisement shall include the final cutoff date for any protests from subcontractors or suppliers and the date of anticipated final payment to the Contractor. No retainage release will be made until the final advertisement period has been completed and all issues that have arisen during the final advertisement period have been resolved. Final acceptance under this subsection does not waive any legal rights contained in subsection 107.21. S ubsection 105.22 shall be deleted and replaced with the following: 105.22 Dispute Resolution. CDOT shall not participate in the resolution process for any claims filed by the Contractor. Weld County shall be the responsible party to such claims. S ubsections 105.22, 105.23, and 105.24 detail the process through which the parties October 1, 2024 38 Revision of Section 105 — Control of Work (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. The intent of the process is to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday or holiday, the time frame shall be extended to the next scheduled workday. An issue is a disagreement concerning contract price, time, interpretation of the Contract, or all three between the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, a disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. The Contractor shall bring all issue(s) to the Project Engineer's attention, in writing, within 30 days of the Contractor being aware of the issue(s). Written notice must take the form of a stand-alone, non -chain e-mail or letter, addressed and delivered to the Project Engineer. If a Contractor provides written notice outside of the 30 -day deadline, it shall be presumed that Weld County suffered prejudice. Where the Contractor failed to provide the required notice, the failure to provide notice may be treated as a separate and threshold dispute to be resolved before other related disputes(s) are submitted, addressed, and/or resolved. A dispute is an issue which the Contractor and Weld County have not been able to resolve and for which the Contractor submits a written formal notice of dispute per subsection 105.22(b). A claim is a dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation. The term "merit" refers to the right of a party to recover on a claim or dispute, irrespective of quantum, based on the substance, elements, and grounds of that claim or dispute. The term "quantum" refers to the quantity or amount of compensation or time deserved when a claim or dispute is found to have merit. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. Review of a pass -through dispute does not create privity of Contract between Weld County and the subcontractor. An audit may be performed by the Department for any dispute or claim. All audits will be completed within 90 days of the request for an audit, provided the Contractor allows the auditors reasonable and timely access to the contractor's books and records. October 1, 2024 39 Revision of Section 105 — Control of Work If Weld County does not respond within the specified timelines, the Contractor may advance the dispute to the next level. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety before initiation of litigation or arbitration. Failure to comply with the requirements set forth in this subsection, including notice requirements, shall bar either party from any further administrative, equitable, or legal remedies. Subject to the rebuttable presumption of prejudice to Weld County set forth above, if a deadline is missed that does not prejudice either party, further relief shall be allowed. All written notices of dispute shall be submitted within 30 days of date of the Project Engineer's Final Acceptance letter; see subsection 105.21(b). When a project has a landscape maintenance period, the Project Engineer may grant partial acceptance per subsection 105.21(a). This partial acceptance will be project acceptance of all the construction work performed before this partial acceptance. All disputes and claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer's partial acceptance. Should the Contractor's dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part, and/or some of its costs were unreasonable and/or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating damages shall not be available for any disputes or claims seeking damages where the Contractor could have kept separate cost records at the time the dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each dispute for a period of at least three years after the date of final payment or until dispute is resolved, whichever is more. The Contractor, subcontractors, and lower tier subcontractors shall provide adequate facilities, acceptable to the Engineer, for an audit during normal business hours. The Contractor shall permit the Engineer or Department auditor to examine and copy those records and all other records required by the Engineer to determine the facts or contentions involved in the dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. October 1, 2024 40 Revision of Section 105 — Control of Work Throughout the dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, per the following procedures: (1) Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. (2) On the first workday of each week following the date of the written notice of dispute, the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present his records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three workdays of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the dispute resolution process, the Contractor shall provide a written notice of dispute to the Project Engineer upon the failure of the Parties to resolve the issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the dispute. (2) The nature of the circumstances which caused the dispute. (3) A detailed explanation of the dispute citing specific provisions of the Contract and any basis, legal or factual, which support the dispute. (4) If any, the estimated quantum, calculated per methods set forth in subsection 105.24(b)12., with supporting documentation. (5) An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. This analysis shall meet the requirements of subsection 108.08(d). The Contractor shall submit as much information on the quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the dispute October 1, 2024 41 Revision of Section 105 — Control of Work escalates to the DRB process, neither party shall provide or present to the DRB any issue or any information that was not contained in the REA and fully submitted in writing to the Project Engineer and Resident Engineer during the subsection 105.22 process. (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the Contractor to discuss the merits of the dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the merits of the dispute. The Project Engineer will either deny the merits of the dispute or notify the Contractor that the dispute has merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the dispute is determined to have merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented per subsections 106.05, 108.08, 109.04, 109.05 or 109.10 and the dispute is resolved. If the Contractor accepts the Project Engineer's denial of the merits of the dispute, the dispute is resolved, and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed the Contractor has accepted the denial. If the Contractor rejects the Project Engineer's denial of the merits of the dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the dispute by presenting the dispute to the Dispute Review Board per subsection 105.23. S ubsection 105.23 shall be amended as follows: Delete all references to CDOT and replace with Weld County. S ubsection 105.23(b)(1) shall be deleted and replaced with the following: CDOT in conjunction with the Colorado Contractors Association, maintains a statewide list of pre -approved DRB candidates experienced in construction processes and the interpretation of contract documents and the resolution of construction disputes. Weld County will utilize this list during the DRB process. Only individuals who have completed training (currently titled DRB Administration and Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by Weld County can be a DRB member. DRB nominees shall be selected from the list of pre -approved candidates. When a DRB is formed, the parties shall execute the agreement set forth in subsection 105.23(1). S ubsection 105.23(1) shall be deleted and replaced with the following: October 1, 2024 42 Revision of Section 105 — Control of Work 0) Dispute Review Board Recommendation. The DRB shall issue a Recommendation per the following procedures: 1. The DRB shall not make a recommendation on the dispute at the meeting. Before the closure of the hearing, the DRB members and the Contractor and Weld County together will discuss the time needed for analysis and review of the dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three member DRB where one member dissents, that member shall prepare awritten dissent and sign it. The DRB's recommendation shall include the following: A. A summary of the issues and factual evidence presented by the Contractor and Weld County concerning the dispute. B. Recommendations concerning the validity of the dispute. C. Recommendations concerning the value of the dispute as to cost impacts if the dispute is determined to be valid. D. The contractual and factual bases supporting the recommendation(s) made including an explanation as to why each and every position was accepted or rejected. E Detailed and supportable calculations which support any recommendation(s). 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. Subsection 105.24 shall be deleted and replaced with the following: 105.24 Claims for Unresolved Disputes. The Contractor may file a claim only if the disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the dispute. Other methods of nonbinding dispute resolution, exclusive of litigation, can be used if agreed to by both parties. This subsection applies to any unresolved dispute or set of disputes between Weld County and the Contractor with an aggregate value of more than $15,000. Unresolved disputes with an aggregate value of more than $15,000 from subcontractors, materials suppliers or any other entity not a party to the Contract shall be submitted through the Contractor per this subsection as a pass -through claim. Review of a pass -through claim does not create privity of Contract between Weld County and any other entity. October 1, 2024 43 Revision of Section 105 - Control of Work Subsections 105.22, 105.23 and 105.24 provide both contractual alternative dispute resolution processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes (CRS) which must be exhausted in their entirety. Litigation proceedings must commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Non -binding Forms of alternative dispute resolution such as Mediation are available upon mutual agreement of the parties for all claims submitted per this subsection. The cost of the non -binding ADR process shall be shared equally by both parties with each party bearing its own preparation costs. The type of nonbinding ADR process shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that litigation proceedings must commence within 180 - calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued per subsection 105.23, the Contractor shall provide the Director of Public Works (Director) or the Director's designated representative with a written notice of intent to file a claim. The Contractor shall also send a copy of this notice to the Engineer. Weld County will acknowledge in writing receipt of Notice of Intent within seven days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a claim, the Contractor shall submit, to the Director or the Director's designated representative five copies of a complete claim package representing the final position the Contractor wishes to have considered. All claims shall be in writing and in sufficient detail to enable the Director to ascertain the basis and amount of claim. The claim package shall include all documents supporting the claim, regardless of whether such documents were provided previously to Weld County. If requested by the Contractor, the 60 -day period may be extended by the Director in writing before final acceptance. At a minimum, the following information shall accompany each claim: 1. A claim certification containing the following language, as appropriate: A. For a direct claim by the Contractor: October 1, 2024 44 Revision of Section 105 - Control of Work CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned,(name) (title) , of (company) , hereby certifies that the claim of $ for extra compensation and days additional time made for work on this Contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This claim package contains all available documents that support the claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this _ day of , 20 . NOTARY PUBLIC My Commission Expires: October 1, 2024 45 Revision of Section 105 — Control of Work B. For a pass -through claim: PASS -THROUGH CLAIM CERTIFICATION U nder penalty of law for perjury or falsification, the undersigned, (name) (title) , of (company) I hereby certifies that the claim of $ for extra compensation and Days additional time made for work on this Project is true to the best of my knowledge and belief and supported under the Contract between the parties. This claim package contains all available documents that support the claims made and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /sl S ubscribed and sworn before me this day of 20 • NOTARY PUBLIC My Commission Expires: Dated /s/ The Contractor certifies that the claim being passed through to Weld County is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ S ubscribed and sworn before me this day of , 20 . NOTARY PUBLIC My Commission Expires: 2. A detailed factual statement of the claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the claim. The Contractor's detailed factual statement shall expressly describe the basis of the claim and factual evidence supporting the claim. This requirement is not satisfied by simply incorporating into the claim package other documents that describe the basis of the claim and supporting factual evidence. 3. The date on which facts were discovered which gave rise to the claim. October 1, 2024 46 Revision of Section 105 — Control of Work 4. The name, title, and activity of all known Weld County, Consultant, and other individuals who may be knowledgeable about facts giving rise to such claim. 5. The name, title, and activity of all known Contractor, subcontractor, supplier, and other individuals who may be knowledgeable about facts giving rise to such claim. 6. The specific provisions of the Contract, which support the claim and a statement of the reasons why such provisions support the claim. 7. If the claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the claim. 9. Copies of all known documents that support the claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required by subsection 108.08(d). 12. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories: A. These categories represent the only costs that, if applicable, are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor. (2) Costs for additional bond, insurance, and tax. (3) Increased costs for materials. (4) Equipment costs calculated per subsection 109.04(c) for Contractor owned equipment and based on certified invoice costs for rented equipment. (5) Costs of extended job site overhead (only applies if the dispute also includes a time extension). October 1, 2024 47 Revision of Section 105 - Control of Work (6) Salaried employees assigned to the project (only applies if the dispute also includes a time extension or if the dispute required salaried employee(s) to be added to the Project). (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified is required for all such claims). (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid per CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim. B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.A.(8) above. (2) Loss of Profit. (3) Additional cost of labor inefficiencies in excess of that provided in A. above. (4) Home office overhead in excess of that provided in A. above. (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency. (6) Indirect costs or expenses of any nature in excess of that provided in A. above. (7) Attorney's fees, claim preparation fees, and expert fees. (c) County Engineer's Decision. When the Contractor properly files a claim, the County Engineer will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in part, per the following procedure. The County Engineer may consolidate all related claims on a project and issue one decision, provided that consolidation does not extend the time period within which the County Engineer is to render a decision. Consolidation of unrelated claims will not be made. The County Engineer will render a written decision to the Contractor within 90 days after the receipt of the claim package or receipt of the audit whichever is later. In rendering the decision, the County Engineer: October 1, 2024 48 Revision of Section 105 — Control of Work (1) will review the information in the Contractor's claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision. The County Engineer will assemble and maintain a claim record comprised of all information physically submitted by the Contractor in support of the claim and all other discoverable information considered by the County Engineer in reaching a decision. Once the County Engineer assembles the claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. The County Engineer will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the Director in reaching a decision and the basis for that decision. If the County Engineer fails to render a written decision within the 60 -day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the claim, or (2) appeal the claim to the Director, as described in this subsection. If the Contractor accepts the County Engineer's decision, the provisions of the decision shall be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the County Engineer's decision, the Contractor shall either: (1) accept the County Engineer's decision as final, or (2) file a written appeal to the Director within 30 days from the receipt of the County Engineer's decision. The Contractor hereby agrees that if a written appeal is not properly filed, the County Engineer's decision is final. (d) Director's Decision. When a claim is appealed, the County Engineer will provide the claim record to the Director. Within 15 days of the appeal either party may submit a written request for a hearing with the Director or duly authorized delegate. The Director or duly authorized delegate will review the claim and render a decision to affirm, overrule, or modify the County Engineer's decision per the following: The Director will render a written decision within 60 days after receiving the written appeal. The Director will not consider any information that was not previously made a part of the claim record, other than clarification and data supporting previously submitted documentation. October 1, 2024 49 Revision of Section 105 — Control of Work The Contractor shall have 30 days to accept or reject the Director's decision. The Contractor shall notify the Director of its acceptance or rejection in writing. If the Contractor accepts the Director's decision, the provisions of the decision will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the claim is resolved. If the Contractor disagrees with the Director's decision, the Contractor shall either: (1) pursue an alternative dispute resolution process per this specification, or (2) initiate litigation per subsection 105.24(e). If the Director does not issue a decision as required, the Contractor may immediately initiate either litigation per subsection 105.24(e). For the convenience of the parties to the Contract it is mutually agreed by the parties that any De Novo litigation shall be brought within 180 -calendar days from the date of the Director's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. (e) De Novo Litigation. If the Contractor disagrees with the Director's decision, the Contractor may initiate de novo litigation to finally resolve the claim that the Contractor submitted to Weld County. Such litigation shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined. This does not preclude the joining in one litigation of multiple claims from the same project provided that each claim has gone through the dispute and claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or Weld County at any stage of the claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation or arbitration. If the Contractor selected litigation, then de novo litigation shall proceed per the Colorado Rules of Civil Procedure and the proper venue is the Weld County District Court in and for Weld County, unless both parties agree to the use of arbitration. If the Contractor selected non -binding arbitration, or if both parties subsequently agreed to merit binding arbitration, arbitration shall be governed by the modified version of Arbitration Provider's Construction Industry Arbitration Rules which follow. Pursuant to the modified arbitration rules (R35 through R39), the arbitrators shall October 1, 2024 50 Revision of Section 105 — Control of Work issue a decision with regard to entitlement and a non -binding decision with regard to quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Weld County District Court with regard to quantum only. Figure 105-1 provides a summary of the disputes and claims process described in subsections 105.22, 105.23, and 105.24. October 1, 2024 51 Revision of Section 105 - Control of Work Figure 105-1 DISPUTES AND CLAIMS FLOW CHART (Note: If an audit is to be performed, durations in this flow chart are extended accordingly) 105.22 Project Issue — Verbal discussions between Project Engineer & Superintendent Contractor provides written notice of dispute to Project Engineer 4,15 Days - 105.22(b) Contractor provides written REA including the following: i ) Date of dispute (2) Nature of order and circumstances causing dispute (3) Contract provisions supporting dispute. (4) Estimated cost of dispute with supporting documentation (5) Analysis of progress schedule and disruption, if any. +15 Days - 105.22(c) Project Engineer and Contractor discuss merit of dispute. i PE denies merit of dispute. T *7 days - 105.22(c) PE determines dispute has merit. Contractor rejects PE's denial. 5 days - 105.23(a) 7 days - 105.22(c) Contractor accepts denial. Dispute is resolved. Merit granted - Quantum negotiations. 30 Days - 105.22 (c) Disagree on quantum. Dispute remains unresolved and PE initiates DRB process 1 5 days - 105.23(a) DRB agreement signed. Prehearing Submittal 30 days - 105.23(e) 10 days - 105.23(f) DRB Hearing i T Adjustment of payment/schedule in consultation with Program Engineer - Dispute is resolved. 30 days - 105.23(1) ►I DRB renders a recommendation. Request for Clarification and Reconsideration 1,14 days - 105.23(k) Either party rejects DRB recommendation 10 days - 105.23(j) DRB recommendation is accepted. Figure 105-1 continued on next page October 1, 2024 52 Revision of Section 105 - Control of Work Figure 105-1 c onti nu e IEither party rejects ORB 30 days — 105.24(a) 105.23 Notice of intent to file a claim Bo days— 105.210) Adjustment of payment/schedule in consultation with Program Engineer — Dispute Resolved Contractor submits certified claim package i th County Engineer. I90 days —105.24(c) Csty Eng renders a decision. _ Contractor accepts. 30 days -105.24(c) Contractor rejects and appeals Cty En !q decision to Director. sa days 105.24(d) Decision is implemented. 15 days - 105.24(d) Request for hearing. Director renders decision. 45 days 105.24(d) Contractor rejects Director decision. 30 days — 105.24(d) Contractor accepts Director decision. Contractor rejects and appeals Director decision and i ntiates 1 _ Cie Novo Litigation Decision is implemented. Litigation Court Decision End of Section October 1, 2024 1 Revision of Section 107 - Legal Relations and Responsibility to Public Section 107 of the Standard Specifications is hereby revised for the project as follows: Subsection 107.02 shall be deleted and replaced with include the following: 107.02 Permits, Licenses, and Taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and applicable taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. Before beginning work, the Contractor shall furnish the Engineer a written list of all permits required for the proper completion of the Contract. The list shall clearly identify the type of permit or permits that must be obtained before work on any particular phase or phases of work can be started. Copies of the fully executed permits shall be furnished to the Engineer prior to the start of construction. Before beginning work, a Zoning Permit for a Manufactured Home (ZPMH) shall be applied for and obtained from the Weld County Department of Planning and Zoning when there are to be trailers or shipping containers used as field offices on the project site. A building permit shall be obtained from the Weld County Building Department for any electrical connection to the office trailer or shipping container regardless of the electrical connection type. All costs associated with obtaining the required permits shall be incidental to the Work. When the project has more than 10,000 cubic yards of material (unclassified excavation, muck, topsoil, etc.) that is to be removed and transported out of the project limits, the Contractor shall obtain a mining permit (111 Special Operations Permit) from the Colorado Division of Reclamation, Mining, and Safety (DBMS) prior to the removal of any material out of the project area. The Contractor shall provide the County with a copy of the approved permit from DBMS. The Contractor shall be responsible for all bonds and fees required to obtain and maintain the DRMS permit. Subsection 107.06 shall be revised to include the following before subsection 107.06(a): 107.06 Safety, Health, and Sanitation Provisions. The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended). All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements. In subsection 107.16(a), delete references to "CDOT" and replace with "Weld County". October 1, 2024 2 Revision of Section 107 — Legal Relations and Responsibility to Public In subsection 107.16(a)(5), delete references to "CDOT" and replace with "Weld County, CO, its elected officials, and its employees". S ubsection 107.16(b) shall be deleted and replaced with the following: The insurance certificates shall name "Weld County, Colorado, its officers, its employees, and CDOT" as an additional insured party. Depending upon the funding source, it may be necessary to include additional insured parties. Completed operations additional insured coverage shall be on endorsements CG 2010 11/85, CG 2037, or equivalent. Coverage required of the Contract will be primary over any insurance or self- insurance program carried by Weld County. In subsections 105.16(d through g), delete references to "CDOT" and replace with "Weld County". S ubsection 107.18 shall be deleted and replaced with the following: 107.18 Contractor's Responsibility for Work. When working in a drainageway, the Contractor shall assess and understand the risk of working within drainageways. Such risks include but are not limited to floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible for constructing and maintaining all temporary facilities within the drainageway such as dewatering, cofferdams, and diversion of channel flows. S uch work shall be subsidiary to other items of work. The Contractor shall be responsible for and protect the contract work against injury or damage from all causes whether arising from the execution or nonexecution of the work, including but not limited to action of the elements, traffic, fire, theft, vandalism, or third party negligence, until final written acceptance of the project by the Engineer. The Contractor shall rebuild, repair, restore, or replace all contract work that is injured or damaged before final written acceptance at no cost to the Department. The Engineer may, in writing, relieve the Contractor of expenses for damage to certain portions of the contract work caused by traffic or the action of the elements. The following conditions must be met before the Engineer will consider any relief: (1) All work on the portion of contract work being considered must be complete under terms of the Contract except for seeding, mulching, landscape items, final clean-up, and bridge painting or structural coating. (2) Traffic shall be in its final configuration and location. Portions of contract work that may be considered are described below: October 1, 2024 3 Revision of Section 107 — Legal Relations and Responsibility to Public (1) A minimum of 0.5 mile of roadway, or a minimum of 0.5 mile of one direction of a divided highway. (2) A complete bridge. This includes all approach roadway safety features that protect traffic from such items as: bridge railing and median barrier ends, piers, and abutments. (3) A complete intersection traffic signal system. (4) A complete highway lighting system. Loss, injury, or damage to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as flood, earthquake, tornado, or other cataclysmic phenomenon or nature shall be restored by the Contractor at no cost to Weld County. During periods that work is suspended, the Contractor shall be responsible for the work under the Contract and shall prevent damage to the project, provide for drainage, and shall erect necessary temporary structures, signs, or other facilities required to maintain the project. During the suspension period, the Contractor shall maintain in a growing condition all newly established plantings, seedings, and soddings furnished under the Contract, and shall protect new tree growth and other vegetative growth against injury. Subsection 107.20 shall be deleted and replaced with the following: 107.20 Furnishing Right of Way. The Department will be responsible for the securing of all necessary rights of way in advance of construction. Any exceptions will be indicated in the Contract. The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles, or park any construction equipment or vehicles on private property. The Contractor shall conduct their work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the County right-of-way, the Contractor shall obtain a right-of-way permit from the Weld County Department of Public Works Right -of -Way Permitting Technician, 970-304-6496. The Contractor's attention is directed to this subsection: Subsection 107.26, shall be deleted and replaced with the following: 107.26 Water Quality Control. The requirements of this subsection shall be strictly enforced. The project work shall be performed using practices that minimize water pollution during construction. All the practices listed in (b) below shall be followed to minimize the pollution of any State waters, including wetlands. October 1, 2024 4 Revision of Section 107 - Legal Relations and Responsibility to Public (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 Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP). The LOC is typically the same as the construction site boundary or project limits. 3. Discharge of Pollutants. One or more pollutants leaving the 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 OCR 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. 8. Owner. The party that has overall control of the activities and that has funded the implementation of the construction plans and specifications. This is the party with ownership of, a long term lease of, or easements on the property on which the construction activity is occurring (e.g., Weld County). 9. Operator. The party that has operational control over day-to-day activities at a project site which are necessary to ensure compliance with the permit. This party is authorized to direct individuals at a site to carry out activities required by the CDPS-SCP (Contractor). 10. Construction Activities Associated with Water Quality. Per the CDPS-SCP, construction activities are defined as ground surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. (b) Construction Requirements. October 1, 2024 5 Revision of Section 107 — Legal Relations and Responsibility to Public 1. 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. 2. If the Contractor determines construction of the project will result in a change to the permitted activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Within five days after receipt of the report, the Engineer will approve or reject in writing the request for change or detail a course of action including revision of existing permits or obtaining new permits. 3. 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 specific 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-WQCD) or other appropriate federal, state, or local agency to determine the need for any permit. 4. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters. Erosion control work shall be performed per Section 208, this subsection, and all other applicable parts of the Contract. 5. Before the Environmental Pre -construction Conference, the SWMP Administrator, identified in subsection 208.03(c), 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, if found to have such potential: (1) All exposed and stored soils. (2) Vehicle tracking of sediments. October 1, 2024 6 Revision of Section 107 — Legal Relations and Responsibility to Public (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 and masonry equipment wash water, including byproducts from the concrete truck chute and associated fixtures and equipment. (11) Concrete placement and finishing tool cleaning. (12) Non -industrial waste sources that maybe significant, such as worker trash and portable toilets. (13) Loading and unloading operations. (14) Reclaimed and potable water used in construction activities, including water used as a dust palliative. (15) Other areas or procedures where spills could occur. The SWMP Administrator shall record the location of potential pollutants on the site map. Descriptions of the potential pollutants shall be added to the SWMP. At or before the Environmental Pre -construction Conference, 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 subsection 208.06(c) for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. 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 October 1, 2024 7 Revision of Section 107 — Legal Relations and Responsibility to Public S is responsible for administering and enforcing the SPCC plan requirements in Colorado. Before start of work, the Contractor shall submit a SPCC Form which has been approved by the EPA for the project. 6. 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 per Section 250. 7. 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 before 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: i. 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. ii. 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. iii. The groundwater discharge does not leave the LOC where construction is occurring. iv. Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance October 1, 2024 8 Revision of Section 107 — Legal Relations and Responsibility to Public systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. v. 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. vi. A visible sheen is not evident in the discharge. vii. Control measures are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. viii. 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 SWMP Administrator. (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. October 1, 2024 9 Revision of Section 107 — Legal Relations and Responsibility to Public 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. 8. At least 15 days before 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. 9. Temporary fill into wetlands or streams will 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 floodplains unless otherwise specified in the Contract. 10. 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 will be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. 11. 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. 12. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill 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 10 days before the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. October 1, 2024 10 Revision of Section 107 — Legal Relations and Responsibility to Public The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be per the manufacturer's recommended application rates, frequency, and instructions. 13. 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. 14. Spill prevention and containment measures conforming to subsection 208.06 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. 15. The Contractor shall prevent construction activities from causing grass or brush fires. 16. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. 17. Before start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned before 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 before being brought onto the project site. 18. Vehicles which have been certified by the Contractor as having been cleaned before 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. 19. At the end of each day, the Contractor shall collect all trash and dispose of it in appropriate containers. 20. 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. 21. If the project area is covered by a CDPS-SCP, permittees are authorized to discharge stormwater associated with construction activity and specified non- stormwater associated with construction activity to State waters. October 1, 2024 11 Revision of Section 107 - Legal Relations and Responsibility to Public A. Allowable Stormwater Discharges: (1) Stormwater discharges associated with construction activity. (2) Stormwater discharges associated with producing earthen materials, such as soils, sand, and gravel dedicated to providing material to a single contiguous site, or within Y4 mile of a construction site (i.e., borrow or fill areas). (3) Stormwater discharges associated with dedicated asphalt, concrete batch plants and masonry mixing stations. (Coverage under the CDPS-SCP is not required if alternative coverage has been obtained.) B. Allowable Non-Stormwater Discharges if identified in the SWMP with appropriate control measures: (1) Discharges from uncontaminated springs that do not originate from an area of land disturbance. (2) Discharges to the ground of concrete and masonry washout water associated with the washing of concrete and masonry tools and concrete mixer chutes. Discharges of concrete and masonry washout water shall not leave the site as surface runoff or reach receiving waters. (3) Discharges of landscape irrigation return flow. (4) Discharges to the ground of water used to wash vehicles, equipment, and external buildings. Wash waters with added soaps, solvents, and detergents shall be contained and disposed of properly. (5) Discharges resulting from emergency firefighting activities. Discharges authorized by the CDPS-SCP 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. All construction site wastes shall be properly managed to prevent potential pollution of State waters. The CDPS-SCP does not authorize on -site waste disposal. October 1, 2024 12 Revision of Section 107 — Legal Relations and Responsibility to Public 22. The Contractor shall reclaim pollutants that discharge outside of the LOC. If discharging outside CDOT ROW, the Contractor shall coordinate access with the Project Engineer. (c) Stormwater Construction Permit. If the area of disturbance is greater than one acre, the Colorado Discharge Permit System Stormwater Construction Permit (CDPS- SCP) shall be obtained by the Contractor. The Contractor and Weld County will be co-permittees. The Contractor shall coordinate with Weld County to become the Operator permittee of the respective CDPS-SCP upon award of the Contract. The Contractor shall provide a copy of the CDPS-SCP certification as the Operator to the Engineer before or at the Environmental Pre -construction Conference. No work shall begin until the CDPS-SCP permit with Owner and Operator has been approved by CDPHE. A copy of the CDPS-SCP shall be placed in the project SWMP. The Contractor shall be responsible for complying with the applicable requirements of the CDPS-SCP. After the Contractor has completed the construction but before the final acceptance is issued by the County, arrangements shall be made to transfer the permit from the Contractor to the County. Before the transfer of the permit to the County, the Contractor shall ensure that the SWMP is complete and up to date. CDPHE-WQCD may require sampling and testing, on a case -by case basis. If CDPHE-WQCD requires sampling and testing, the CDPHE-WQCD will send a n otification to the permittee. Reporting procedures for any monitoring data collected will be included in the CDPHE-WQCD's notification. If monitoring is required, the following applies: 1. The thirty (30) day average must be determined by the arithmetic mean of all samples collected during a 30 day consecutive period; and 2. A grab sample, for monitoring requirements, is a single "dip and take" sample. The Contractor shall provide a SWMP Administrator for this project. The Contractor is legally required to obtain all other permits associated with specific activities within or outside of the right of way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. Staging areas within a quarter mile, but not within Weld County right of way shall be considered a common plan of development and permits for these facilities require permitting in the Contractor's n ame as Owner and Operator. These permits include local agency, federal, or other stormwater permits. The Contractor shall consult with the Engineer and contact the CDPHE-WQCD or other appropriate federal, state, or local agency to determine the n eed for any permit. When a Utility Company has obtained a CDPS-SCP within a Weld County project area, before the Contractor being on -site, the Contractor shall coordinate with the October 1, 2024 13 Revision of Section 107 - Legal Relations and Responsibility to Public Engineer and the Utility Company to transfer or reassign the permit area within the project's Limits of Construction to the Contractor and Weld County before work commencing. The Contractor shall not commence construction until CDPHE-WQCD issues a new CDPS-SCP identifying the Contractor as the Operator, and the permit is put in the SWMP. To initiate acceptance of the stormwater construction work (including seeding and planting required for erosion control), the Contractor shall request in writing a Stormwater Completion Walkthrough. The Engineer will set up the walkthrough. It will include the Engineer or designated representative, Superintendent or designated representative, and Stormwater Management Plan (SWMP) Administrator. Unsatisfactory and incomplete stormwater and sediment/erosion control work will be identified in this walkthrough and will be summarized by the Engineer in a punch list. The completed action items associated with the corrective work will be shown as completed on the punch list. Upon completion of all items shown, the Contractor shall notify the Engineer. Upon written agreement that the punch list is completed from the Engineer, the Contractor shall submit the appropriate form to the CDPHE- WQCD such that Weld County becomes the Operator permittee of the CDPS-SCP. Until the transfer of the CDPS-SCP has been approved by the CDPHE-WQCD, the Contractor shall continue to adhere to all CDPS-SCP requirements. Requirements shall include erosion control inspections, control measure installation, control measure maintenance, control measure repair including seeded areas, and temporary control measure removal. All documentation shall be submitted to the Engineer and placed in the SWMP. All costs associated with the Contractor applying for, holding, and transferring the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work per subsection 107.02. (d) Measurement and Payment. 1. All the work listed in (b) above, including but not limited to dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for CDPHE-WQCD concurrences and permits, will not be measured and paid for separately, but shall be included in the work. 2 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. If monetary fines or penalties are applied to the Department while October 1, 2024 14 Revision of Section 107 — Legal Relations and Responsibility to Public under stewardship of the Contractor but the exact amount is not known, the project retainage will be held by weld County until the fines or penalties are resolved. 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. 3 The Contractor will 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. 4 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. 5. Areas exposed to erosion by fire resulting from the Contractor's operations shall be stabilized per Section 208 by the Contractor and at the Contractor's expense. End of Section October 1, 2024 1 Revision of Section 108 - Prosecution and Progress S ection 108 of the Standard Specifications is hereby revised for this project as follows: S ubsection 108.01 shall be deleted and replaced with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Before beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No. 205 via the B2GNow software system. The subcontracted work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project -related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer. When the project does not have CDOT funding, the B2GNow software system will not be used and the Contractor shall submit a hardcopy of the CDOT Form No. 205 to the Engineer for review and acceptance. The Contractor will be permitted to sublet a portion of the Contract. However, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the Contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. The proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. S ubcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules". When the project has CDOT funding, all firms to which the contractor will be subletting a portion of the contract shall have an account created in the B2GNow software system. If the firm does not have an account created approval of the form 205 may be withheld. When the project has CDOT Funding, Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts shall be attached to all subcontracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work October 1, 2024 2 Revision of Section 108 — Prosecution and Progress performed under the Contract and are to be included in all subcontracts with the following modification: 1. The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCPTracker, utilizing the following web link: https://prod.lcptracker. net/WebForms/login.aspx 2. The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCPTracker system and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. 3. Each construction subcontractor shall submit their payrolls directly into LCPTracker for approval by the Contractor. In the event that the Contractor or the sub -contractors do not submit properly completed payrolls to LCPTracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. 4. The Contractor shall submit and approve their own payrolls in LCPTracker. The Contractor is responsible for ensuring all of the subcontractors submit and approve their own payrolls in LCPTracker. The Contractor shall be responsible for providing all technical support to all of the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate directly with LCPTracker for the required technical support. Weld County will not provide technical support to the Contractor or subcontractors. 5. The Engineer will approve or reject weekly payrolls for the Contractor. S ubsection 108.02 shall be deleted and replaced with the following: 108.02 Notice to Proceed. The Contractor shall not commence work before the issuance of a Notice to Proceed. The Notice to Proceed will stipulate the date on which contract time commences. When the Contractor proceeds with work before that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or before the 10th day following the issuance of the Notice to P roceed. S ubsection 108.03(b), paragraph 1 shall be deleted and replaced with the following: October 1, 2024 3 Revision of Section 108 — Prosecution and Progress The Contractor shall use Microsoft Project Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work. Before, or at the Pre -construction Conference, the Contractor shall notify the Engineer in writing, which scheduling software the Contractor shall use to manage the project. The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal. If the Contractor selects Primavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option. S ubsection 108.03(b), paragraph 2 shall be deleted and replaced with the following: The Contractor shall submit schedules for approval by the Engineer. The Contractor's schedule shall be an accurate plan to complete the work so that the Department can use the schedule to evaluate progress, schedule Weld County resources, inform the project stakeholders, and evaluate the effect of changes to the schedule. A schedule review meeting shall be held to discuss each schedule submittal. The Initial Schedule shall be submitted at least 10 working days before the start of the work. Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer. S ubsection 108.03(d) shall be deleted and replaced with the following: (d) (unused) S ubsection 108.03(e) shall be deleted and replaced with the following: (e) Baseline Schedule. Within 14 days of Award of the Contract, the Contractor shall submit a Baseline Schedule showing all planned activities from the Notice to Proceed through the end of the project. The Contractor shall use all information known by the Contractor at the time of submittal to develop the Baseline Schedule. The Baseline Schedule shall not show any progress and shall be approved in writing by the Engineer prior to the start of any work commencing. When approved by the Engineer, the Baseline Schedule shall become the Project Schedule. S ubsection 108.03(j) shall be added immediately following Subsection 108.03(1) and shall include the following: (j) Method Statements. A Method Statement shall be prepared for the controlling activities in the CPM, salient features listed in the Commencement and Completion of Work special provision, or as directed by the Engineer. The Method Statement shall include any additional activity or feature that the Engineer considers to be a controlling factor for timely completion. The Method Statement shall be a detailed narrative describing each activity or feature and all work necessary to complete it. The Contractor shall include the following information in the Methods Statement: (1) Feature name; October 1, 2024 4 Revision of Section 108 — Prosecution and Progress (2) Who is responsibility for the feature work (Contractor, subcontractor, supplier, utility, etc.); (3) Detailed description of the planned work procedures. The procedures to be used shall include information such as forming, excavation, pouring, heating and curing, backfill and embankment, trenching, protecting the work, etc. When separate or different procedures are to be employed due to seasonal or project phasing requirements, such differing procedures shall be described in the statement; (4) The planned quantity of work per day for each feature using the same units of measure as the applicable pay item; (5) The anticipated labor force required by labor type; (6) The number, types, and capacities of equipment planned for the work; and (7) The planned time for the work including the number of workdays per week, number of shifts per day, and the number of hours per shift. At the Engineer's discretion, the Contractor shall update the Method Statement or any part thereof and resubmit it to the Engineer for review and approval. Subsection 108.04, paragraph 1 shall be deleted and replaced with the following: 108.04 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor expects to complete, including Force Accounts, retainage and expected incentive payments, by the progress estimate date each month for the duration of construction. The payment schedule shall be signed by the Contractor's authorized agent. The payment schedule shall show the dollar amount of work the Contractor expects to complete for every month on the Contract from commencement of work to Project Acceptance. The fiscal year (January 1 to December 31) totals shall also be shown on the payment schedule. The payment schedule may be prepared using standard spreadsheet software such as MS Excel and submitted in electronic format. Subsection 108.04(b), paragraph 2 shall be deleted and replaced with the following: If the update has any Weld County Fiscal Year (January 1 to December 31) payment in excess of the encumbrance amount, the Department may, in its sole discretion, approve the update. If the Department does not approve the update the Contractor shall either revise the payment schedule or proceed at his own risk. The risk is either not being paid in a timely manner, or not being paid at all for any amounts over the encumbrance amount. If the Contractor proceeds at his own risk, then payment for the at -risk work will be dependent upon ratification of this work by the Weld County Controller. October 1, 2024 5 Revision of Section 108 - Prosecution and Progress S ubsection 108.08, paragraph 2 shall be deleted and replaced with the following: The Contractor may work between sunrise and 1/2 hour before sunset, Monday through Friday excluding holidays, without written consent from the Engineer. If the Contractor wishes to work outside of these hours of operation, they may request to do so by providing the Engineer with a written request outlining the reasons for the request. The Engineer is under no obligation to approve hours of operation outside of the hours listed above. The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector S upervisor. The Contractor shall not perform construction operations on any three or four - day holiday weekend without prior written approval. Requests for weekend construction operations shall be presented in writing to the Engineer and Inspector Supervisor no later than Wednesday at 5 p.m. before the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case by case basis. The Engineer and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $400.00 for the first four hours (four hour minimum) and $100.00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. S ubsection 108.08(a)(2) shall be deleted and replaced with the following: (2) Calendar Day Contract. When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts including Saturdays, Sundays, and holidays. Calendar Day Contracts have been adjusted before bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior written approval has been granted by the Engineer. No weather days or less than full time charges days will be granted in this contract. S ubsection 108.08(b) shall be deleted and replaced with the following: October 1, 2024 6 Revision of Section 108 — Prosecution and Progress (b) Completion Date Contract. When the Contract specifies a completion date, all work under the Contract shall be completed on or before the date specified. Completion Date Contracts have been adjusted before bid advertisement to account for Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior written approval has been granted by the Engineer. No extension of the completion date will be allowed for inclement weather, foreseeable causes, or conditions under the control of the Contractor. If all work under the Contract is not completed on or before the specified completion date, contract time will be assessed for each additional calendar day per with subsection 108.8(a)(2) and liquidated damages will be assessed to the Contractor per day, per Table108-2 until the completion of the project. Subsection 108.09 shall be deleted and replaced with the following: 1108.09 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time, that any work remains uncompleted after the elapse of contract time. This daily charge will be deducted from any money due the Contractor. This deduction will not be considered a penalty, but as liquidated damages. Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all required paperwork required to close out the project within 20 days. Failure to provide the required paperwork will result in the assessment of liquidated damages as outlined in Table 108- 2. The schedule of liquidated damages set forth below is an amount, agreed to by the Contractor and the Department, as reasonably representing additional construction engineering costs incurred by the Department if the Contractor fails to complete performance within the contract time. Due account shall be taken of any adjustment of the contract time for completion of the work granted under the provisions of subsection 108.08. Permitting the Contractor to continue and finish the work or any part thereof after elapse of contract time will not operate as a waiver on the part of the Department of any of its rights under the Contract. Deductions assessed as liquidated damages under this subsection shall not relieve the Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by failure of the assessed Contractor to complete the work according to contract times. October 1, 2024 7 Revision of Section 108 - Prosecution and Progress Table 108-2 — Liquidated Damages Based on Original Contract Amount From Than More Including To and Liquidated Damages per Calendar Day ($) 0 1,000,000 1,400 1,000,000 2,000,000 2,500 2,000,000 6,000,000 4,500 6,000,000 9,000,000 8,000 9,000,000 15, 000, 000 8, 800 15,000,000 12,500 plus 1,400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 15,000,000 S ubsection 108.12 shall be added with the following: 108.12. Pay Reductions. A pay reduction will be made against the Contractor for each calendar day, including free time, that the Contractor is out of compliance with the S pecifications. This daily charge will be deducted from any money due to the Contractor. The pay reduction amounts are generally defined in the applicable sections of the S pecifications. Where pay reductions are not defined in the specifications, the pay reduction amount shall follow Table 108-2 of these specifications. End of Section October 1, 2024 1 Revision of Section 109 - Measurement and Payment Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.01 shall be deleted and replaced with the following: 109.01 Measurement of Quantities. All work completed under the Contract will be measured by the Engineer according to United States standard measure (English units). A station when used as a definition or term of measurement will be 100 linear feet. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and deductions will not be made for individual structures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or as ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Items which are measured by linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundation upon which the structures are placed, unless otherwise shown on the plans. In computing volumes of excavation and embankment, the average end area method or the method incorporated into the Department's computer earthwork program will be used. The term "gauge," when used in connection with the measurement of plates, will mean the U.S. Standard Gage. When the term "gauge" refers to the measurement of wire, it will mean the wire gage specified in ASTM A510. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.govipacificiaginspectioniscale-companies ) at least once each year, each time the scales are relocated, and as often as the Engineer may deem necessary. Scales shall be furnished by the Contractor, or the Contractor may utilize commercial scales. October 1, 2024 2 Revision of Section 109 - Measurement and Payment Scales shall be operated according to the Colorado Department of Agriculture's regulations. Weighers, scales, scale tickets, scale house, and verification of the scales' accuracy will not be measured and paid for separately but shall be included in the work. The Contractor may use either certified hopper scales or certified platform scales. When platform scales are used to weigh vehicles carrying material paid for by weight, a certified weigher shall weigh each vehicle. Hopper scales used to directly measure material paid for by weight shall be operated by certified weighers and provide an accurate net weight. The operator of each vehicle carrying material measured and paid for by weight shall obtain a scale ticket (certificate of correct weight) from the certified weigher and deliver the ticket to the Engineer at the point of delivery of the material. The scale ticket shall include the following information: (1) Project Number. (2) Date. (3) Ticket Number. (4) Haul Unit Number. (5) Form 43 Number and Mix Type (HMA and SMA Only) (6) Plant Location (7) Gross Weight. (8) Tare Weight. (9) Net Weight. (10) Material Type. (11) Certified Weigher's Name. Vehicles used to haul material being paid for by weight shall bear a plainly legible identification mark. Each of these vehicles shall be weighed empty daily at times directed by the Engineer. The Contractor shall furnish to the Engineer, in writing, a vehicle identification sheet that lists the following for each delivery vehicle to be used on the project: October 1, 2024 3 Revision of Section 109 - Measurement and Payment (1) Identification mark. (2) Vehicle length. (3) Tare weight. (4) Number of axles. (5) The distance between extreme axles. (6) Information related to legal weight, including the Permit Number and permitted weight of each vehicle for which the State has issued an overweight permit. This information shall be furnished before time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles. All materials (304 - Class 6 Base Course, 403 HMA, etc.) delivered to the project site that have been weighed by a certified scale, shall be issued tickets by the source certified weigh master. These tickets will be collected and compiled by a representative of the Contractor at the project's placement site. Tickets will be made available for inspection during placement to the Engineer or Inspector at all times. The Contractor will submit, in an envelope, within 48 hours of material placement, the following: (1) Truck Tare List (2) Original Scale Tickets (3) Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative. Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet submitted by the Contractor. Contractor will be made aware of any discrepancy immediately by the inspector. Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For material quantity submittals beyond these 48 hours, a price reduction on the material in question will occur as follows: • less than 24 hours = 2% • 25 - 48 hours = 5% • 48 hours to 72 hours = 25% • Greater than 72 hours = 100% October 1, 2024 4 Revision of Section 109 - Measurement and Payment Weighers using hopper scales solely for batching materials not measured and paid for by weight need not be certified. The Engineer will randomly verify the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket. This verification will consist of at least one comparison check on the project. Additional verification checks may be required as determined by the Engineer. The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher. The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket. Reweighed loads shall be within the tolerance of 200 pounds plus or minus. The Engineer will also verify the accuracy of computerized scales. Computerized scales are scales that automatically print weights on the scale ticket. This verification will consist of at least one comparison check when the project requires more than 2,500 tons of material to be weighed. This comparison check shall be made by reweighing a loaded vehicle. The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check. Comparison checks shall be performed using the following procedures: (1) Hopper Scale. A loaded truck will be randomly selected by the Engineer. The loaded truck shall be weighed on a certified platform scale to record the gross weight. The truck shall be unloaded and weighed again on the same scale to record the tare weight. The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket. (2) Platform Scales. The Engineer will randomly select a loaded truck. The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket. Should a comparison check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately. If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense. The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser period of time. If it is necessary to recertify a scale, and more than 2,500 tons of material remain to be weighed, another scale comparison check shall be made. All comparison checks shall be made at the Contractor's expense. October 1, 2024 5 Revision of Section 109 - Measurement and Payment Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery. Vehicles for this purpose may be of any size or type, provided the body is shaped so the actual contents may be readily and accurately determined. All vehicles shall be loaded to their water level capacity and all loads shall be leveled when the vehicles arrive at the point of delivery. Water used in the work will be measured by the M Gallon or 1,000 U.S. Gallons. The weight of inherent moisture in the material will not be deducted. Water added for the Contractor's convenience will not be paid for. Water may be measured by either volume or weight. Water meters shall be accurate within a range of plus or minus 3 percent. When water is metered, the Contractor shall use an approved metering device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule: • 2 inch meter has to be recalibrated at a minimum of every 4 years • 4 inch to 6 inch meter has to be recalibrated at a minimum of every 2 years • 8 inch to 10 inch meter has to be recalibrated at a minimum of every 1 year Water meters shall be calibrated when the Engineer determines there is reason to believe the meters are not accurate within the allowable tolerance. If water meter accuracy is found acceptable, the cost involved in checking the water meter shall be at the Department's expense. If the water meter accuracy is found unsatisfactory, the cost involved in checking the water meter shall be at the Contractor's expense. For those materials specified to be measured by the cubic yard, an acceptable method of computing volumes of excavation is to determine a weight to volume factor and convert weight to volumes by means of the factor. Colorado Procedure 80 as described in the CDOT Field Materials Manual shall determine the weight to volume factor. The number of tests used to determine the material weight to volume factor will be determined by the Engineer. The locations where the tests are taken shall be at those locations specified in the "Method of Measurement" for the particular bid item; i.e., Unclassified Excavation - in its original position: Embankment Material - in its final compacted position, etc. Asphalt materials will be measured by the gallon or ton. Volumes will be measured at 60°F or will be corrected to the volume at 60°F using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weight or weight based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When asphalt materials are shipped by truck or transport, net certified weight or volume subject to correction for loss or foaming will be used for computing quantities. Cement will be measured by the ton. October 1, 2024 6 Revision of Section 109 - Measurement and Payment Timber will be measured by the number of thousand feet board measure or MFBM actually incorporated in the structure. Measurement will be based on nominal commercial widths and thicknesses. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will include all necessary fittings and accessories. Rental of equipment will be measured in hours of actual working time and necessary traveling time of the equipment within the limits of the project. If special equipment has been ordered by the Engineer in connection with force account work, travel time and transportation to the project will be measured. If equipment has been ordered held on the job on a standby basis by the Engineer, and is not otherwise utilized by the Contractor, standby rental rates for the equipment will be paid at the rates specified in subsection 109.04. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, and pipe conduit, and these items are identified by gage, unit weight, and section dimensions, the identification will be considered to be nominal weight or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. The following work will not be measured and paid for separately but shall be included in applicable unit prices for which the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to the project: (1) Earthwork requiring more than one handling. (2) New materials (if required) for resetting fences. (3) Fine grading (4) Soil conditioner unless otherwise identified in the Contract. (5) Fertilizer unless otherwise identified in the Contract. (6) Staging areas (7) Additional temporary construction easements if desired by the Contractor (8) Coordination with utility companies (9) All water October 1, 2024 7 Revision of Section 109 - Measurement and Payment S ubsection 109.06(a), Paragraph 1 shall be deleted and replaced with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the County, pursuant to Section 24-91-103, CRS. The amount retained will be 5% of the value of the completed work, to a maximum of 5% of the contract amount. No retainage shall be released before Final Acceptance. No retainage shall be released if there are CDPHE fines for stormwater items while under the stewardship of the Contractor until the fines are resolved. No further amount will be retained if the Contractor makes satisfactory progress in the contract work. The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety: Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted the necessary forms, the Engineer may make reduction in the amount retained. S ubsection 109.06(e) shall be deleted and replaced with the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work that has been satisfactorily completed within seven calendar days after receiving payment for work from the Department. For the purpose of this section only, work shall be considered satisfactorily complete when the Department has made payment for the work. The Contractor's subcontracts shall include a prompt payment provision, requiring prompt payment for all subcontractors and suppliers. 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/supplier until making the required payments and providing the reporting documentation required in subsection 109.06(h). S ubsection 109.06(f)(5) shall be deleted and replaced 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, 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 Department 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. S ubsection 109.06(f)(8) shall be deleted and replaced with the following: October 1, 2024 8 Revision of Section 109 - Measurement and Payment 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 per 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 Department. The requirements stated above do not apply to retainage withheld by the Department from monies earned by the Contractor. The Department 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. Subsection 109.06(g) shall be deleted and replaced with the following: (9) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department. 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. Subsection 109.06(h) shall be deleted and replaced with the following: (h) Monthly Reporting. The flow chart below provides information regarding the process for prompt payment on both non-CDOT and CDOT funded projects. (1) For Weld County Projects not funded by CDOT, the Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, per subsections 108.03(b) or 108.03(c)(3). Failure to submit a complete and accurate Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage to the Contractor. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly report. The subcontractor or supplier shall have fifteen (15) days from the receipt of the Contractor's payment to confirm payment or report an issue on a Form 1418. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the subcontractor's or supplier's contractual remedies. Failure to submit complete and accurate data October 1, 2024 9 Revision of Section 109 - Measurement and Payment on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payments to its lower tier subcontractors or suppliers within seven (7) days of receiving the Contractor's payment on a Form 1418. The lower tier subcontractors or suppliers shall have fifteen (15) days from the receipt of the subcontractor's or supplier's payment to confirm payment or report an issue on a Form 1418. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the lower tier subcontractor or supplier waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies. Failure to submit complete and accurate data on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. (2) For Weld County projects with CDOT funding, the Contractor shall record all payments to subcontractors and suppliers by completing an audit in the B2GNow System within fifteen (15) days of paying the subcontractors or suppliers. If the Contractor has good cause for delay as described in subsection 109.06(g), the Contractor shall include the justification in its monthly audit. Once the Contractor enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a notice to confirm payment. The subcontractor or supplier shall notify the Contractor and the Engineer in writing if there is an issue with the prompt payment. The subcontractor or supplier shall have fifteen (15) days from the notice to confirm payment or report an issue. If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies. Failure to submit complete and accurate data in the B2GNow System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payment to its lower tier subcontractors and suppliers within seven (7) days of receiving the Contractor's payment. The lower tier subcontractor or supplier shall notify the Contractor, subcontractor/supplier, and Weld County in writing if there is an issue with prompt payment. If the lower tier subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed. This provision should not be October 1, 2024 10 Revision of Section 109 - Measurement and Payment construed to limit the lower tier subcontractor's or contractor's contractual remedies. Failure to submit complete and accurate data in the B2GNow System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor. October 1, 2024 11 Revision of Section 109 - Measurement and Payment Prompt Payment Flowchart (To Be Completed Monthly By The Contractor, Subcontractors, and Suppliers) Contractor receives payment from Weld County i Contractor pays subcontractors and suppliers within 7 days of receipt of payment. (All subcontractors shall have an approved Form 205 on file with ///Weld County. All suppliers shall have an approved Form 1425 on file with Weld County.) Payments made by the Contractor shall be reported on the Form 1418 to Weld County or in B20 Nowt (if applicable) . Form 1418 or B2CNow entries shall be submitted to Weld County within 15 days of making payment to subcontractors or suppliers. 1 Subcontractors and Suppliers shall make payments to lower tier subcontractors and suppliers within 7 days of receipt of payment from the Contractor. Payments made by the Subcontractors or Suppliers shall be reported on the Form 1418 to Weld County or in B20 Now (if applicable) . Subcontractors and Suppliers shall confirm receipt of payment with Weld County and in B2C Now (if applicable) within 15 days of payment from the Contractor. Is a discrepancy identified between the Subcontractor/Supplier and the Contractor? If a discrepancy is identified, the Supplier/ Subcontractor shall report it to Weld County within 15 days. If not reported within 15 days, per Section 109.06(h) the Supplier/ Subcontractor waives assistance in resolving the prompt payment issue. Yes No Subcontractor/Supplier shall attempt to resolve the issue with the Contractor. Is discrepancy resolved between Contractor and Subcontractor/Supplier? No i Yes Contact Weld County Engineer for assistance in resolving the discrepancy. If the Engineer cannot resolve the discrepancy, the Engineer will involve CDOT Civil Fights or Weld County attorneys as applicable. Weld County will make no further payments to the Contractor until the discrepancy is resolved. Once all discrepancies have been resolved and the Contractor, Subcontractors, and Suppliers have provided the required monthly reporting information including the Form 1418s or updates to B2C Now (if applicable), Weld County will review the monthly reporting and resume making monthly payments to the Contractor. {See subsection 109.06(h) of the Specifications. Once the Contractor, Subcontractors, and Suppliers have provided the required monthly reporting information including the Form 1418s or updates to B2ONow (if applicable), Weld County will review the monthly reporting and resume making monthly payments to the Contractor. (See subsection 109.06(h) of the Specifications. This process repeats monthly until the project is completed and all parties have been paid for the work performed on the project. October 1, 2024 12 Revision of Section 109 - Measurement and Payment Subsection 109.06(j)(2)(A), the table shall be deleted and replaced with the following: Item No. Item Pay Unit 403* Ton Hot Mix Asphalt (Grading )(Asphalt) 403 Stone Matrix Asphalt (Grading _)(Asphalt) Ton Table Notes: Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment. Subsection 109.07, paragraphs 1 and 2 shall be deleted and replaced with the following: 109.07 Payment for Material on Hand (Stockpiled Material). Partial monthly payments to the Contractor for completed work will include payment only for materials actually incorporated in the work unless otherwise approved by the Engineer. In the event the Engineer agrees to pay for stockpiled materials, payments may be made to the Contractor for materials to be incorporated into the work as evidenced by invoices or cost analyses of material produced on the project subject to the following: In Subsection 109.07(2), delete references to "State owned property" and replace with "County owned property". In Subsection 109.07(2), delete references to "CDQT" and replace with "County". End of Section October 1, 2024 1 Revision of Section 202 - Removal of Structures and Obstructions Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall be deleted and replaced with the following: 202.01. This work consists of the removal and disposal of trees, slope and ditch protection, abandoned utility services, curb, gutter, pipes, sidewalk, structures, bridges or parts of bridges, railroad appurtenances, traffic control devices, impact attenuators, guardrail, fences, foundations, detours, pavements, pavement markings, ground signs, mailboxes, miscellaneous concrete debris, and all other obstructions that are not designated or permitted to remain. It shall also include salvaging, stockpiling and loading salvable materials, sandblasting, plugging structures, cleaning culverts, and sawing and cutting to facilitate controlled breaking and removal of concrete and asphalt to a neat line. Except in areas to be excavated, the resulting trenches, holes, and pits shall be backfilled. This work also consists of plugging and abandoning water wells as designated in the Contract. Materials removed and not designated in the Contract to be salvaged or incorporated into the work shall become the property of the Contractor. This work consists of removal of the existing bridge(s) at the locations shown in the plans. Bridge removal shall consist of the complete removal of all superstructure and substructure elements including caissons and piling to a depth of at least two (2) feet below finished grade unless otherwise shown on the plans. Time limitations for the work shall be as shown in the contract and/or plans. This work includes saw cutting and removal of the existing asphalt mat by the methods outlined on the Plans and in the specifications. The materials shall be hauled to the locations outlined in the specifications. The existing asphalt mat varies in thickness as shown on the plans and in the project geotechnical report. Weld County will retain ownership of the amount of asphalt millings specified in the Contract Documents. The Contractor shall take possession of all asphalt millings removed from the existing asphalt mat which are not identified as being owned by the County. All remaining asphalt millings, if any, may be used in the project as allowed in the Contract or as approved by the Engineer. Asphalt millings which are not owned by the County and cannot be used on the project shall become the property of the Contractor and shall be disposed of at his expense outside the project limits. The asphalt millings to be retained by Weld County shall be delivered and stockpiled at to a location specified in the Contract Documents. This work consists of the removal of a structure coated with paint which may contain lead, other heavy metals, or a combination thereof. Management of paint debris waste shall be accomplished per Section 250. October 1, 2024 2 Revision of Section 202 - Removal of Structures and Obstructions Subsection 202.02 shall be deleted and replaced with the following: (b) Removal of Tree. This work includes the removal (less than 6 inches diameter at breast height (DBH) and the trimming of trees as directed by the Engineer. This work includes the preservation from injury or defacement of all vegetation and objects designated to remain. The Engineer will establish environmental limits. All trees, shrubs, plants, grasses, and other vegetative materials shall remain, except as designated by the Engineer. Removal, trimming, and pruning of encroaching vegetation (as determined by the Engineer) shall be completed before beginning any construction. Once all directed clearing, trimming, and pruning is completed and accepted, no additional clearing, trimming, cutting, or pruning will be allowed unless approved, in writing, by the Engineer. Tree trimming for trees which are to remain shall be done by a Contractor or subcontractor who is a qualified tree surgeon and a member of the National Arborist Association. The firm's or individual's name and qualifications shall be submitted at the pre -construction conference for the Engineer's approval. A list of references and other clients shall be included with the qualifications statement. A written description of work methods and time schedules shall be submitted and approved in writing by the Engineer before work commencing. Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the Contractor. Strict limits of disturbance will be defined and shall be adhered to. Branches on trees or shrubs shall be removed as directed by the Engineer. All tree or shrub pruning shall be done by skilled workmen. All work shall be done according to the following requirements: (1) Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural character of the tree. (2) All final cuts shall leave no projections on or off the branch and shall not be cut so close as to eliminate the branch collar. (3) To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3 -cut method. These branches shall be lowered to the ground by proper ropes. (4) Tools used on trees known or found to be diseased, shall be disinfected with alcohol before they are used on other trees. October 1, 2024 3 Revision of Section 202 - Removal of Structures and Obstructions (5) Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the Engineer. (6) When cutting back or topping trees, the Contractor shall use the drop -crotch method and avoid cutting back to small suckers. Smaller limbs and twigs shall be removed in such a manner so as to leave the foliage pattern evenly distributed. (7) When reducing size (cut back or topping) not more than one-third of the total area shall be reduced at a single operation. (8) Climbing spikes shall not be used on trees not scheduled for removal. All brush, branches, limbs, and foliage smaller than 3 inches in diameter shall be chipped into mulch and stockpiled at a designated site. The trunks and limbs 3 inches and larger shall be cut into less than 6 -foot lengths and hauled to a designated site. Stumps shall be removed when within the areas to be excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more than 3 inches remains above the ground surface. Subsection 202.07 shall be deleted and replaced with the following: 202.07 Pavements, Sidewalks, Curbs. All concrete pavement, sidewalks, structures, curbs, gutters, miscellaneous concrete debris, etc., designated for removal, shall be disposed of per subsection 201.02. Concrete pavement to be broken and left in place shallbe broken so the largest fragment does not exceed 1 square yard in surface. Subsection 202.09 shall be deleted and replaced with the following: 202.09 Removal of Asphalt Mat (Planing). The Contractor shall not commence planing operations until the hot mix asphalt(HMA) Mix Design (Form 43) has been approved and signed. The existing asphalt shall be removed in thicknesses not to exceed two (2) inches per planing pass. The Contractor shall remove the existing asphalt layers in a manner which minimizes the contamination of the milled asphalt with the underlying materials such as aggregate base course (ABC) and/or subgrade materials. The millings from each planing pass shall be classified as "clean" if there is no contamination from ABC or subgrade materials. The thickness of the last planing pass shall not exceed a one (1) inch and may include ABC and/or subgrade material. The millings from the last planing pass shall be classified as "dirty" millings. The Contractor shall haul "clean" and "dirty" millings to the location(s) shown in the Contract documents. The Contractor shall create separate stockpiles for the "clean" and October 1, 2024 4 Revision of Section 202 - Removal of Structures and Obstructions "dirty" millings. In the event the Contractor contaminates the "clean" millings with "dirty" millings, the Contractor shall be responsible for processing the contaminated stockpiles to remove the "dirty" millings from the "clean" millings. The Engineer in their sole discretion shall determine if the "clean" millings stockpile has been contaminated. The Contractor shall not be entitled to any additional compensation if the "clean" millings stockpile is contaminated. The Contractor shall be responsible for providing a front end loader and an operator at the stockpiling location to consolidate the truckloads of millings into the two types of milling stockpiles. The Contractor shall be responsible for providing signage which identifies the various stockpiles (i.e., "clean millings" and "dirty millings). The contractor shall be responsible for coordinating with the County for access to and from the stockpiling locations. Before beginning planing operations, the Contractor shall submit a planing plan for approval by the Engineer. This planing plan shall include as a minimum: (1) The number and types of planers to be used. (2') The width and location of each planing pass. P (4) The number and types of brooms to be used, and their locations with respect to the planers. The Contractor shall have at least one backup broom on the project at all times in case one of the operating brooms breaks down. The proposed method for planing and wedging around existing structures such as manholes, valve boxes, survey monuments, and inlets. The longitudinal and transverse typical sections for tie-ins at the end of the day. p A plan sheet showing the milling passes. A process control plan (PCP) including as a minimum, the following: (1) Schedule for replacing the cutting teeth. (2) The daily preventative maintenance schedule and checklist. (3) Proposed use of automatic grade controls. (4) The surface testing schedule for smoothness. (5) The process for filling distressed areas. October 1, 2024 5 Revision of Section 202 - Removal of Structures and Obstructions (6) Schedule for testing macrotexture of the milled surface. (7) Corrective procedures to be utilized in the event the milled surface does not meet the minimum macrotexture specification. (8) Corrective procedures to be utilized in the event the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10 -foot straightedge. The existing pavement shall be milled to the cross -slope as shown on the plans and shall have a surface finish that does not vary longitudinally or transversely more than % inch from a 10 -foot straightedge. A 10 -foot straightedge shall be supplied by the Contractor. All planed areas shall be broomed with a pickup broom, unless otherwise specified, before opening to traffic. A sufficient number of brooms shall be used immediately after planing to remove all planed material remaining on the roadway. If the Contractor fails to adequately clean the roadway, work shall cease until the Engineer has approved the Contractor's revised written proposal to adequately clean the roadway. The milled surfaces shall have a macrotexture equal to or less than 0.170 inches for single -lift overlays and 0.215 inches for multiple -lift overlays as tested per CP 77. Milled surfaces that do not meet these criteria shall require corrective action per the PCP. The Contractor shall be responsible for testing the macrotexture of the milled surface at the location directed by the Engineer per CP 77 at a stratified random frequency of one test per 10,000 square yards or a minimum of once per workday. At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be tapered. No transverse vertical edges will be allowed. Longitudinal milled surface tie- ins to existing pavement shall be tapered to not less than a 3:1 slope, transverse milled surface tie-ins to existing pavement shall be tapered to not less than a 50:1 slope. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line. If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this joint will not be paid for separately but shall be included in the cost of planing. If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface before commencement of resurfacing. All work associated with this joint will not be paid for separately but shall be included in the cost of planing. October 1, 2024 6 Revision of Section 202 - Removal of Structures and Obstructions Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface before commencement of resurfacing. Distressed or irregular areas identified in the planed surface by the Engineer shall be patched. The roadway shall be left in a safe and usable condition at the end of each workday. All required pavement markings removed by the planing shall be restored before the roadway is opened to traffic. The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. All planing shall be completed parallel to the travel lanes unless otherwise directed by the Engineer. All planing shall be completed full width before resurfacing commences. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Each planer shall conform to the following: The planer shall have sufficient power, traction, and stability to maintain an accurate depth of cut. The propulsion and guidance system of the planer shall be maintained in such condition that the planer may be operated to straight and true lines. The planer shall be capable of operating with automatic grade controls (contact or non - contact) on both sides of the machine using a 30 -foot averaging system or other approved grade control systems. The use of such controls shall be described in the Contractor's process control plan. Operation with broken or missing teeth will not be allowed. Worn teeth shall be replaced if the planer does not produce a uniform surface. The planer shall be capable of picking up the removed asphalt in a single operation. A self -loading conveyer shall be an integralpartof the planer. Windrows will not be allowed. All planed areas shall be broomed with a pickup broom, unless otherwise specified, before being opened to traffic. A sufficient number of brooms shall be used immediately after planing to remove all planed material remaining on the roadway. If the Contractor fails to adequately clean the roadway, work shall cease until the Engineer has approved the Contractor's revised written proposal to adequately clean the roadway. October 1, 2024 7 Revision of Section 202 - Removal of Structures and Obstructions At the completion of each day's work, vertical edges caused by planing that are greater than 1 inch in height shall be: Longitudinal — tapered to not less than a 3:1 slope, Transverse — tapered to not less than a 50:1 slope. The roadway shall be left in a safe and usable condition at the end of each workday. All required pavement markings, removed by the planing, shall be restored before the roadway is opened to traffic. All planing shall be completed parallel to the travel lanes unless otherwise directed by the Engineer. All planing shall be completed full width before resurfacing commences. S ubsection 202.11 shall be revised to include the following: If identified as a separate pay item in the Bid Schedule, removal of delineators will be measured by the number of delineators removed and accepted. Removal of Concrete Median Cover will be measured by the area (square yards), removed and accepted. Removal of ground signs will be measured by the number of signs removed and accepted. The entire post and base shall be removed. S ubsection 202.12 shall be deleted and replaced with the following: 202.12. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear inthe bid schedule. Payment shall be full compensation for sawing, removing, disposal, excavation and subsequent backfill, and salvage of materials removed, their custody, preservation, storage, and disposal as provided. When the Contract does not include pay items for removal of structures and obstructions, the removal will not be paid for separately but shall be included in the work. Payment for abandon well will be full compensation for all labor and materials required to complete the work, includingpreparing and submitting the abandonment report. Temporary raised flexible pavement markers used per subsection 202.05(a) will not be measured and paid forseparately but shall be included in the work. U nless otherwise specified in the Contract, the disposal and hauling of the asphalt millings to other locations or its use on the project or at other locations will not be measured and paid for separately but shall be included in the work. October 1, 2024 8 Revision of Section 202 - Removal of Structures and Obstructions Payment will be made under: Pay Item Pay Unit Removal of Bridge Each Removal of Structures and Obstructions Lump Sum Removal of Asphalt Mat (Planing) Square Yard Removal of Pavement Marking Square Foot Removal of Pavement Marking (12 Inch) Square Foot Removal of Pavement Marking (15 Inch) Square Foot Plug Each Clean Culvert Each Abandon Well Each Sandblasting Square Foot Sandblasting Reinforcing Steel Square Yard Removal Tree Each Trimming of Tree Each Removal of Concrete Median Cover Square Yard Removal of Ground Sign Each Chipping, stockpiling mulch, and hauling and stockpiling trunks and limbs will not be paid for separately but shall be included in the work. Removal of trees less than 6 inches in diameter at breast height (DBH) will not be paid for separately but shall be included under the clearing and grubbing pay item. All clearing and grubbing directed by the Engineer will be paid for as identified under the clearing and grubbing pay item. Payment for Removal of Bridge will be full compensation for all labor and materials required to complete the work, including, preparation and implementation of the Bridge Removal Plan, inspection, equipment, debris handling and disposal, salvaging, handling and storage of salvable materials, handling and disposal of all hazardous materials and disposal of non -salvable materials. Half of the Removal of Bridge payment will be applied once the first half of the bridge is removed. Payment for removal of structures, or portions thereof, coated with heavy-metal based paint will be full compensation for all work necessary to complete the item. Paint debris waste management and disposal will be measured and paid for per Section 250. Lighting required for nighttime operations will not be measured and paid for separately but shall be included in the work. October 1, 2024 9 Revision of Section 202 - Removal of Structures and Obstructions Macrotexture testing, macrotexture corrective actions, planers, brooms and all other work necessary to complete the item will not be measured and paid for separately but shall be included in the work. End of Section October 1, 2024 1 Revision of 207 - Topsoil Section 207 of the Standard Specifications is hereby deleted for this project and replaced 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 Engineer. The topsoil material shall be generally evenly distributed throughout the project limits. Any excess topsoil generated from this project shall become the property of the Contractor and shall be hauled off the Project. 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: (a) 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 shown on the plans, whichever is greater. It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant October 1, 2024 2 Revision of 207 - Topsoil material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. A minimum of 60 days prior to the placement of topsoil, the Contractor shall submit a Certified Test Report (CTR) showing a complete Soil Nutrient Analysis for the properties listed in Table 207-2 from an independent laboratory that participates in the National Association for Proficiency Testing (NAPT). The CTR shall be provided in accordance with subsection 106.13. If the 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. All topsoil salvaged from onsite shall be amended/conditioned to meet the requirements of Section 212. It may be necessary to add additional fertilizers and conditioners to the hydraulic growth medium in order to meet the recommendations of the Soil Testing Laboratory. (b) 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. (c) 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) per subsection 106.13, excluding lot, heat, and batch confirming that the excavated material conforms to Table 207-1. Amendments to the base imported material shall have the quantities of material verified onsite before 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. October 1, 2024 3 Revision of 207 — Topsoil Table 207-1 — Physical Properties of Seeding Media Property Range Test ASA Method Mono. 10-3.2 #9, or Part TMECC 2, 5.6 — 7.5 Soil pH (s.u.) 04.11-A Soil Electrical Conductivity (EC) < 5.0 ASA Method Mono. #9, 10-3.3 Part 2, (mmhos/cm or ds/m) Soil SAR (s.u.) 0 - 10 ASA Method Mono. #9, 10-3.4 Part 2, Rock Content (`)/0) <USDA _ 25 MRCS Rock Fragment Modifier Usage 9 e (Arsenic, Trace Cadmium, Contaminants Copper, Meets US EPA, 40 TMECC 04.06 or EPA6020/ASA (American CFR 503 Regulations Mercury, Selenium, Zinc, Society of Agronomy) Nickel, and Lead) Rock Content 3 " diameter (%) greater than 25 USDA MRCS Rock Fragment g Modifier Usa g e USDA Soil Texture ASA Monograph Or Method ASA 1 15-4 43-5 #9, Part 1, clay, percentage No more silt, topsoil. and than volume sand 70% by of All Particle Sizes < 6 Inches Physical made contaminants inerts) (%) (man- < 1 TMECC 03.08-C C : N ratio <20 TMECC 05.02-A >25% through material g #4 passing sieve ASTM D6913 * Fines % material when ' from manufacturing rock (d) Topsoil (Offsite). The Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days before import per subsection 106.13. The Contractor shall include with the CTR a complete Soil Nutrient Analysis for the properties listed in Table 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. All imported topsoil shall be amended/conditioned to meet the requirements of Section 212. It may be necessary to add additional fertilizers and conditioners to the hydraulic growth medium in order to meet the recommendations of the Soil Testing Laboratory. The Contractor shall submit a Certificate of Compliance (COC) for Topsoil (Offsite) for approval a minimum of 60 days before import that the source has controlled noxious weeds per the State of Colorado Noxious Weed Act 35-5.5-115. October 1, 2024 4 Revision of 207 — Topsoil Table 207-2 — Topsoil (Offsite) Properties Property Range Test Methods ASA Method Mono. 10-3.2 #9, or Part TMECC 2, 5.6 — 7.5 Soil pH (s.u) 04.11-A Salt by Electrical Conductivity < 2.0 ASA Method Mono. 10-3.3 #9, Part 2, (EC) (mmhos/cm or ds/m) Soil SAR (s.u.) 0 - 10 ASA Method Mono. 10-3.4 #9, Part 2, Soil OM (%) 3 — 5 Methods Part 3, Method of Soil 34 Analysis, Soil N (NO3-n, ppm) > - 20.0 Methods Part Ch. 38 3. Chemical Nitrogen of Soil Analysis, — Methods. Inorganic Forms Soil P (ppm) > 13.0 ASA Method Mono. 24-5.4 #9, or Part others 2, as required based on soil pH Soil K (ppm) ≥ 80 ASA Method Mono. 13-3.5 #9, Part 2, Rock " 3 diameter Content (`)/0) greater than < _ 25 USDA NRCS Rock Fragment g Modifier Usage g e Bioassay and relative (seedling vigor) emergence ° > 80% of control TMECC Approved 05.05-A Germination or Test Soil Texture ASA Method Mono. 15-4 #9, Part 1, No and more sand volume than by of 70% percentage topsoil clay, silt Physical made inerts) contaminants (%) (man- < 1 TMECC 03.08-C Trace (Arsenic, Contaminants Cadmium, Copper, TMECC EPA6020/ASA 04.06 or (American Meets US EPA, 40 CFR 503 Regulations Mercury, Selenium, Zinc, Society of Agronomy) Nickel, and Lead) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A Construction Requirements 207.03 Site Pre -vegetation Conference. Before 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 -contractors) performing the subgrade soil preparation and soil amendments, and the Engineer. Only October 1, 2024 5 Revision of 207 — Topsoil 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 (Onsite) and/or Topsoil (Offsite) Amendment Protocol. (2) Review of the Method Statement detailing the equipment which will be used for the subgrade soil preparation operations. (3) 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). (4) Seeding. See subsection 212.03 for submittal requirements. (5) 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 per 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. When topsoil is windrowed, all stockpile requirements still apply. (1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, per 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 crumble without sticking together, yet not be so dry and hard that it does not break apart easily. Underground utilities shall be located before soil preparation. October 1, 2024 6 Revision of 207 - Topsoil Subgrade soil preparation equipment shall be done with farming implements such as a moldboard plow and disk. The use of a dozer or grader equipped with ripping shanks shall n ot be allowed. 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. Existing subgrade shall be de -compacted to a depth of 14 inches. If multiple passes are n eeded, 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. 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 or the depth shown on the plans 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 the 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 and deeper placement will not negatively impact stormwater drainage patterns, at the sole discretion of the Engineer. Contractor shall place topsoil in a method that does not re -compact subgrade material u sing low ground -contact pressure equipment, or by excavators and/or backhoes operating adjacent to it. 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 per subsection October 1, 2024 7 Revision of 207 — Topsoil 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. The volume of topsoil will be determined by measuring the area in which the topsoil is placed and multiplying the area by the topsoil thickness shown on the plans. Subgrade soil preparation will be measured by the square yards of subgrade which is ripped and accepted for adequate de -compaction. De -compaction will not be measured and paid for separately but shall be included in the work. 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 not be measured and paid for separately but shall be included in the work. 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 per Section 217. Stockpiling or windrowing of topsoil will not be measured and paid for separately but shall be included in the work. The contract unit prices for Topsoil (Onsite) and Topsoil (Offsite) shall be full compensation for all work necessary to complete the items including removing existing on -site topsoil material, stockpiling the existing topsoil material, hauling, loading, and redistributing the existing topsoil material onto the re -graded and prepared slopes. October 1, 2024 8 Revision of 207 — Topsoil Loading and hauling to redistribute stockpiled topsoil uniformly throughout the project limits shall not be measured and paid for separately but shall be included in the work. Testing of Topsoil (Onsite) Seeding Media and Topsoil (Offsite) Seeding Media 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. 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 separately but shall be included in the work. Excess topsoil generated from the Project and hauled off the Project by the Contractor will not be measured and paid for separately but shall be included in the work. End of Section October 1, 2024 1 Revision of Section 208 - Erosion Control Section 208 of the Specifications is hereby deleted for this project and replaced 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 in subsection 107.25, including wetlands. Stormwater runoff from all disturbed areas and soil storage areas, 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 per 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 and maintenance 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. The Initial Condition, Interim Condition, and Permanent Condition SWMP drawings are included with the plans for this project. The control measures shown on the Initial Condition and Interim Condition drawings shall be installed in a phased manner prior to the beginning of construction activities within various areas of the limits of construction. The Contractor shall be responsible for preparing and submitting an Erosion Control Phasing Plan which shows how the erosion and sediment control measures will be implemented to the Engineer for approval. Installation of the erosion control measures shall not begin until the Engineer has provided a written approval of the Erosion Control Phasing Plan. 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, and in accordance with the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) requirements. If immediate corrective actions cannot be taken,. the Contractor shall immediately request a deferment by providing the informs= outlined in Section 208.09(c) for review by the Engineer. (a) Definitions - Per Part I.E of the CDPS-SCP, for the purposes of the CDPS-SCP permit the following words and/or phrases shall mean: October 1, 2024 2 Revision of Section 208 - Erosion Control 1. Bypass — The intentional diversion of waste streams from any portion of a treatment facility in accordance with 40 CFR 122.41(m)(1)(i) and Regulation 61.2(12). 2. Common Plan of Development — A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules, but remain related. "Contiguous" means construction activities located in close proximity to each other (within 1/4 mile). Construction activities are considered to be "related" if they share the Contractor, equipment, storage areas, etc. 3. Construction Activity — Ground surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain the original line and grade, hydraulic capacity, or original purpose of the facility. Activities to conduct repairs that are not part of routine maintenance or for replacement are construction activities and are not routine maintenance. Repaving activities where underlying and/or surrounding soil is exposed as part of the repaving operation are considered construction activities. Construction activity is from initial groundbreaking to final stabilization regardless of ownership of the construction activities. 4. Control Measure — Any best management practice or other method used to prevent or reduce the discharge of pollutants to state waters. Control measures include, but are not limited to, best management practices. Control measures can include other methods such as the installation, operation, and maintenance of structural controls and treatment devices. 5. Control Measure Requiring Routine Maintenance — Any control measure that is still operating in accordance with its design and the requirements of this permit, but requires maintenance to prevent a breach of the control measure. See also Inadequate Control Measure. 6. Dedicated Asphalt, Concrete Batch Plants and Masonry Mixing Stations — Are batch plants or mixing stations located on, or within �/4 mile of, a construction site and that provide materials only to that specific construction site. 7. Diversion — Discharges of state waters that are temporarily routed through channels or structures (e.g., in -stream, uncontaminated springs, non -pumped groundwater, temporary rerouting of surface waters). October 1, 2024 3 Revision of Section 208 - Erosion Control 8. Final Stabilization — The condition reached when construction activities at the site have been completed, permanent stabilization methods are complete, and temporary control measures are removed. Areas being stabilized with a vegetative cover must have evenly distributed perennial vegetation. The vegetation coverage must be, at a minimum, equal to 70 percent of what would have been provided by native vegetation in a local, undisturbed area or adequate reference site. 9. Good Engineering, Hydrologic and Pollution Control Practices — Are methods, procedures, and practices that: A. Are based on basic scientific fact(s). B. Reflect best industry practices and standards. C. Are appropriate for the conditions and pollutant sources. D. Provide appropriate solutions to meet the associated permit requirements, including practice based effluent limits. 10. Inadequate Control Measure — Any control measure that is not designed or implemented in accordance with the requirements of the permit and/or any control measure that is not implemented to operate in accordance with its design. See also Control Measure Requiring Routine Maintenance. 11. Infeasible — Not technologically possible, or not economically practicable and achievable in light of best industry practices. 12. Minimize — Reduce or eliminate to the extent achievable using control measures that are technologically available and economically practicable and achievable in light of best industry practice. 13. Municipality - A city, town, county, district, association, or other public body created by, or under, State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or designated and approved management agency under section 208 of CWA (1987). 14. Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): A. Owned or operated by a State, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood October 1, 2024 4 Revision of Section 208 - Erosion Control control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to state waters; B. Designed or used for collecting or conveying stormwater; C. Are not a combined sewer; and D. Are not part of a Publicly Owned Treatment Works (POTW). See 5 CCR 1002- 61.2(62). 15. Municipal Stormwater Management Program — A stormwater program operated by a municipality, typically to meet the requirements of municipalities MS4 discharge certification. 16. Operator — The party that has operational control over day-to-day activities at a project site which are necessary to ensure compliance with the permit. This party is authorized to direct individuals at a site to carry out activities required by the permit (i.e., the general contractor). 17. Owner — The party that has overall control of the activities and that has funded the implementation of the construction plans and specifications. This is the party that may have ownership of, a long term lease of, or easements on the property on which the construction activity is occurring (e.g., Weld County). 18. Permittee(s) — The owner and operator named in the discharge certification issued under this permit for the construction site specified in the certification. 19. 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. See 5 CCR 1002- 61.2(76). 20. Presentation of Credentials — A government issued form of identification, if in person; or providing name, position and purpose of inspection if request to enter is made via telephone, email, or other form of electronic communication. A Permittee's non -response to a request to enter upon presentation of credentials constitutes a denial to such request, and may result in violation of the Permit. 21. Qualified Stormwater Manager — An individual knowledgeable in the principles and practices of erosion and sediment control and pollution prevention, and with the skills to assess conditions at construction sites that could impact stormwater quality and to assess the effectiveness of stormwater controls October 1, 2024 5 Revision of Section 208 - Erosion Control implemented to meet the requirements of this permit. Also referred to as Erosion Control Supervisor (ECS), SWMP Administrator, and/or Erosion Control Inspector (ECI). 22. Receiving Water - Any classified or unclassified surface water segment (including tributaries) in the State of Colorado into which stormwater associated with construction activities discharges. This definition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 23. Significant Materials — Include, but not limited to, raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the Permittee is required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA); fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 24. Spill — An unintentional release of solid or liquid material which may pollute state waters. 25. State Waters — Means any and all surface and subsurface waters which are contained in or flow in or through Colorado, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. 26. Stormwater — Precipitation runoff, snow melt runoff, and surface runoff and drainage. See 5 CCR 1002-61.2(103). 27. Upset — An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation in accordance with 40 CFR 122.41(n) and Regulation 61.2(114). I Materials 208.02. Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion control materials shall be subject to the following approval process: October 1, 2024 6 Revision of Section 208 - Erosion Control The material for control measures shall conform to the following: Table 208-1 — Approval Process for Erosion Control Materials Material Approval Process Notes Erosion Bales (Weed Free) COC The provide number, transit supplied Contractor certificate a or from transit a copy the shall certificate as of producer. the Silt Fence COC Silt Berm APL Erosion Log (Type 1, Type 2, and Type 3) COC Silt Dikes COC Prefabricated (above ground) Concrete Washout Structures APL Prefabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type I, II, and III) APL Table Notes: COC = Certificate of Compliance; APL= Approved Product List - - 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: 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 2 inch by 2 inch nominal. L�� a 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: October 1, 2024 7 Revision of Section 208 — Erosion Control Table 208-2 — Physical Requirements for Silt Fence Geotextiles Property Wire Requirements Fence Supported pp Self Requirements -Supported Geotextile Test Method Elongation <50°/0 Grab Strength, lbs. 90 minimum 124 minimum ASTM D4632 Permittivity sec -1 0.05 0.05 ASTM D4491 Ultraviolet Stabilit y Minimum 70% Retained Strength Minimum 70% Retained Strength ASTM D4355 (c) 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 .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. (d) Temporary Berms. Temporary berms shall be constructed out of onsite soil materials. Temporary berms shall be track compacted and stabilized to prevent erosion of the berm. Tracking shall be done up and down the slope of the berm to prevent the formation of rills. The cost of compacting and stabilizing the temporary berms including temporary seeding shall be incidental to the cost of the berms. (e) 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 subsection 712.08. (f) 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: Table 208-3 Silt Berm Dimensions Width 6 - 11 inches Height 6 - 10 inches Weight > 0.25 Ibs.isq. ft. Percent Open Area 20% - 50`)/0 October 1, 2024 8 Revision of Section 208 — Erosion Control (g) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. (h) 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 subsection 203.03. 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 subsection 712.08. (i) Erosion Logs. Erosion logs, also known as sediment control logs, shall be one of the following types unless otherwise shown on the plans: • 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, photodegradable 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 subsection 212.02. The compost -wood chip blend may be pneumatically shot into a geotextile cylindrical casing or be pre -manufactured. The geotextile casing shall consist of HDPE or polypropylene mesh (knitted, not extruded) with openings of 1/8 to 3/8 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. October 1, 2024 9 Revision of Section 208 - Erosion Control Wood stake acceptable tolerance +/- 1/8 inch. Stakes to secure erosion logs shall consist of pinewood or hardwood. Table 208-4 — Dimensions of Erosion Logs 3(Inches Diameter Type 1 ) Diameter Type (Inches) 2 Minimum Length (feet) g(pounds/foot) Maximum Length (feet) Weight (min) Stake (Inches) Dimensions 9 8 10 180 1.0 3/4" thickness width x 18 x 3/4" long 12 12 10 180 2.5 1.25" 1.5" thickness "width long x x 24" 20 18 10 100 4.0 1.5" 1.25" thickness width long x x 30" Table 208-5 — Index Values for Natural Fiber Netting Property Requirement Test Method Fabric Tensile Strength >70 lbs. ASTM D3822 Biodegradable 100% ASTM D5988 Mesh Pattern Rib (j) 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 208-6 — 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 De gradation g 70% of original hours unexposed grab breaking load after 500 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 208-7. r__ I _� f , �I�� II October 1, 2024 10 Revision of Section 208 — Erosion Control Table 208-7 — Silt Dike Segment Requirements Surface Nail Washers Soil Surface Installed in 4 inch more than deep 4 feet trench O.C. with (on 6 inch center) nails no 1 inch washers Hard Surface 1 inch concrete nails no more than 4 feet O.C. 1 inch washers free adhesive and solvent - (k) Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete and masonry 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 if 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 208-8. Concrete washouts shall be emptied when the capacity of the structure is 2/3 full. Table 208-8 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 (I) Prefabricated Concrete Washout Structure. Prefabricated Concrete Washout Structures shall be one of the following types unless otherwise shown on the plans: 1. Prefabricated 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 and masonry 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. Prefabricated 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 and masonry 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. The use of plastic swimming pools shall not be allowed. October 1, 2024 11 Revision of Section 208 — Erosion Control (m) 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 gradation requirements: Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion control geotextile underlying aggregate material shall be Class 2, conforming to subsection 712.08. Prefabricated or manufactured vehicle tracking pads may be used if specified in the Contract or if a submittal is approved by the Engineer. Multi -use pads shall consist of industrial grade materials and shall be designed to minimize sediment leaving the project. Prefabricated or manufactured vehicle tracking pads shall be cleaned in accordance with the manufacturer's recommendations or when the pad is filled up with 2.5 inches of sediment above the base of the mat, whichever is more stringent. Table 208-9 — Aggregate Gradation for Vehicle Tracking Pad Sieve Size Percent by weight Passing Square Mesh Sieves 75 mm (3 inch) 100 50 mm (2 inch) 0-25 19.0 mm (3/4 inch) 0-15 Minimum dimensions of the modular systems shall be: Table 208-10 — Minimum Dimensions for Vehicle Tracking Pad Width 12 feet Length of pad 35 feet Weight (min.) (lbs./sq. ft.) 8 Crush strength (min.) (psi) 400 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 Weld County. If pads weigh less than 8 pounds per square foot, an anchoring system approved by the manufacturer shall be used for pads placed on soil and hard surfaces. 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. _ in) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber L .I, 1 filled fabric with the following properties: October 1, 2024 12 Revision of Section 208 — Erosion Control Table 208-11 — Aggregate Bag 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: Table 208-12 — Geotextile Properties for Aggregate Bag 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`)/0 ASTM D4355 (o) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Table 208-13 Arc gregate Bag Dimensions for Storm Drain Inlet Protection Storm Drain Inlet Protection Properties Type I 2Type II 3Type III Diameter 4 in. 4 in. N/A Minimum Section Length 7 ft. 5 ft. 5 ft. A p ron Insert ___ 30 in. or grate sized to 30 in. or sized to grate Table Notes: I Type I protection shall be used with Inlet Type R. 2 Type II protection shall be used with Combination Inlet. Option A or B. 3 Type III protection shall be used with Vane Grate Inlet only. Option A or B. 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: Table 208-14 Woven Geotextile Fabric for Storm Drain Inlet Protection 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 CO E-22125-86 % ≥20 Water Flow Rate ASTM D4491 gal./min./sq. ft. ≥100 Ultraviolet Resistance ASTM D4355 % ≥70 October 1, 2024 13 Revision of Section 208 - Erosion Control 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, an on -site Environmental Preconstruction conference shall be held. The conference shall be attended by: (1) The Engineer. (2) The Superintendent. (3) The Contractor's Stormwater Management Plan (SWMP) Administrator. The SWMP Administrator is equivalent to the CDPS-SCP Qualified Stormwater Manager. (4) Supervisors or foremen of subcontractors working on the project. All subcontractors not in attendance at the Environment Pre -construction Conference shall be briefed on the project by the Engineer, Superintendent, and the SWMP Administrator prior to start of work. The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of attendees and add it to the SWMP. (5) (Deleted) (6) Weld County design professional who prepared or reviewed the SWMP. At this Conference, the attendees shall discuss the SWMP, CDPS-SCP, sensitive habitats on -site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Per Part I.D.1 of the CDPS-SCP, the required inspection schedules are a minimum frequency and do not affect the Contractor's responsibility to implement control measures in effective operating condition as prescribed in the SWMP. Proper maintenance of the control measures may require more frequent inspections. Site inspections shall start within 7 calendar days of the start of construction activities onsite. The person(s) inspecting the site may be on the Contractor's staff or a third party hired to conduct stormwater inspections under the direction of the Contractor(s). The Contractor is responsible for ensuring that the inspector meets the definition of a Qualified Stormwater Manager. Per Part I.C.1.a through c of the CDPS-SCP, the SWMP shall be prepared in accordance with good engineering, hydrologic, and pollution control practices. The provisions of the October 1, 2024 14 Revision of Section 208 - Erosion Control SWMP shall be implemented as written and updated from the commencement of construction activity until final stabilization is complete. The Colorado Department of Public Health and Environment (CDPHE) may review the SWMP. Prior to beginning construction, the Contractor shall evaluate the project site for stormwater 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, and agricultural irrigation flows. If such flow is identified, control measures shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The control measures may include a diversion or a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted or piped shall be treated as construction runoff and adequate control measures shall be employed. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Before beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP Site Map (Site Map). Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation (vegetative buffers) from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in subsection 208.03(b). Upgradient control measures shall be installed immediately adjacent to vegetative buffers. 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 Site Map. The approved control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. (a) Project Review. The Contractor may submit modifications to the Contract's control measures 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. October 1, 2024 15 Revision of Section 208 - Erosion Control 4. Schedules for accomplishing all erosion and sediment control work. 5. Effects on permits or 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. (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. Temporary control measures shall be installed prior to commencing construction activities associated with water quality. The project schedule shall include erosion and sediment control work for haul roads, borrow pits, storage and asphalt or concrete batch sites, and all areas within the LOC. 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 SWMP Administrator shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented u ntil 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 assessment of site conditions. 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 CDOT. The Superintendent cannot serve in an ECM role. The Erosion Control Inspector (ECI) and the SWMP Administrator may be the same person in projects with not more than 40 acres of disturbed area. The ECI and the SWMP Administrator are equivalent to the CDPS-SCP Qualified Stormwater Manager. The SWMP Administrator and the ECI shall be dedicated 100 percent of the time to the project. The SWMP Administrator and the ECI shall be capable of installing, maintaining, and repairing the control measures on the project. If there is n o ECI for the project, the SWMP Administrator shall be responsible for performing the ECI's duties as outlined below. ECM staff shall implement and maintain control measures in effective operating condition. At any time, regardless of the inspection schedule, Weld County or the Contractor shall identify control measures requiring corrective action. Identified n oncompliance shall be corrected immediately, but no later than 24 hours from the time of observation. Discharges outside of the LOC or spills occurring within the project shall be addressed upon observation. The Contractor shall ensure that the ECM staff for the project have the resources to respond to any issues immediately. October 1, 2024 16 Revision of Section 208 — Erosion Control This includes pulling resources from other portions of the project to address any issues. 1. SWMP Administration. The SWMP Administrator shall maintain the SWMP. Record the name of the SWMP Administrator on the SWMP Section 3.B. The SWMP Administrator shall have full responsibility to maintain and update the SWMP and identify to the Superintendent critical action items needed to conform to the CDPS-SCP as follows: A. Complete the SWMP as described in subsection 208.03(d). Initial and date changes to the SWMP. B. Participate in the Environmental Pre -construction Conference. C. Attend weekly erosion and sediment control meetings. D. Attend all Department -led Monthly Audit Reports (MARs). E. Coordinate with the Superintendent to implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. F. Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. G. During construction, update the SWMP Site Map to reflect current field conditions and include, at a minimum, the following: (1) Limits of Construction (LOC). (2) Areas of disturbance (AD), including areas of borrow and fill. (3) Limits of Disturbance (LDA). (4) Areas used for storage of construction materials, equipment, soils, and/or wastes. (5) Location of dedicated asphalt, concrete batch plants, and masonry mixing machines. (6) Location of construction offices and staging areas. (7) Location of work access routes during construction. October 1, 2024 17 Revision of Section 208 - Erosion Control (8) Location of waste storage areas, including areas for liquid, concrete, masonry, and asphalt. (9) Location of temporary, interim, and permanent stabilization. (10) Location of outfalls. (11) Flow arrows that depict stormwater flow directions on -site and runoff direction. (12) Location of structural and non-structural control measures. (13) 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. (14) Location of stream crossings located within the LOC. (15) A clear and legible map legend or control measure key with symbology that applies uniformly across all Site Maps. (16) Protected trees, shrubs, mature vegetation, and cultural resources. (17) Locations of pumped stormwater including intake and discharge points. (18) Locations of dewatering activities covered under the CDPS-SCP, low risk guidance, (19) Locations where alternative temporary stabilization schedules apply. H. The SWMP shall reflect the field conditions and shall be amended to reflect the date and identification of changes to control measures, including the following: (1) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised control measures; or (2) Changes when the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. (3) Changes when control measures are no longer necessary and are removed. October 1, 2024 18 Revision of Section 208 — Erosion Control (4) Corrective actions that are taken onsite and result in a change to the SWMP. (5) The site or areas of the site qualifying for reduced frequency inspections. For SWMP revisions made prior to or following a change(s) onsite, including revisions to sections addressing site conditions and control measures, a notation must be included in the SWMP that identifies the date of the site change, the control measure removed, or modified, the location(s) of those control measures, and any changes to the control measure(s). The Contractor's SWMP Administrator shall ensure the site changes are reflected in the SWMP. The Contractor is noncompliant with the CDPS-SCP until the SWMP revisions have been made. I. Complete vegetative survey transects when required in accordance with CDOT Erosion Control and Stormwater Quality Guide. J. Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. K. Document all inspection and maintenance activities. Keep the SWMP and documentation on the project site. L. Add a narrative when adding or revising control measures in the SWMP, including drawings, dimensions, installation information, materials, implementation processes, control measure -specific inspection expectations, and maintenance requirements of the control measure. Non-standard details must be approved by the Engineer prior to installation. M. If using existing topography (landform), vegetation, etc. as a control measure, label it as such on the Site Map; add a narrative as to when, where, why, and how the control measure is being used. N. Indicate control measures in use or not in use by recording them on Standard Plans M-208-1, M-216-1, and M-615-1 in the SWMP. O. Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts. P. Update the potential pollutants list in the SWMP and Spill Response Plan throughout construction. October 1, 2024 19 Revision of Section 208 — Erosion Control Q. Do not use vegetative buffers as a sole control measure. Use them only as the final stage of a treatment train. R. Install, maintain, and repair control measures as required. 2. Erosion Control Inspector. One ECI is required for every 40 acres of total disturbed area which is currently receiving temporary and interim stabilization measures as defined in subsection 208.04(e). An ECI shall not be responsible for more than 40 acres in the project. Accepted permanent stabilization methods as defined in subsection 208.04(e) will not be included in the 40 acres. Coordinate with the SWMP Administrator on reporting the results of inspections and how to install and inspect the control measure. The ECI duties include the following inspection duties: A. Form 1176 Inspections. The ECI shall conduct Form 1176 Inspections every seven days at a minimum. Form 1176 Inspections shall be conducted before commencing construction activities associated with water quality. Inspection types include: (1) Routine Form 1176 Inspection. Conduct with the Superintendent and the Engineer, or their designated representatives, all areas noted in subsection 208.03(c)(2)(B). When a MAR is conducted that meets all requirements of subsection 208.03(c)(2)(B), it may be counted as a Routine Form 1176 Inspection. If any portion of the requirements listed in subsection 208.03((c)(2)(B) are not met by the MAR, a Routine Form 1176 Inspection shall be conducted to address the remaining requirements. The ECI shall document in the Corrective Action Log of the Form 1176 that a MAR occurred. (2) Winter Conditions. Routine Form 1176 Inspections are not required at sites when all of the following conditions are met: i. Construction activities associated with water quality are temporarily halted, ii. Snow cover exists over the entire site for an extended period (i.e., high -elevation winter season), October 1, 2024 20 Revision of Section 208 — Erosion Control iii. Melting conditions posing a risk of surface erosion do not exist. The winter conditions exception is applicable only during the period where melting conditions do not exist and applies to the Form 1176 Inspections. When this inspection exclusion is implemented, the following information must be documented on Form 1176: dates when snow cover existed, date when construction activities ceased, and date melting conditions began. (3) Conduct post -storm event inspections within 24 hours after the end of any precipitation or snowmelt event that may cause surface erosion. If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to commencing construction activities, but no later than 72 hours following the storm event. Document delay in inspections in the inspection report. Form 1176 (Stormwater Field Inspection Report — Active Construction) shall be used for all inspections following storm events. The Contractor shall notify the ECI when a storm event occurs. (4) Per Part I.D.2.c of the CDPS-SCP, when site conditions make the above inspection frequencies impractical, the Contractor may submit an alternative inspection schedule to the Engineer for approval. The alternative inspection schedule shall not be implemented before the Engineer's written approval and incorporation into the SWMP. The reason for an alternative inspection schedule shall be provided on the SWMP Inspection Report and shall be documented on the SWMP calendar. (5) Per Part I.D.4 of the CDPS-SCP, site inspections may be performed at a reduced frequency when one or more of the following conditions exist: a. Post -storm inspections at temporarily idle sites — If no construction activities will occur following a storm event, post - storm inspections shall be conducted before re -commencing construction activities, and no later than 72 hours following the storm event. The inspection delay shall be documented in the inspection record. Routine inspections shall still be conducted at least every 14 days. October 1, 2024 21 Revision of Section 208 - Erosion Control b. Inspections at Completed Sites/Areas — When the site or portions of a site are awaiting establishment of a vegetative ground cover and final stabilization, a thorough inspection of the stormwater management system shall be conducted at least once every 30 days. Post -storm inspections are not required under this schedule. This reduced inspection schedule is allowed if all of the following criteria are met: i. all construction activities resulting in ground disturbance are complete, ii. all activities required for final stabilization have been completed with the exception of seeding that has not occurred due to seasonal constraints, or the necessity for additional seed application to augment previous efforts, and iii. the SWMP has been amended to locate those areas to be inspected in accordance with the reduced schedule. B. Form 1176 Inspection Points (1) Form 1176 Inspections and post -storm inspections shall include inspection of the following areas for evidence of, or the potential for, pollutants leaving the LOC, entering the stormwater drainage system, or discharging to state waters: i. Construction site perimeter. ii. All disturbed areas, including areas that are temporarily stabilized. iii. Designated haul routes. iv. Material and waste storage areas exposed to precipitation. v. Locations where stormwater has the potential to discharge offsite. vi. Locations where vehicles exit the site. vii. Locations of pumped stormwater, including all intake and discharge points. viii. Staging Areas. October 1, 2024 22 Revision of Section 208 — Erosion Control (2) While inspecting, evaluate and document on the Form 1176: i. Visually verify whether all implemented control measures are in effective operational condition and are working as designed in their specifications to minimize pollutant discharges. ii. Determine if there are new potential sources of pollutants. iii. Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. iv. Identify all areas of non-compliance with the CDPS-SCP requirements and, if necessary, implement corrective action per the CDPS-SCP. v. When pumped stormwater discharges offsite, assess the adequacy of control measures for pumped stormwater (for example, sediment plume, suspended solids, unusual color, decreased clarity, presence of odor or foam, or other evidence of pollutants). vi. The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. C. Inspection Documentation Form 1176 (Stormwater Field Inspection Report — Active Construction) shall be used for all Form 1176 Inspections. The ECI shall fill out the Form 1176 in full. During inspection, the ECI shall note any findings on the Form 1176's Corrective Action Log. The Corrective Action Log shall note in the appropriate column: findings, location, control measure being assessed, finding type (additional, repair, or remove), and a description of the corrective action needed. When additional line items for multiple findings are needed, print out additional Correction Actions Logs from the Form 1176. Any finding not completed from the previous Form 1176 Inspection shall be noted on the current Form 1176 as a current action item. October 1, 2024 23 Revision of Section 208 - Erosion Control Compliance Certification on Form 1176 shall be signed when all corrective actions are noted as corrected or if no findings are noted on the Form 1176 Inspection. D. Corrective Actions and Interim Responses When addressing findings noted in section 208.03(c)(2)(C), note all corrective actions on the Form 1176 Corrective Action Log. (1) Corrective Action Response Time. All findings noted on Form 1176 shall be corrected immediately, but no later than 24 hours from the time of observation. Findings associated with discharges outside of the LOC or spills occurring within the project shall be addressed immediately upon observation. The ECI shall document the completion date of each corrective action on the Form 1176 Corrective Action Log. (2) When a finding cannot be completed immediately within the Corrective Action Response Time of 24 hours, an Interim Action Response Plan shall be submitted to the Engineer for each finding under consideration. The Interim Action Response Plan shall include: Individual finding that is being requested for Interim Action Response ii. Reason why each finding cannot be corrected within the Corrective Action Response Time. iii. Additional control measures to be implemented until each finding is corrected and accepted. iv. Milestones to measure progress toward completion and projected corrective completion dates for each finding. The Department will discuss the Interim Action Response Plan request and may meet with the Superintendent to recommend modifications to the plan. The Engineer will initial and date each line item on the Form 1176's Corrective Action Log when the plan is accepted. Preparation of Interim Action Response Plan documentation and additional materials, including additional control measures, required to complete the plan shall be at the Contractor's expense. The Corrective Action Response Time in 208.03(c)(2)(D)(1) must be met unless the Interim Action Response Plan is approved. E. Noncompliance Reporting. The Contractor shall immediately report the following circumstances to the Project Engineer. The Contractor shall October 1, 2024 24 Revision of Section 208 — Erosion Control notify CDPHE-WQCD immediately, but no later than 24 hours from the time of observation. The Contractor shall be responsible for all follow-up correspondence, requirements, and timelines noted within the CDPS- SCP. Reportable circumstances include: (1) Noncompliance that may endanger health or the environment, regardless of the cause of the incident. (2) Unanticipated bypass that exceeds any effluent limitations per the CDPS-SCP. (3) Upset conditions that causes an exceedance of any effluent limitation per the CDPS-SCP. (4) Daily maximum violations for any of the pollutants limited by the CDPS-SCP. This includes any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. F. Upon observation, spills, leaks, or overflows must immediately be contained and disposed of properly. 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. G. Form 1388 Inspections. Review the construction site on all days during which work activities are occurring and all days following a storm event for compliance with the CDPS-SCP. The ECI shall complete a Form 1388 daily identifying any maintenance items that are found. The completed Form 1388 shall be signed by the ECI or SWMP Administrator and placed in the SWMP Notebook. If maintenance is needed for the control measures, the SWMP Administrator, Superintendent, and Project Engineer shall be notified. Any identified maintenance shall be immediately performed by the Contractor. The ECI shall be capable of installing, maintaining, and repairing the various control measures on the project. (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the Weld County field office or at another on -site location approved by the Engineer during construction: October 1, 2024 25 Revision of Section 208 - Erosion Control 1. SWMP. The Engineer will provide an approved SWMP design at the Pre - construction Conference, which is and shall remain the property of Weld County. The SWMP shall be available up request to the CDPHE-WQCD, or EPA. Before construction, Weld County will provide the documentation for items (A) through (D), and (R) as listed below, when available. The Contractor shall provide the contents required for items (E) through (Q) as well as items (A) through (D) and (R) when they were unavailable to Weld County. The SWMP shall be stored in the Weld County field office or at another on -site location approved by the CDPHE-WQCD. The SWMP Administrator shall modify and update the SWMP as needed to reflect actual site conditions within 2 calendar days of the change. Per Part I.C.4 of the CDPS-SCP, a copy of the SWMP must be provided upon request to the CDPHE, EPA, and any local agency with authority for approving sediment and erosion plans, grading plans, or stormwater management plans. If the SWMP is required to be submitted to any of these entities, the submission shall include a signed certification certifying that the SWMP is complete and compliant with all terms and conditions of the permit. The certification shall state: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The SWMP required under the CDPS-SCP are considered reports that must be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the CDPS regulations. The Permittee shall make plans available to members of the public upon request. However, the Contractor may claim any portion of the SWMP as confidential in accordance with 40 CFR Part 2. The following Contract documents and reports shall be kept, maintained, and updated in the SWMP under the appropriate items by the SWMP Administrator: A. (Tab 1) SWMP Plan Sheets — Notes, tabulation, site description. The SWMP site description shall include, at a minimum, the following: (1) The nature of the construction activity at the site, including if it is a public emergency related site. October 1, 2024 26 Revision of Section 208 — Erosion Control (2) The proposed schedule for the sequence for major construction activities and the planned implementation of control measures for each phase. (clearing, grading, utilities, vertical, etc.) (3) Estimates of the total acreage of the site, and the acreage expected to be disturbed by clearing, excavation, grading, or any other construction activities including areas of borrow and fill. (4) A description of the erodibility of identified soil types and a summary of any existing data used in the development of the construction site plans or SWMP that describe the soil or existing potential for soil erosion. (5) A description of the percent of existing vegetative ground cover relative to the entire site and the method for determining the percentage, in accordance with CDOT Erosion Control and Stormwater Quality Guide. If a percent cover is not appropriate for the site location (i.e., arid), describe the technique and justification for the identified cover of vegetation. (6) A description of any allowable non-stormwater discharges at the site, including those being discharged under a division low risk discharge guidance policy, and the applicable control measures installed. (7) A description of areas receiving discharge from the site. Including a description of the immediate source receiving the discharge. If the stormwater discharge is to a municipal separate storm sewer system, the name of the entity owning the system, the location of the storm sewer discharge, and the ultimate receiving water(s). (8) A description of all stream crossings located within the construction site boundary. (9) A description of the alternative temporary stabilization schedule, if applicable. (10) A description of the alternative diversion criteria as approved by CDPHE-WQCD, if applicable. B. (Tab 2) SWMP Site Maps and Project Plan Title Sheet. C. (Tab 3) Specifications — Standard and project special provisions related to stormwater and erosion control. October 1, 2024 27 Revision of Section 208 - Erosion Control D. (Tab 4) Standard Plans M-208-1 and M-216-1. E. (Tab 5) Control Measure Details not in Standard Plan M-208-1 or M-216- 1 — Non-standard details. F. (Tab 6) Weekly meeting sign -in sheet and weekly meeting notes. G. (Tab 7) Calendar of Inspections — Calendar of inspections marking when all Form 1176 and MARs inspections take place. H. (Tab 8) Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, and 1388). I. (Tab 9) All Monthly Audit Reports (MAR) and Form 105(s) relating to Water Quality. J. (Tab 10) Description of Inspection and Maintenance Methods — Description of inspection and maintenance methods implemented at the site to maintain all control measures identified in the SWMP and items not addressed in the design. K. (Tab 11) Spill Prevention and Response Plan — Per Part I.C.2.a.ii of the CDPS-SCP, the plan may incorporate by reference any part of a Spill Prevention Control and Countermeasure (SPCC) plan under Section 311 of the Clean Water Act (CWA) or Spill Prevention Plan required by a separate CDPS Permit. Reports of reportable spills submitted to CDPHE- WQCD. L. (Tab 12) List and Evaluation of Potential Pollutants — List of potential pollutants as described in subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts. Per Part I.C.2.a.iv of the CDPS-SCP, the SWMP shall describe the handling procedures of all control measures implemented at the site to minimize impacts from handling significant materials that could contribute pollutants to runoff. These handling procedures may include control measures for pollutants and activities such as, exposed storage of building materials, paints and solvents, landscape materials, fertilizers or chemicals, sanitary waste material, trash and equipment maintenance or fueling procedures. M. (Tab 13) Other Correspondence including agreements with other MS4s, approved deferral request, CDPHE-WQCD audit documentation, Water Quality Permit Transfer to Maintenance Punch List, and other October 1, 2024 28 Revision of Section 208 — Erosion Control miscellaneous documentation such as documented use agreements for areas outside of the permitted area. N. (Tab 14) TECS Certifications of the SWMP Administrator and all ECIs, kept current through the life of the Project. O. (Tab 15) Environmental Pre -construction Conference — Conference agenda with a certification of understanding of the terms and conditions of the CDPS-SCP and SWMP. All attendees shall sign the certification. 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 Environmental Pre -construction Conference has been held. P. (Tab 10) Project Environmental Permits — All project environmental permits and associated applications and certifications, including: CDPS- SCP, USACE 404, temporary stream crossings, dewatering, biological opinions, emergency projects, low risk discharge guidance, and all other permits applicable to the project, including any separate CDPS-SCP obtained by the Contractor for staging areas on private property, asphalt plants, or concrete batch plants. Q. (Tab 17) Photographs Documenting Existing Vegetation — Project photographs shall include the following information with the record: project number, project code, name of the person who took the picture, date, and time the picture was taken, and location and approximate station number or mile marker. The Contractor shall submit photographs documenting existing vegetation, prior to construction commencing, on paper with a maximum of four colored images per side of 8 1/2 inch by 11 -inch sheet or a digital copy on CD-ROM/Flash Drive (JPG format) as directed by the Engineer. R. (Tab 18) Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent water quality structures and riprap. 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. The SWMP Administrator shall finalize the SWMP for Weld County use upon completion of the project. The Engineer shall approve SWMP completeness. Corrections to the SWMP shall be made at the Contractor's expense. Per Part I.C.2.ix of the CDPS-SCP, the SWMP shall also: October 1, 2024 29 Revision of Section 208 — Erosion Control (i) Document the constraints necessitating an alternative temporary stabilization schedule, provide the alternative stabilization schedule, and identify all locations where the alternative schedule is applicable on the site map. (ii) Describe and locate the methods used to achieve final stabilization of all disturbed areas at the site. (iii) Describe the measures used to establish final stabilization through vegetative cover or alternative stabilization method, and describe and locate any temporary controls measures in place during the process of final stabilization. (iv) Describe and locate any planned permanent control measures to control pollutants in stormwater discharges that will occur after construction operations are completed, including but not limited to, detention/retention ponds, rain gardens, stormwater vaults, etc. Once the project is deemed complete, a final SWMP walkthrough shall be scheduled with the Engineer. Once the walkthrough has been completed and all erosion control requirements for permanent stabilization have been accepted by Weld County, the Contractor shall transfer the CDPS-SCP to Weld County. The SWMP notebook has to be up to date with all signatures and shall be complete prior to transferring the CDPS-SCP to Weld County. The Contractor is responsible for maintenance and weekly inspections until the CDPS-SCP is transferred to Weld County. Project Final Acceptance shall not be issued until the CDPS-SCP is transferred to Weld County. 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: The Engineer, the Superintendent, and the SWMP Administrator shall conduct a weekly meeting with supervisors involved in construction activities that could adversely affect water quality. The meeting shall follow an agenda prepared by the Contractor, or a designated representative, and have a sign in sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of water quality comments and action items at each weekly meeting and place the agenda and sign in sheet in the SWMP. At this meeting the following shall be discussed and recorded in tab 0 of the SWMP: (1) Maintenance, regular, recalcitrant, chronic, and severe inspection findings. October 1, 2024 30 Revision of Section 208 — Erosion Control (2) Unresolved issues from previous Form 1176 inspections and/or MARs. (3) Requirements of the SWMP. (4) Problems that may have arisen in implementing the site specific SWMP or maintaining control measures. (5) Control measures that are to be installed, removed, modified, or maintained, and associated SWMP modifications. (6) Planned activities that will affect stormwater in order to proactively phase control measures. All subcontractors not in attendance at the Environmental Pre -construction Conference shall be briefed on the project by the Engineer, Superintendent, and the SWMP Administrator before start of work. The SWMP Administrator shall record the names of these subcontractors as an addendum to the list of attendees and add it to the SWMP. 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 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 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 in accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the LOC in accordance with all applicable regulations. Concrete or masonry 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 preapproved containment area 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. The uses of recycled concrete from permitted recycling facilities shall be in accordance with Section 203. October 1, 2024 31 Revision of Section 208 — Erosion Control (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 CDOT 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-WQCD, 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 Weld County ROW and outside easements acquired by Weld County for construction, are the responsibility of the Contractor. These areas shall be subject to a separate CDPS-SCP and all other necessary permits, as they are considered a common plan of development if within a 14 mile of the construction site. The Contractor shall acquire these permits and submit copies to the Engineer before any disturbance. These permits shall be acquired, and all erosion and sediment control work performed at the Contractor's expense. These areas are subject to audits by Weld County or any other agency. A documented use agreement between the permittee and the owner or operator of any control measures located outside of the LOC that are utilized by the permittee's construction site for compliance with the CDPS-SCP, but not under the direct control of the permittee shall be placed in the project's SWM P. (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. 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. Daily Stabilization. At the end of each working day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination October 1, 2024 32 Revision of Section 208 — Erosion Control 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, roadbed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive daily stabilization. Other stabilization measures may be implemented, as approved. The maximum area of daily stabilization (excluding areas of designated topsoil) shall not exceed 20 acres. 2. Temporary Stabilization. Temporary stabilization shall be implemented for earth disturbing activities on any portion of the site where construction activities associated with water quality have permanently or temporarily ceased for more than 14 calendar days. These areas shall be stabilized using one or more of the following methods: A. Application of 1.5 tons per acre of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. B. Placement of bonded fiber matrix per Section 213. C. Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, per Section 213. D. Application of spray -on mulch blanket per Section 213. Magnesium Chloride, Potassium Chloride, and Sodium Chloride or other salt products shall not be used as a stabilization method. E. Topsoil stockpiles shall receive temporary stabilization unless specified per Section 207 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 is not permitted. As soon as the Contractor knows shutdown is to occur, temporary stabilization shall be applied to the disturbed area. Protection of the temporary stabilization method is required. Reapplication of temporary 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 permanent asphalt or concrete pavement, riprap, road shouldering, etc., or a combination as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used if approved in writing by the Engineer. Permanent stabilization requirements shown on the plans shall be completed within four working days of the placement of the topsoil per Section 207. October 1, 2024 33 Revision of Section 208 - Erosion Control 5. Final Stabilization. Final stabilization is achieved when all ground -disturbing activities at the site have been completed, permanent stabilization methods are complete, temporary control measures are removed, and uniform perennial 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. The vegetation coverage must be, at a minimum, equal to 70 percent of what would have been provided by native vegetation in a local, undisturbed area or adequate reference site. Once the CDPS-SCP is transferred, Weld County will be responsible for ensuring all temporary control measures are removed from the construction site once final stabilization is achieved, except when the control measure specifications allow the control measure to be left in place (i.e., bio-degradable control measures). Maintenance. Per Part I.B.1.a.iii.3.b of the CDPS-SCP, the Contractor must ensure that all control measures remain in effective operating condition and are protected from activities that would reduce their effectiveness. Control measures must be maintained in accordance with good engineering, hydrologic and pollution control practices. 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 the CDPS-SCP has been transferred to Weld County. 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 more than the effective height of the erosion control device shown in Section 208.05. 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 Contactor's expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures 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 immediately per 208.03(a)(2)(D). October 1, 2024 34 Revision of Section 208 — Erosion Control Approved new or replaced control measures will be measured and paid for in accordance with subsections 208.11 and 208.12. 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. Damage to seeded areas or to mulch materials due to Contractor negligence shall be immediately restored at the 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 upon completion of the project, as determined by the Water Quality Partial Acceptance walk-through. 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. 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 subsection 107.25(b). 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-218-1, and with the following: October 1, 2024 35 Revision of Section 208 - Erosion Control (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. The Contractor shall remove all sediment and debris from the bale when 1/4 of the bale height (as measured on the upstream side of the bale at the center of the bale) has been filled with sediment or as directed by the Engineer. (c) Silt Fence. Silt fence shall be installed in locations specified in the Contract. The Contractor shall remove all accumulated sediment and debris from behind the silt fence when the sediment has accumulated to a maximum of 6 inches behind the silt fence or as directed by the Engineer. (d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently compacted to prevent erosion or failure. The Contractor shall remove all accumulated sediment and debris from behind the temporary berms when the sediment has accumulated to a maximum of 6 inches behind the berm or as directed by the Engineer. (e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract and graded to drain to a designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. The construction of temporary diversions shall comply with CDPHE's Guidance for Diversion of State Waters and shall be lined or piped through or around the project site to avoid contact with construction activities. If the diversion erodes or fails, it shall be repaired or replaced upon observation at the Contractor's expense. (f) (9) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. Temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. Silt Berm. Before installation of silt berms, the Contractor shall prepare the surface of the areas where 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. 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 Contractor shall remove all sediment and debris from the rock check dam when 1/3 of the original dam height (as measured at the upstream side center) has been filled with October 1, 2024 36 Revision of Section 208 — Erosion Control sediment or as directed by the Engineer. If the rock check dam fails, it shall be immediately repaired or replaced at the Contractor's expense. 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 as shown on the plans. 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 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. 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 subsection 208.04(f). (I) Erosion Logs. Erosion logs, also known as sediment control 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. October 1, 2024 37 Revision of Section 208 — Erosion Control The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. The Contractor shall remove all accumulated sediment and debris when the sediment accumulation reaches I/2 the height of the log. (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 2 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 the Engineer provides written acceptance of location. Implement control measures designed for concrete washout waste. An impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-2 or use a prefabricated washout. Meet the following requirements: 1. The structure shall contain all concrete and masonry washout water. 2. Stormwater shall not carry wastes from washout and disposal locations. 3. The structure 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 subsection 107.25. 4. The structure shall be signed as "Concrete Washout". 5. The structure 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. Do not add soaps, solvents, detergents, flocculants, and acid to wash water. 9. Surround the structure on three sides by a compacted berm. 10. The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction equipment and to aid in identification of the October 1, 2024 38 Revision of Section 208 — Erosion Control concrete washout area. The construction fencing will not be measured and paid for separately but shall be included in the work. 11. Concrete and masonry waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. (o) Prefabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: 1. Structure shall contain all concrete and masonry washout water. If bins are determined to be leaking, the Contractor shall replace the bin onsite and clean up the spilled material. 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. Sign the prefabricated structure as "Concrete Washout". Sign can be on portable bin. 3. The structure 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. Do not add soaps, solvents, detergents, flocculants, and acid to wash water. 6. Concrete and masonry waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. 7. Do not move prefabricated structures 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. Check and maintain washout areas as required. Do not allow on -site permanent disposal of concrete washout waste. 10. 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. 11. 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. October 1, 2024 39 Revision of Section 208 — Erosion Control (P) (q) 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 but will not be measured and paid for separately. The use of prefabricated VTPs is highly encouraged. Prior to delivery to the site, the Contractor shall provide a submittal to the Engineer for review and approval. The prefabricated VTP shall not be installed until written acceptance is provided by the Engineer. Detention Pond. Permanent detention ponds shown on the plans may be used as temporary control measures if 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. 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 shall not be placed in concentrated flow areas. Aggregate bags shall be to conform to the surface without gaps to ensure that discharge water does not cause erosion. The Contractor shall remove all accumulated sediment and debris when the sediment accumulation reaches 1A the height of the bag. If the bag fails or is damaged, it shall be immediately repaired or replaced at the Contractor's expense. (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. October 1, 2024 40 Revision of Section 208 — Erosion Control (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. (u) Topographical (Landform) Controls. Topographical controls consist of existing or created landforms that minimize sediment from entering or leaving the areas of disturbance. If a landform directs flow of water to a concentrated outfall point, the outfall point shall be protected to prevent erosion and withdraw water from or near the surface. (v) Temporary Stream Crossing. Temporary stream crossings shall be completed by the Contractor in close coordination with the appropriate regulatory agencies. Temporary stream crossings shall be constructed in such a manner as to prevent impacting water quality and flows in the drainageway. The plans have a typical detail showing only the intent of the crossing. The Contractor shall retain a Professional Engineer who shall be responsible for providing a professional engineering analysis and design to show the details required to achieve the requirements for the crossing. The Contractor's Engineer shall stamp, date, and sign the revised typical detail. A separate professional analysis shall be completed for each temporary stream crossing. Temporary stream crossings shall be designed to be overtopped by high flows, debris laden flows, or ice laden flows. Design the crossing to pass the peak flow from a 2 -year frequency, 24 -hour duration storm event. The design shall include a designated overflow route for storm events greater than the 2 -year frequency, 24 - hour duration storm event and provide a protected overflow path. In cases where channel banks are overtopped by this design storm event, the crossing structure shall be designed and constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. The design capacity of the crossing structure shall not create a damaging or potentially damaging increase in flood heights (<0.10 feet) or velocities over existing conditions. It shall not create a threat to public health, safety and welfare or impair the natural hydrologic functions of the floodplain or channel. Approach grades to the temporary crossing shall be less than 10%. The width of the crossing shall be sized to the vehicles using the crossing and to prevent spillage directly into the stream. Temporary stream crossings represent channel constrictions in most cases and thus they shall be in service for the shortest practical period of time and shall be removed as soon as their purpose is complete to avoid the potential to cause or exacerbate flooding. Locations for temporary stream crossings shall be selected where erosion potential is low by evaluating channel geometry, slopes and side slope material. Evaluate the October 1, 2024 41 Revision of Section 208 — Erosion Control stream channel conditions, overflow areas, and surface runoff control at the site before choosing the location and type of crossing. Ensure that velocity at design flow at the outlet of the crossing structure is nonerosive for the receiving stream channel. To ensure nonerosive velocities, the Contractor's Engineer shall carefully evaluate the placement of the crossing, the size of the downstream opening in the crossing, and flow velocities under all conditions. Aggregate used for the roadway approach and crossing shall be properly sized based on expected flows and velocities. A minimum layer of stone that is I/2 the diameter of the culvert pipe or 12 inches thick, whichever is greater shall be used. The drainageway shall be crossed in a straight reach, rather than on a bend, if possible. Crossings shall be installed as close to perpendicular to the stream channel flow path as possible. The Contractor shall ensure that all necessary materials and equipment are on -site prior to any the start of any work. The construction shall be completed in an expedient manner so the crossing can be removed and then any disturbed areas stabilized immediately. Equipment, materials, and/or vehicles shall not be stored on the crossing. Upon removal of the crossing, the portion of the side slope that is above the observed water elevation shall be stabilized as specified in the plans prior to accepting flows. The substrate and toe of slope that has been disturbed due to construction activities shall be restored to proposed or preconstruction conditions and fully stabilized prior to accepting flows. The area of ground disturbance shall be limited and appropriate soil erosion and sediment control measures shall be implemented. Alteration to the stream banks and bed shall be kept to the minimum necessary for an effective and safe crossing. Fish passage shall be evaluated when crossing a stream with aquatic life, which may require an assessment of what is present in the stream. Timing of crossing activities shall avoid impacting fish spawning runs. Impacts to mussel beds and endangered or threatened species shall be avoided. The temporary stream crossings shall be inspected after runoff -producing precipitation events to check for blockage in channel, erosion of abutments, channel scour, riprap displacement, or piping. Repairs shall be made immediately to prevent further damage to the structure. Temporary stream crossings shall be immediately removed when they are no longer needed. The channel shall be restored to its original cross-section, smoothed, and all disturbed areas shall be stabilized. 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 October 1, 2024 42 Revision of Section 208 - Erosion Control place as specified in subsections 107.25(b) or 208.06(c). 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 Coordinator. 2. Locations of areas on the project site where equipment fueling, and servicing operations are permitted. 3. Location of clean-up kits. 4. Quantities of chemicals and locations stored on -site. Secondary containment is required for bulk storage over 55 gallons. 5. Label system for chemicals and Safety Data Sheets (SDS) for products. October 1, 2024 43 Revision of Section 208 - Erosion Control 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 groundwater or have the potential to do so. 8. A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. (d) Equipment Washing. When washing applicators and containers used for paint, form release oils, curing compounds, or other similar construction materials, the wash water must be directed into a leak -proof container. Liquid and hardened wastes shall be removed from the site and disposed of properly. 208.07 Stockpile Management. Material stockpiles shall be located 60 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 (LDA). The Contractor shall limit construction activities to those areas within the LDA 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 LDA 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 CDPS-SCP application and indicate changes to locations and quantities on the SWMP. The Contractor shall report the changes and additional disturbances to the Engineer, CDPHE-WQCD, and all other involved agencies. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. The Department will identify and document findings not in compliance with the Water Quality Specifications, as specified in subsection 208.09(a)7, during MARs. The Engineer will immediately notify the Contractor of these findings by issuing Form 105. Failure by the Contractor to clarify a October 1, 2024 44 Revision of Section 208 - Erosion Control finding location with the Engineer shall not interrupt the timelines noted in subsection 208.09(b). The Contractor shall comply with the Water Quality Specifications as specified in Subsection 208.09(a)(7) and the CDPS-SCP. Failure to comply with the requirements of this section may result in liquidated damages as outlined below from the County and/or monetary penalties from CDPHE for which the Contractor is responsible. The following procedures shall be implemented to ensure the Contractor is meeting the CDPS-SCP, Section 107.25, and Section 208 requirements. Timelines noted in subsection 208.09(b) do not indemnify the Contractor from failing to comply with CDPS-SCP timelines for corrective actions. Corrective actions must be addressed in accordance with subsection 208.03(c)(2)(D). Findings shall be corrected immediately. Findings which cannot be corrected immediately shall be corrected within 24 hours, to minimize the discharge of pollutants. Additionally, findings that cannot be corrected immediately shall be noted in the inspection log with the following items: 1. Describe why it is infeasible to initiate the installation or repair immediately; and 2. Provide a schedule for installing or repairing the control measure and returning it to an effective operating condition as soon as possible. (a) Definitions. 1. Compliance Assistance. Alow-risk event as determined by the Engineer. Compliance assistance events are not considered Findings and not subject to the Regulatory Mechanism noted in subsection 208.09(b) 2. Deferment. A request from the Contractor to the Engineer to delay implementation of corrective actions for Regular Findings pertaining to Water Quality Specifications and/or the CDPS-SCP. Deferments may only be granted due to extraordinary circumstances. However, it is at the Engineer's discretion to approve or reject these requests. 3. Finding. An incident discovered through inspection by the Department or by Engineer observation, which is noncompliant with the Water Quality Specifications as specified in subsection 208.09(a)(7) and/or the CDPS-SCP. A Finding will be classified as one of the following: A. Regular Finding. A situation upon inspection that is in noncompliance with the Water Quality Specifications. Maintenance issues identified on the weekly or post -storm Form 1176 shall be considered a regular finding. October 1, 2024 45 Revision of Section 208 - Erosion Control B. Severe Finding. A discharge outside the project's Limits of Construction (LOC), subsection 107.25(a), to State waters or to a live inlet where the pollutant cannot be reclaimed. C. Chronic Finding. A Chronic Finding is assessed when the same Regular Finding at the same location is documented twice in the last three water quality control inspections. Engineer observed findings outside these inspections will not apply. 4. Inspection Form 105. The Form 105 issued by the Engineer documenting findings from water quality inspections per subsection 208.03(c), approved deferments and other items requiring recordkeeping in compliance with the Water Quality Specifications. 5. Location. The place where the finding was observed; can be a document (e.g., stormwater management plan [SWMP]) or physical location. A physical location must be described with enough detail to guide an independent party to the spot of the finding. Physical locations must be supported with at least one photograph. 6. Recalcitrance. Contractor has shown willful negligence or misrepresentation or unwillingness to adhere to the Water Quality Specifications. 7. Water Quality Specifications. Subsection 107.25, Sections 208, 213 and 216, and Standard Plans M-208-1 and M-216-1. 8. CDPS-SCP. Colorado Discharge Permitting System — Stormwater Construction Permit (COR 400000). 9. The word "immediately" shall mean by the end of the construction day for the purposes of this section. (b) Liquidated Damages and Stop Work Orders. The Contractor will be subject to Liquidated Damages for incidents of failure to comply with the Water Quality Specifications and implement corrective actions to resolve noncompliance in the time frame established in subsection 208.09(b) and (c). Liquidated damages are for the Contractor's failure to comply with the Water Quality Specifications and/or the CDPS-SCP. Liquidated damages will accumulate for each finding, for each cumulative day that the finding remains uncorrected. Liquidated damages associated with incidents pertaining to this subsection do not indemnify the Contractor of other Liquidated Damages associated with this project. October 1, 2024 46 Revision of Section 208 — Erosion Control In addition to Liquidated Damages, the Contractor will be subject to a project -wide Stop Work Order for recalcitrance and the Engineer may, in writing, issue a Stop Work Order for Chronic and Severe Findings in accordance with subsection 105.01. A Stop Work Order shall not result in the stopping of the Contract Time. Issuance of a Stop Work Order shall not be considered a valid reason for the Contractor asking for additional Contract Time. Findings are closed when the corrective action is complete, reported to the Engineer and accepted by the Engineer. The Engineer will notify the Contractor when the corrective action is accepted or denied. Liquidated damages will be assessed by the type of finding as follows and will continue until the corrective action is approved by the Engineer. 1. Regular Finding. The time required to repair a Regular Finding shall begin at the conclusion of the SWMP inspection. The correction of a Regular Finding shall begin immediately but not more than 24 hours from the time of the finding. The Engineer shall issue a Form 105 informing the Contractor of the finding and the need for correction to occur. If a finding cannot be immediately corrected, the Contractor shall request a deferment per Section 208.09(c). The Engineer will issue a Form 105 notifying the Contractor that Liquidated Damages are accruing at $1,500 per day per finding for each full or partial calendar day a Regular Finding remains uncorrected after 24 hours from discovery. Each uncorrected or undeferred Regular Finding will be assessed as recalcitrant and the Engineer will issue a project -wide stop work order if the Regular Finding is not addressed within 48 hours after the SWMP inspection has concluded. The Contractor shall fix each recalcitrant finding and submit a plan to avoid future instances of each recalcitrance to the Engineer for approval. The recalcitrance plan shall be in writing, signed by the Contractor and shall include: A. A description of each Recalcitrant Finding. B. Why the corrective action for each Recalcitrant Finding was not implemented within 2 days. C. How the Contractor will avoid future recalcitrance. The Engineer will discuss the recalcitrance plan and may meet with the Superintendent to recommend modifications, if needed. The Engineer will issue a Form 105 accepting or rejecting the recalcitrance plan within 24 hours of the Contractor submitting a plan or resubmitting a modified plan. The Contractor will neither be reimbursed for costs incurred to fix each Recalcitrant Finding pertaining to a control measure in the SWMP plan October 1, 2024 47 Revision of Section 208 — Erosion Control nor costs to prepare the recalcitrance plan. The Contractor shall propose additional control measures, if needed, according to subsection 208.04(a). The project -wide Stop Work Order and Liquidated Damages will be assessed until approval of the corrective action for each Recalcitrant Finding and approval of the Contractor's recalcitrance plan by the Engineer is given. After written approval by the Engineer, the project -wide Stop Work Order will be lifted, and accrual of Liquidated Damages will cease. If the Contractor fails to perform corrective work by the second day from discovery, the County shall have the option of utilizing a third -party to complete the corrective work. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. Liquidated damages to the Contractor will continue to accrue until the corrective work has been completed. 2. Severe Finding. In response to a Severe Finding, the Engineer will issue a Form 105 and immediately assess Liquidated Damages of $3,500 per Severe Finding. Severe Findings shall be eligible for the 24 -hour grace period (subsection 208.09(b)(1)). Liquidated damages will accrue at $3,500 per Severe Finding per calendar day beginning at the time of discovery of the Severe Finding. A. If the Severe Finding is a discharge to State waters, the Contractor shall prevent any further discharge and shall reclaim discharge which has not yet entered State waters. The Contractor shall report the discharge to CDPHE-WQCD per CDPS-SCP requirements. B. If the Severe Finding is a discharge outside the LOC that does not enter State waters, the Contractor shall fully reclaim the discharge before it enters State waters and implement relevant CDPS-SCP noncompliance notification procedures. October 1, 2024 48 Revision of Section 208 — Erosion Control The Engineer may require the Contractor to submit a plan for permanent stabilization of disturbed areas outside the LOC per 208.04(e)(4) for approval. Permanent stabilization plans pertaining to Severe Findings and subsequent stabilization activities are not subject to 208.09(b). The Contractor shall not be reimbursed for activities undertaken to reclaim the discharge, stabilize areas outside the LOC and implement relevant CDPS-SCP noncompliance notification procedures. If the Contractor fails to perform corrective work immediately upon discovery, the County shall have the option of utilizing a third -party to complete the corrective work. Liquidated damages to the Contractor will continue to accrue until the corrective work has been completed. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. Liquidated damages to the Contractor will continue to accrue until the corrective work has been completed. 3. Chronic Finding. In response to a Chronic Finding, the Engineer will issue a Form 105 and immediately assess Liquidated Damages of $1,500 per Chronic Finding. Chronic Findings shall be immediately corrected. Liquidated damages will accrue at $1,500 per Chronic Finding per day beginning upon discovery of the Chronic Finding. When the Chronic Finding is comprised of two Severe Findings, the Engineer will assess Liquidated Damages in accordance with this specification. If the Contractor fails to perform corrective work immediately upon but not more than 24 hours from discovery, the County shall have the option of utilizing a third -party to complete the corrective work. Liquidated damages to the Contractor will continue to accrue until the corrective work has been completed. The Contractor shall be responsible for reimbursing the County the cost of utilizing a third -party to complete the corrective work. The cost for utilizing a October 1, 2024 49 Revision of Section 208 — Erosion Control third -party to complete the corrective work will be deducted from the month's pay application. If only the retainage release pay application is left to close out the project, the cost of corrective work will be deducted from the retainage release payment. If the retainage release payment does not cover the cost of the corrective work, the Contractor will be invoiced for the outstanding balance. The project acceptance and warranty period will not start until the Contractor has reimbursed the County for the entire cost of the corrective work. Failure by the Contractor to perform corrective work shall be grounds for withholding progress payments. 4. SWMP Notebook Deficiencies. The SWMP Notebook shall be kept up to date with all SWMP requirements of the Water Quality Specifications and CDPS- SCP. SWMP deficiencies shall result in a pay reduction of $300 per incident that the SWMP Notebook is out of date by more than one week. Corrective actions shall be initialed and dated immediately upon completion and the Compliance Certification signed by the ECI, Superintendent and Engineer, or liquidated damages will be assessed. The Engineer shall document the pay reduction with a Form 105 which shall be signed by the Contractor. The pay reduction shall be deducted from the amount owed to the Contractor for the pay period in which the pay reduction occurred. (c) Deferment. If the Contractor seeks deferment because a regular finding cannot be corrected immediately upon discovery, the Superintendent shall submit a deferment request to the Engineer immediately after the issuance of the Form 105. Chronic and Severe Findings are not eligible for deferment. The deferment request shall be in writing, signed by the Superintendent and shall include: 1. Description of Regular Findings to be deferred; 2. The reasons why the Findings cannot be corrected in twenty-four hours; 3. An action plan containing: A. Methodology to protect water quality until each deferred Finding is corrected and accepted; B. Milestones to measure progress toward completion; C. Additional control measures to be implemented until each deferred Finding is corrected and accepted; October 1, 2024 50 Revision of Section 208 — Erosion Control D. Corrective completion dates for each Finding. Deferments will not be accepted or approved due to the Contractor's operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. Note: If an alternative control measure is implemented to correct a Regular Finding, a deferment is not necessary. All modifications to the plan shall be documented in the SWM P. The Engineer will discuss the deferment request and may meet with the S uperintendent to recommend modifications to the action plan within 48 hours of the receipt of the deferment request. The Engineer will issue a Form 105 accepting or rejecting the deferment request. The Department will not accept a deferment for operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. P reparation of deferment documentation and additional materials, including additional control measures, required to complete the action plan shall be at the Contractor's expense. Time frames noted in subsection 208.09(b)(1) will not be stopped during the deferment review period, therefore, Liquidated Damages will be assessed beginning per the timeframes outlined above if the deferment request is rejected and, furthermore, a rejected deferment plan (subsection 208.09(c)) shall not absolve the Contractor from recalcitrance. The Engineer will assess Liquidated Damages in the amount of $1,500 per calendar day, and partial day, for each uncorrected Deferred Finding that is not completed within the deferment period. These Liquidated Damages will start retroactively to the day the finding was originally noted on the Form 105. (d) Conflict Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (Weld County and the Contractor) agree to resolve any issue that may result in a dispute. (e) Exemptions. The Engineer will exempt from subsection 208.09(b) situations of Compliance Assistance, Documented Upset Conditions, Documented Reportable S pills and Documented Winter Exemptions. Release from subsection 208.09(b) does not exempt the Contractor from compliance with CDPS-SCP. 1. Documented Upset Condition. The Contractor shall report, both verbally and in writing, the Upset Condition to CDPHE-WQCD per CDPS-SCP Part II.L.6 and subsection 208.03(c) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory October 1, 2024 51 Revision of Section 208 — Erosion Control Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Upset Condition. 2. Documented Reportable Spills. The Contractor shall report, both verbally and in writing, the Reportable Spill to CDPHE-WQCD per subsection 107.25(b) and provide written documentation to the Engineer. The Engineer will issue a Form 105 and recognize the exemption to the Regulatory Mechanism. The Contractor shall also update the SWMP with the Form 105 and the documented Reportable Spill. 3. Winter Exemptions. The Contractor is unable to address findings noted on the water quality control inspection due to: A. Snow covers the entire site for an extended period and; B. No construction activity and; C. Melting conditions posing a risk of surface erosion do not exist. The Contractor shall request a Winter Exemption to the Department. If approved, the Engineer will issue a Form 105 and recognize the exemption to subsection 208.09(b). The Contractor shall also update the SWMP with the Form 105 and the documented Winter Exemption. Liquidated Damages, if assessed, will only accrue up to the point where the Winter Exemptions are approved. (f) Routine SWMP Audits. Routine SWMP audits will be performed by Weld County Stormwater Staff to ensure the SWMP Notebook is compliant with the CDPS-SCP and the Water Quality Specifications. The audits will be performed monthly but may occur more frequently or reduced based upon the history of compliance with the CDPS-SCP and the provisions of Section 208. The results of the audit will be sent to the Engineer to determine appropriate enforcement actions. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with subsection 208.05(n) at the Contractor's expense. (b) As -Constructed Survey. The Contractor shall complete an as -constructed survey of each Permanent Water Quality (PWQ) control measure (CM). Surveys are conducted on all PWQ CM for two reasons: 1. To provide initial location information for CDOT PWQ CM inventory, and October 1, 2024 52 Revision of Section 208 — Erosion Control 2. To provide necessary data for completion of the Pond Information Certification (PIC) for PWQ CM designed using the Water Quality Capture Volume (WQCV) Standard (Extended Detention Basin (EDB), Retention Pond, etc.). The Contractor shall submit the as -constructed survey to the Project Engineer before payment for and final acceptance of any items required to construct the PWQ features. The electronic as -constructed survey shall conform to the requirements of Section 625, use Terrain Modeling Survey System (TMOSS) codes, and shall include the following information: 1. The Contractor's Professional Land Surveyor's (PLS) digital terrain model with the electronically sealed field -collected information report. 2. The PWQ survey shall include all horizontal and vertical reference points for all PWQ features as determined by the Contractor's surveyor. 3. The contours shall be shown at 1 -foot intervals with major contours labeled at 5 -foot increments. 4. The bottom of the EDB elevations along the toe of embankment slope and top and bottom of trickle channel elevations, to verify positive drainage throughout the basin with labels of features, elevation, and the WQCV elevation as shown on the plans. 5. The top of wall or dam elevation on the survey to verify freeboard (distance between high- water mark and top of wall or dam elevation) along the EDB, and the top width of the embankment along the perimeter of the EDB. 6. A detail of each forebay located at the outfall of each incoming storm drain into the EDB, including plan dimensions with tops of walls, tops of slabs, pipe invert elevations, and pipe diameters. 7. The basin location related to property lines (measured distances), right-of-way lines, buildings, roads, access paths, and other easements. 8. The details of the outlet control structure, including labels of features and elevations, and notes indicating if the features are the same as the design plan, or the reason they are different in the as -constructed survey. 9. The details, including labels and elevations of all grates, racks, screens, and any other materials intended to prevent clogging of the outlet structure orifices by debris of any kind. Label all features and elevations on the as -constructed deliverable CADD 3D model and Survey report. October 1, 2024 53 Revision of Section 208 - Erosion Control 10. The access and maintenance easements per the ROW plans around the EDB, including the maximum slope of the access easement. 11. The submitted CADD 3D model shall include the following: a. All control marks set per item 2, and other Project Controls as shown on the sealed Project Control diagram; ensure that contour lines are continuous, closed, unbroken polylines. b. Grade spot elevations and breaklines used to create the contours. c. Elevations for all applicable items listed in 2-10 above. d. Correct contours. e. Initial /EDB volume calculation report sealed by the PLS of the data collection. f. Geocoordinate system that conforms to projectdatum. g. S urvey information shall be compatible with the latest 3D digital modeling software. S ubmit the as -constructed survey, including field survey data, survey report, and electronic model files as a complete package to the Engineer. Allow 10 days for Weld County review of the field survey data. If the field survey data, survey report or electronic model files indicate the control measure was incorrectly constructed, the Contractor shall perform n ecessary corrective work to the PWQ CM to ensure compliance with design, at no cost to the project, as directed by the Engineer. Payment will n ot be made for any PWQ items until corrections have been made and another survey has been completed, compared, and accepted. The Contractor shall clean all Permanent Water Quality Control Measures before the PWQ Survey, final walkthrough and final acceptance. The Engineer and the Weld County Stormwater 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. Projects located within an MS4 area may have additional requirements as required by the MS4 Program of the jurisdiction. October 1, 2024 54 Revision of Section 208 — Erosion Control (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 by the Contractor and accepted by the Engineer prior to the request for partial acceptance of the water quality control work. Method of Measurement 208.11. Erosion Control Management (ECM) will be measured as the actual number of days of ECM work performed regardless of the number of personnel required for SWMP Administration and Form 1176 Inspection, including Form 1176 inspections, documentation, meeting participation, SWMP Administration, and preparation of the SWMP. If the combined hours of SWMP Administration and Form 1176 Inspection is four hours or less in a day, the work will be measured as I/2 day. If the combined hours of SWMP Administration and Form 1176 inspection is more than 4 hours in a day, the work will be measured as one day. If the combined hours of SWMP Administration and Form 1176 Inspection exceed more than 8 hours in a day, it shall be counted as 1 day. In order to be paid for any ECM time, the SWMP Administrator and/or the ECI shall complete a Form 1388 and place it in the SWMP Notebook for each daily inspection. The SWMP Notebook shall be kept up to date. The required signatures shall be done immediately following the correction of the findings. There shall be a pay reduction of $300 per incident the SWMP Notebook is out of date by more than one week. The Engineer shall document the pay reduction with a Form 105 which shall be signed by the Contractor. The pay reduction shall be deducted from the amount owed to the Contractor for the pay period in which the pay reduction occurred. 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 or waste. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. Prefabricated concrete washout structures will be measured by the actual number of structures delivered to the site. It shall not include structures relocated on -site. October 1, 2024 55 Revision of Section 208 - Erosion Control 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 may be required for maintaining vehicle -tracking pads and will not be measured separately but shall be included in the work. Prefabricated 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. Control measure failures shall be immediately repaired or replaced at the Contractor's expense. Temporary stream crossings will be measured by the actual number constructed and accepted. Additional maintenance may be required for maintaining the temporary stream crossings and will not be measured separately but shall be included in the work. Basis of Payment 208.12. Pay for ECM and control measures at the Contract unit price for each of the items listed below that appear in the bid schedule. Payment will be made under: October 1, 2024 56 Revision of Section 208 - Erosion Control Pay Item Pay Unit Aggregate Bag Linear foot Concrete Washout Structure (Lined) Each Erosion Bales (Weed Free) Each Erosion Control Management Day Erosion Log (Type 1) ( Inch) Linear foot Erosion Log (Type 2) ( Inch) Linear foot Erosion Log (Type 3) ( Inch) Linear foot Prefabricated Concrete Washout Structure (Type 1) Each Prefabricated Concrete Washout Structure (Type 2) Each Prefabricated Vehicle Tracking Pad Each Removal and Disposal of Sediment (Equipment) Hour Removal and Disposal of Sediment (Labor) Hour Removal of Trash (Interim) 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_) Linear Foot Storm Drain Inlet Protection (Type_) Each Storm Drain Inlet Protection (Type_) Each Sweeping (Sediment Removal) Hour Temporary Berm Linear Foot Temporary Diversion Linear Foot Temporary Slope Drain Linear Foot Temporary Slope Drain Linear Foot Temporary Stream Crossing I Lump Sum Vehicle Tracking Pad Each Additional modifications and additional control measures will be paid for using the unit prices established for the additional control measures. Payment for Erosion Control Management (ECM) will be full compensation for all labor, materials and equipment necessary for the SWMP Administrator and Erosion Control Inspectors to perform all the work described in this specification. This includes assembling Tabs 5 to 8 in subsection 208.03(d)(1) and required updates to the SWMP. Payment for the as -constructed survey of EDBs and associated items included creating the electronic 3D CADD model and report shall be included in Item 625, Construction Surveying. The SWMP Administrator and ECI's commute times will not be measured and paid for separately but shall be included in the work. October 1, 2024 57 Revision of Section 208 - Erosion Control Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. S urface roughening and vertical tracking (daily 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. S ilt 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. S pray -on mulch blankets required by the Contract, including those used in both temporary and final stabilization, will be measured and paid for in accordance with Section 213. 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. October 1, 2024 58 Revision of Section 208 — Erosion Control 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 not be measured and paid for separately but shall be included in the work. Payment for prefabricated tracking pads will be full compensation for all work, materials, and equipment required to construct, maintain, and removals throughout the project. 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. 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 pay items installed after the expiration of the contract time. These items shall be provided at the Contractor's expense. Payment for temporary stream crossings will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. End of Section October 1, 2024 1 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Section 212 of the Standard Specifications is hereby deleted for this project and replaced with the following: Description 212.01. This work consists of application of fertilizer, soil amendments, seedbed preparation, and placing seed and sod. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Engineer. Multiple seeding operations shall be anticipated as portions of the job site shall be seeded as they are completed in order to take advantage of the growing conditions and to comply with Section 208 and the remainder of this section. Materials 212.02. Seed, Fertilizers, Soil Conditioners, Mycorrhizae, Elemental Sulfur, and Sod. (a) Seed. The seed mix identified for use on this project is specified below. Common Name Varieties Pounds PLS/Acre Western wheatgrass Arriba, Barton, Rosana 2.50 Blue Grama 1.50 Hachital, Lovington Sideoats Grama 2.25 Vaughn, Butte, Niner, El Reno, Haskell Smooth Brome Lincoln, Manchar 2.00 Sand dropseed 0.25 Perennial Ryegrass Calibra or Garibaldi tetraploid 0.75 Slender Wheatgrass Pryor, Revenue, or San Luis 2.50 Alkaligrass 1.25 Fults II, Salt on Sea Switchgrass Nebraska 28, Blackwell 1.50 Total 14.00 WB-cedar wheat or approved equivalent shall be used as a nurse crop and shall be added to the Seed Mixtures at a rate of 15 PLS per acre. Native grass and nurse crop seeding shall be done using the appropriate seed drill. Seed shall be delivered to the project site in sealed bags tagged by a registered seed supplier conforming to the requirements of the Colorado Seed Act, CRS 35- 27-111(1). Seed used on the project shall not be in the Contractor's possession for more than 30 days from the date of pickup or delivery on the seed vendors packing slip. Bags which have been opened or damaged before Engineer inspection will be rejected. The State required legal tags shall remain on the bag until opened and the October 1, 2024 2 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding seed is placed in either the drill or hydraulic seeders in the presence of the Engineer. The Engineer shall remove all tags after seed has been planted. Each seed tag shall clearly show the following: (i) Name and address of the supplier (2) Botanical and common name for each species (3) Lot numbers (4) Percent by weight of inert ingredients (5) Guaranteed percentage of purity and germination (s) Pounds of Pure Live Seed (PLS) of each seed species (7) Total net weight in pounds of PLS in the sealed bag (8) Calendar month and year of test date Seeds shall be free from all noxious weed seeds per Colorado Seed Act (CRS 35- 17) prohibited noxious weed seed list. Weed seed content shall not exceed the requirements in part 7.2 of the Colorado Department of Agriculture's Seed Act Rules and Regulations. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. Seed and seed labels shall conform to all current State regulations and to the testing provisions of the Association of Official Seed Analysis. Computations for quantity of seed required on the project shall include the percent of purity and percent of germination. The Contractor shall store seed under dry conditions, at temperatures between 35 °F to 90 °F, under low humidity and out of direct sunlight. The Contractor shall provide the location of where seed is stored and access to stored seed locations to the Engineer. Seed stored by the Contractor for longer than 30 days will be rejected. (b) Organic Fertilizer. Fertilizer derived directly from plant or animal sources shall conform to Colorado Revised Fertilizer Rules S CCR 1202-4. Fertilizer shall be uniform in composition and shall be delivered to the site in the original, unopened containers, each bearing the manufacturer's name, address, and nutrient analysis. Fertilizer bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. The Contractor shall only use bulk shipments such October 1, 2024 3 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding as tote bags or super sacks that have a manufacturer's original label and sealed at the manufacturing facility. Fertilizer which becomes caked or damaged will not be accepted. Fertilizer shall be stored according to manufacturer's recommendations in a dry area where the fertilizer will not be damaged. Soil in all areas to receive native seed shall be fertilized and conditioned as identified by the topsoil test recommendations specified in Section 207. Organic fertilizer formulation being submitted for use must be registered with the Colorado Department of Agriculture. Verification tests may be conducted by Weld County on grab samples of organic fertilizer delivered to the site to determine the reliability of bag label analysis and for ingredients which are injurious to plants. If a product of any supplier is found to consistently deviate from the bag level analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the Colorado State Board of Agriculture for appropriate action under the "Colorado Fertilizer Law". Fertilizer shall be supplied in one of the following physical forms: to A dry free -flowing granular fertilizer, suitable for application by agricultural fertilizer spreader. (2) A homogeneous pellet, suitable for application by agricultural fertilizer spreader. Pellet size shall be 2-3 mm. Smaller may be allowed when Seeding (Native) Hydraulic is shown on the plans. (3) A soluble form that will permit complete suspension of insoluble particles in water, suitable for application by power sprayer. The application rate of the organic fertilizer shall be either as high or low nitrogen (N) fertilizer at the rates shown on the plans or as recommended by the Soil Testing Laboratory. In the absence of an application rate shown on the plans and a recommendation from the Soil Testing Laboratory, an application rate of 30 lbs/ac Nitrogen, 40 Ibs/ac Phosphorous as P2O5, and 40 Ibs/ac of Potassium as K2O shall be used. High N organic fertilizer chemical analysis shall conform to Table 212-1. October 1, 2024 4 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Table 212-1 — Chemical Analysis for High N Fertilizer Ingredient Range Test Method Nitrogen (N) (%) 6 — 10 AOAC Official Method Combustion 993.13 Nitrogen Method (Total) in Fertilizers Phosphorus (P) (%) 1 — 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 — 8 AOAC Official Method 983.02 Potassium in Fertilizers Low N organic fertilizer chemical analysis shall conform to Table 212-2. Table 212-2 — Chemical Analysis for Low N Fertilizer Ingredient Range Test Method Nitrogen (N) (%) 2-5 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 3-8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1-8 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Table 212-3 — Organic Fertilizer Properties Criteria Range Moisture content by weight < 6`)/0 (c) Compost (Mechanically Applied). Soil in all areas to receive native seed shall have compost applied as identified by the topsoil test recommendations outlined in Section 207. Compost shall be suitable for use in Erosion Log (Type 2) and permanent seeding applications. Compost shall not contain visible refuse, other physical contaminants, or substances considered harmful to plant growth. Compost shall be used per all applicable EPA 40 CFR 503 standards for Class A biosolids including the time and temperature standards. Materials that have been treated with chemical preservatives as a compost feedstock will not be permitted. The Contractor shall provide material that has been aerobically composted in a commercial facility. Compost shall be from a producer that participates in the United States Composting Council's (USCG) Seal of Testing Assurance (STA) program. The Department will only accept STA approved compost that is tested per the USCG Test Methods for Examining of Composting and Compost (TMECC) manual. Verification tests may be conducted by Weld County on grab samples of compost delivered to the site to determine the gradation and physical properties. Testing may be done for indication of ingredients which are injurious to plants. Sampling procedures will follow the STA 02.01 Field Sampling of Compost Materials and 02.01-B Selection of Sampling Locations for Windrows and Piles. If a product is found to consistently deviate from the gradation and property analysis, the October 1, 2024 5 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the USCC. 1. Compost for permanent seeding soil conditioner locations onsite and application rates shall be as shown on the plans or at the rate recommended by the Soil Testing Laboratory. In the absence of an application rate being provided on the plans and from the Soil Testing Laboratory, the application rate for compost shall be 2 tons/acre. Organic matter in compost shall be no more than 2 inches in length. Compost (Mechanically Applied) for permanent seeding shall meet the gradation and physical properties as shown in Table 212-4 and Table 212-5. The Contractor shall provide a written explanation for compost tested parameters not within the acceptable requirements for review and consideration. The Contractor shall provide documentation from the composting facility confirming that the material has been tested per USCC TMECC. Table 212-4 — Gradation for Permanent Seeding Compost Sieve Size % Minimum passin g Maximum Passing n g Test Method 25.0 mm (1") 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification„ 19.0 mm (3/4") 90 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification„ 6.25 mm (1/4") 100 TMECC 02.02-B, "Sample Sieving for 70 Aggregate Size Classification„ Table Notes: Compost shall be from a producer that participates in the USCC STA program. October 1, 2024 6 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Table 212-5 — Properties for Permanent Seeding Compost Compost Parameters Reported as Requirements Test Method 6.0 - 8.5 TMECC 04.11-A pH pH units Soluble (Electrical Salts dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Conductivity) Moisture Content %, wet weight basis 25% - 50`)/0 TMECC 03.09-A Organic Content Matter o /o, dry weight basis o 0 20% - 50`)/0 TMECC 05.07-A Organic Content Matter pounds per cubic yard >240 Carbon Ratio (C:N) to Nitrogen < 15:1 Man-made Contamination (plastic, ceramics, etc.) concrete, metal, Inert %, dry weight basis < 1% TMECC 03.08-A Stability (respirometry) ' mg m CO2-C g CO2 - C per per r g g TS O M per per day r day 8 or below TMECC 05.08-B Select and weed Pathogens free Pass (PASS/FAIL) Salmonella TS, MPN/gram or Coliform < Limits: 3 MPN/4 Bacteria grams < 1000 of TMECC 07.01-B Fecal Coliforms, or Salmonella 07.02 Trace Metals Pass TMECC 04.06 Copper Arsenic Limits (As) (Cu)1500, (PASS/FAIL) (mg 41, kg 39, -11 Cadmium Lead dw basis): (Pb) (Cd) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 Maturity (Bioassay) Percent Emergence o /o, (average) > o 80% TMECC 05.05-A Relative Vigor Seedling /oo , (average) > o 80% TMECC 05.05- A Table Notes: Use the STA Lab bulk density Ib/cu ft as received, multiplied by organic matter % as received, multiplied by 27 to calculate pounds per cubic yard of organic matter. 2. Compost for Erosion Log (Type 2) shall meet the gradation and physical properties as shown in Table 212-6 and Table 212-7. October 1, 2024 7 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Table 212-6 Gradation for Erosion Log (Type 2) Compost Sieve Size Minimum % Passing Maximum % Passing Test Method 100 TMECC 02.02-B, "Sample Sieving for Aggregate 75.0 mm (3") Size Classification" 25.0 mm (1") 90 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 9.5 mm (3/8") 10 50 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" Table Notes: Organic matter for erosion log compost shall be no more than 4 inches in length. Compost shall be from a producer that participates in the USCC STA program. Table 212-7 — Properties for Erosion Log (Type 2) Compost Compost Parameters Reported as Requirements Test Method 6.0 - 8.5 TMECC 04.11-A pH pH units Soluble (Electrical Salts Conductivity) dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Moisture Content %, wet weight basis < 60% TMECC 03.09-A Organic Matter Content %, dry weight basis 25% - 100% TMECC 05.07-A Man-made Contamination (plastic, ceramics, concrete, metal, Inert etc.) °/0, dry weight basis < 0.5°A TMECC 03.08-A Stability (respirometry) mg m9 CO2-C CO 2 - C day day per per p g TS 9 OM per per p N/A TMECC 05.08-B Select weed free Pathogens and Pass (PASS/FAIL) Salmonella grams Bacteria MPN/gram of < TS, 1000 < Limits: 3 or MPN/4 Coliform TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella Trace Metals Pass TMECC 04.06 (PASS/FAIL) Limits Arsenic(As)41, (Cd) (Curia)°, 39, (mg Copper, kg Lead -l) dw Cadmium (Pb) basis): 300, Mercury (Ni) 420, (Hg) Selenium 17, Nickel (Se) 100, Zinc (Zn) 2800 Percent Emergence %, (average) N/A N/A Relative Seedling Vigor %, (average) N/A N/A October 1, 2024 8 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding (d) Biotic Soil Amendments (Hydraulically Applied). Biotic Earth Black hydraulic growth medium (HGM) or approved equivalent shall be used. In order to be considered an equivalent to Biotic Earth Black, the submitted HGM shall meet or exceed every specification category. The HGM shall be composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives as shown in Table 212-8. Biotic soil amendments shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 °F. I n addition to the HGM, the Soil Testing Laboratory may recommend additional soil fertilizers and conditioners which shall be added. If additional fertilizer and soil conditioner recommendations are provided, they shall be applied. The Contractor shall submit the Application Rates Guide, Installation and Mixing Instructions, and Product Specifications to the Engineer for approval. The Contractor shall submit a letter of certification from the Manufacturer or Representative showing the products meet or exceed all material composition requirements, laboratory testing properties, and product packaging requirements. Certification shall detail that the straw or fiber was processed at over 160 tiF to ensure material is weed free. The Contractor shall provide a CTR with independent laboratory analysis per subsection 106.13. The HGM shall be applied at a rate of 4,500 pounds/acre unless otherwise specified by the Soil Testing Laboratory. Special application rate considerations may be required depending on environmental and soil conditions along with erosion potential on the site. At no time will field mixing of organic fiber materials be allowed. The use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be per Section 213. It shall be used as a wetting agent at a rate of 30 pounds per acre. Biotic soil amendments shall provide a continuous and uniform cover and shall consist of one of the components in Table 212-8 and all of the performance and physical properties in Table 212-9. October 1, 2024 9 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Table 212-8 — Required Percentage Ranges of Biotic Soil Amendments Components Units Requirement Professional composts additives. and grade other sphagnum organic peat growth moss, enhancing certified %, basis dry weight 57% Mechanically consisting fiber of and weed free thermally agricultural processed straw, flexible straw flax %, basis dry weight 40°/0 (including stimulants/regulators) Minerals, sugars, folic starches, plant acid, based vitamin proteins, biodegradable A, and and triacontanol 16 amino co- %, basis dry weight 2% Trace polymer, acids growth Multiple bacteria species of both mycorrhizae and beneficial °/0, basis dry weight 1% Table 212-9 — Performance and Physical Requirements of Biotic Soil Amendments Parameters Reported as Requirement Test Method 5.0 — 7.5 Saturated method media extract pH pH units Moisture content %, wet weight basis 10°/0 - 50°/0 ASTM D 2974 Organic matter content °/0, dry weight basis > 95°/0 ASTM D586 Carbon Nitrogen Ratio Ratio C:N < 25-45:1 ASTM E1508 Acute Toxicity (Pass/Fail) Pass (non-toxic) EPA TM 2002.0 Table Notes: The Contractor shall provide a CTR with independent laboratory analysis for the required parameters in accordance with subsection 106.13. (e) Humate. The Contractor shall provide a screened dry granular form of organic humic and fulvic acid substance. Humate shall be pre-packaged and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Humate shall be stored in locations not exceeding 80 °F. Humate shall be provided per the rates shown on the plans. Product shall conform to the parameters in Table 212-10 and Table 212-11. Table 212-10 — Screened Size Requirements for Humate Seeding Method Reported as Requirement inches < 1/4 Seeding (Native) Drill, Hydraulic and Broadcast October 1, 2024 10 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Table 212-11 — Performance and Physical Requirements of Humate Parameters Reported as Require ment Test Method Organic Matter %, dry weight basis >70% °/0, dry weight basis <2°/0 ASTM D7928 Fines (material that is finer than the No. 200 (75 -pm) sieve) 3.0 - 4.5 ASTM D1293 pH pH units Acute Toxicity Non Toxic Pass / Fail ASTM EPA 7101 Method or 2021 or 2002 °/0, dry weight basis A alkali method; & L extractable Western total > 70% Humic and Fulvic Acids Carbon Content °/0, dry weight basis 40% - 50% Moisture Content °/0, dry weight basis < 20% %, dry weight basis < 15% Heavy Metal / Ash Content Table Notes: The Contractor shall provide a CTR with independent laboratory analysis for the required parameters per subsection 106.13. (f) Mycorrhizae. Mycorrhizae shall arrive onsite in original and undamaged packaging. Handling of this material shall follow manufacturer's safety recommendations. Mycorrhizae shall be stored onsite in such a way as to avoid exposure to direct sunlight for more than four hours and to prevent package temperatures to rise above 85 °F. The endo mycorrhizal inoculum shall provide at least 60,000 propagules per pound and shall contain all of the following species and conform to the parameters in Table 212-12: 1. Glomus intraradices (a.k.a. Rhizophagus intraradices) 2. Glomus mosseae (a.k.a. Funneliformis mosseae) 3. Glomus aggregatum (a.k.a. rhizophagus aggregatus) 4. Glomus etunicatum (a.k.a. Claroideoglomus etunicatum) Table 212-12 — Physical Requirements of Endo Mycorrhizae Parameters Reported as Requirement Test Method Acute Toxicity Non Toxic Pass or Fail ASTM 7101 or EPA Method 2021 or 2002 Table Notes: The Contractor shall provide a CTR with independent laboratory analysis has been done on the product for the required parameters per subsection 106.13. The following rates shall be used for Seeding Methods: October 1, 2024 11 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 1. For Seeding (Native). Drill, the mycorrhizae product shall be provided as a dry free -flowing granular material, suitable for application by agricultural drill seeder. Application rate shall be 8 pounds per acre. 2. For Seeding (Native). Hydraulic, the mycorrhizae product shall be provided as a fine granular (< 2 mm) or powdered form (particle size less than 300 microns) that will permit complete suspension and used with hydro -seeder equipment. Application rate shall be 20 pounds per acre. 3. For Seeding (Native) Broadcast, the mycorrhizae product shall be provided as a dry free -flowing granular material, suitable for application by fertilizer spreader. Application rate shall be 20 pounds per acre. (9) Elemental Sulfur. The Contractor shall provide a free -flowing granular material consistent in size suitable for application by agricultural spreader and conform to the parameters in Table 212-13. Elemental sulfur shall arrive onsite in original and undamaged packaging. Table 212-13 — Physical Requirements of Elemental Sulfur Parameters Reported as Requirement Guaranteed Analysis of Elemental Sulfur (S) % > 90 Bulk Density Lbs per cu. ft. > 75 The elemental sulfur application rate shall be at the rate specified on the plans or as recommended by Soil Testing Laboratory. (h) Sod. Sod shall be nursery grown and 99 percent weed free. Species shall be as shown on the plans. The 1 percent allowable weeds shall not include undesirable perennial or annual grasses, or plants defined as noxious by current State statute or county noxious weed list. Soil thickness of sod cuts shall not be less than % inch or more than 1 inch. Sod shall be cut in uniform strips with minimum dimensions of 18 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod proposed for use, which shall serve as a standard if approved. Sod furnished, whether in place or not, that is not up to the standard of the sample will be rejected. Weld County will reject all sod that was cut more than 72 hours before installation. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting. The Contractor shall submit the certificate to the Engineer before application of the sod. Only sod that is accompanied by the certificate from the grower will be accepted and paid for. Construction Requirements 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days before start of seeding work. The Contractor shall provide two October 1, 2024 12 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding copies of items (1) - (15) listed below 5 days before the Pre -Vegetation Conference per Section 207. (1) (2) (3) (8) (9) Written confirmation from the registered seed supplier, on the Contractor's letterhead, that the Contract specified seed has been secured. No substitutions of the contract specified seed will be permitted unless evidence is submitted, from one of the registered seed suppliers that the Contract specified seed is not available and will not become available during the anticipated construction period. Seed vendor's "seed dealer" endorsement. A copy of each seed species germination report of analysis that verifies the lot has been tested by a recognized laboratory for seed testing within 13 months before the date of seeding. A copy of each seed species purity laboratory report of analysis that verifies that the lot has been tested by a recognized laboratory for seed testing. The report shall list all identified species, seed count, and date of test. Manufacturer's documentation stating that the fertilizer meets the Contract requirements. Organic fertilizer documentation showing manufacturer and chemical analysis. Permit issued from CDPHE confirming that the vendor can produce or sell compost per House Bill (FIB) 1181. Documentation from the compost manufacturer that it is a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). Results of compost testing on an STA Compost Technical Data Sheet confirming all required test methods are met using the STA Program. Sample of physical compost (at least one cubic foot of material). Manufacturer's documentation confirming that biotic soil amendment meets the required physical and performance criteria based on independent testing by the manufacturer. (12) Manufacturer's documentation confirming that humate meets the required physical and performance criteria based on independent testing by the manufacture. (13) Manufacturer's documentation confirming that mycorrhizae meets the physical criteria based on independent testing and that the minimum required species is provided. October 1, 2024 13 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding (14) Pictures and descriptions of seeding equipment proposed to be used on the project. Based on the seeding methods required at a minimum this should include the drill seeder, hydraulic seeder, cultipacker or seed bed roller implements. (15) Instructions and documentation on how seeders will be calibrated onsite, per subsection 212.05(a). 212.04 Seeding Seasons. Seeding in areas that are unirrigated shall be restricted according to the parameters in Table 212-14. Seeding accomplished outside the time periods listed above will be allowed only when the Contractor's request is approved by the Engineer in writing. If requested by the Contractor, the Contractor must agree to perform the following work at no cost to Weld County: reseed, remulch, and repair areas which fail to produce species indicated in the Contract. If seeding is ordered by the Engineer outside the time periods listed above, the cost to repair areas that fail to produce species will be paid for by Weld County. Table 212-14 — Seeding Seasons Zone Spring Seeding Fall Seeding Below 6000 feet April June 1St or 15th spring thaw(1) to September ground freeze(2) 15th or until consistent Table Notes: (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried IA inch into the surface soil (topsoil) through normal drill seeding methods. (2) "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed 1A inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. 212.05 Native Seeding Methods. Areas to be seeded shall be installed per SWMP Permanent Stabilization Plan. All amendments shall be applied based on the seeding method and rates specified on the plans or recommended by Soil Testing Laboratory. All seed shall be done per the rates specified in the Specifications. The Contractor shall submit a proposed Permanent Stabilization Phasing Plan to the Engineer before the Pre-revegetation Conference for approval showing how the SWMP Permanent Stabilization Plans will be implemented to minimize traffic loading damage to subgrade soil prepared and seeded areas. The proposed sequencing shall consider and identify strategies and site management control measures to protect seeded areas from foot, vehicle, and other disturbances. The strategic planning of the permanent seeding and mulch shall consider all other phasing of construction activities including traffic management and utility work. Areas damaged due to the Contractor's failing to protect October 1, 2024 14 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding the seeded areas shall be repaired at no cost to the Department. Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for corrective work, when ordered, shall be at the Contract prices shown and per subsection 109.04. The following seeding application methods shall not be implemented during winds which are consistently higher than 20 MPH, or when the ground is frozen, excessively wet, or otherwise untillable. The Engineer may test to see if the moisture level in the soil is acceptable to work the soil by performing a Soil Plasticity Test as described in the CDOT Construction Manual. Multiple seeding operations shall be anticipated, based on acceptable seeding conditions. The seeding methods to be implemented shall be one or more of the following, as shown on the plans: (a) Seeding (Native) Drill. 1. Soil Preparation. Slopes flatter than 2:1, shall be tilled into an even and loose seed bed 4 inches deep. Slopes 2:1 or steeper shall be left in a roughened condition. Slopes shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension and brought to the desired line and grade. Roll, rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor has to complete fine grading or for fine grading more than one time. 2. Fertilizer, Compost, and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the topsoil using an agricultural spreader at the rate outlined in above. All competitive, non-native vegetation shall be uprooted and hauled offsite before spreading amendments. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Grading or Roadway plan sheets. When compost and elemental sulfur is required, the Contractor shall homogenously incorporate the compost and elemental sulfur into the top 0 inches of topsoil. Tillage of the amendments shall be completed using a disc and harrow, field cultivator, vibra-shank, or other method suitable to site conditions. For small areas tillage shall be completed using rotary tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For projects that will utilize aggregate or recycled asphalt shouldering material amendments, tillage is not required October 1, 2024 15 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding under shouldering material. Projects seeding up to the edge of pavement, tillage is not required for first 12" from the edge of pavement. When fertilizers are required, the Contractor shall uniformly apply fertilizer on the surface of the topsoil using an agricultural spreader and then work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. When HGM is required, the HGM shall be mixed in the tank following the procedures outlined below: A. Fill tank with water to a level where the paddles are 1A covered and may be activated. B. Activate the mechanical agitation system. Prime pump and any discharge hoses before adding any HGMs. D. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes before adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. E. Continue filling tank with water to approximately % full and begin adding bags of HGMs. F. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. G. Add seed and/or other amendments to slurry as required. H. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. 3. Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using cultipacker or seed bed roller implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension per Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. 4. Seed and Mycorrhizae. Prior to seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be done within two days of seedbed preparation October 1, 2024 16 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed before performing seeding, the seedbed shall be re -prepared as directed by the Engineer. Areas shall be seeded by mechanical power drawn drills suitable for area soils, topography, and size followed by packer wheels. Mechanical power drawn drills shall have furrow openers and depth bands set to maintain a planting depth of at least IA inch and not more than IA inch and shall be set to space the rows not more than 8 inches apart. Seeding equipment shall have a double disk opener, seed box agitator, and seed metering device. The seeder shall be calibrated by collecting seed from a single drop tube in the presence of the Engineer based on the following procedure. The Contractor shall provide the tape measure, scale, collection cup, and seed bag with complete label from the supplier. The Contractor may submit an alternative method for approval at the site Pre -vegetation Conference. A. Measure the total width (W) of the drill seeder in feet. B. Count the number of drill rows (N) on the seeder. C. On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. D. Calculate the number of rotations the tire will complete per acre using the following equation: A = one acre or 43,560 square feet (SF) A /W = feet (F) the drill seeder needs to travel for each acre F/C = number of rotations (R) of the tire per acre E. Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) F Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. G. Using the information from the seed tag, convert the PLS seed rate to a bulk seeding rate using the following equations: PLS = (c/o purity (in decimal form) from seed label) x (% germination (in decimal form) from seed label) October 1, 2024 17 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding (LBS PLS / Acre) from the SWMP / % PLS = Required bulk seed per acre in LBS H. Reduce the required bulk seed per acre based on the number of seeder tubes. Required bulk seed per acre / N = Weight in LBS of bulk seed from one tube I Reduce the required bulk seed rate from the tube by one tenth. 0.90 x Weight of bulk seed from one tube = Collected bulk seed weight (CBS) in LBS J. Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. K. With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS amount of times. Use the value stem to count the rotations. Using the scale, weigh the seed in the collection cup. M. Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. 5. Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. If these items are required, they shall be mixed according to the process outlined below. The HGM or biotic soil amendment shall be mixed in the tank following the procedures outlined below: 1. Fill tank with water to a level where the paddles are 1A covered and may be activated. 2. Activate the mechanical agitation system. 3. Prime pump and any discharge hoses before adding any HGMs. 4. Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes before adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. October 1, 2024 18 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 5. Continue filling tank with water to approximately % full and begin adding bags of HGM. 6. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. 7. Fertilizer and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. 8. Add seed and/or other amendments to slurry as required. 9. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. Drill seeders shall be recalibrated every time the drill is mobilized onsite. The Contractor shall submit a written statement that the equipment is calibrated and shall provide the correct depth based on conditions before seeding actions are initiated. The Contractor shall continuously monitor equipment to ensure that it is providing a uniform seed application. Mycorrhizae granules shall be included with the seed in the drill seeder such that the mycorrhizae is placed at or below the seed. The distance between furrows produced using the drill shall not be more than 8 inches. If rows on the drill exceed 8 inches, the Contractor shall drill the areas twice (if achievable at 30 -degree angles to each other) at no additional cost to Weld County. After seeding, the furrows that were created by the drill shall be maintained in place. Construction traffic, other than what is needed to mulch the areas, shall not be permitted on the areas completed. Permanent stabilization mulching shall be accomplished within 24 hours of drill seeding. (b) Seeding (Native) Hydraulic. Hydraulic seeding shall not be allowed unless approved in advance by the Engineer. If hydraulic seeding is approved, it shall be completed at twice the rate specified in the Contract at no additional cost to the project. If hydraulic seeding is approved, the hydraulic seeding shall be completed as outlined below. This method utilizes water as the carrying agent and mixes biotic soil amendments, seed, organic fertilizer, humates, mycorrhizae and elemental sulfur into a single slurry for hydraulic application. The Contractor shall furnish and place combined October 1, 2024 19 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding slurry with a hydro -seeder that will maintain a continuous agitation and apply homogenous mixture through a spray nozzle. The pump shall produce enough pressure to maintain a continuous, non -fluctuating spray that will reach the extremities of the seeding area. Water tanks shall have a means of measuring volume in the tank. Seed shall be added to the slurry onsite, no more than 60 minutes before starting application. Slurry shall be applied from a minimum of two opposing directions to achieve complete soil coverage. The application of the single slurry shall be applied within four hours of adding Myco rrh izae . The Contractor shall prevent seed, fertilizer, and mulch from falling or drifting onto areas occupied by rock base, rock shoulders, plant beds, or other areas where grass is detrimental. The Contractor shall remove material that falls on plants, roadways, gravel shoulders, structures, and other surfaces where material is not specified. (c) Seedbed Preparation. All areas shall be loosened to at least 6 inches, leaving the surface in rough condition with a surface variance of 6 to 8 inches. On steep slopes, tillage shall be accomplished with appropriate equipment as the slope is constructed. Soil areas shall be tilled to produce loose and friable surfaces with crusted hard soils broken up. All slopes shall be free of clods, sticks, stones, debris, concrete, asphalt and all other materials in excess of 4 inches in any dimension. All competitive, non- native vegetation shall be uprooted and hauled offsite before spreading amendments. Under no circumstances shall the ground surface be smooth and compacted . (d) Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. If these items are required, they shall be mixed according to the process outlined below. The HGM or biotic soil amendment shall be mixed in the tank following the procedures outlined below: (1) Fill tank with water to a level where the paddles are '/4 covered and may be activated. (2) Activate the mechanical agitation system. (3) Prime pump and any discharge hoses before adding any HGMs. (4) Add the appropriate amount and type of soil stabilizer and tackifier as recommended for the site -specific application. Allow soil stabilizer and tackifier and water to mix for 5 minutes before adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. October 1, 2024 20 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding (5) Continue filling tank with water to approximately 3/4 full and begin adding bags of HGM. (6) All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. Fertilizer and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. (8) Add seed and/or other amendments to slurry as required. (9) Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. (7) Hydraulic seeding equipment shall include a pump capable of being operated at 100 gallons per minute and at 100 pounds per square inch pressure. The equipment shall have a nozzle adaptable to hydraulic seeding requirements. Storage tanks shall have a means of estimating the volume used or remaining in the tank. Seed shall be added to the slurry onsite no more than 60 minutes before starting application. The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to Weld County. The Contractor may be required to apply slurry using multiple hoses to ensure uniform application to all areas of the site. Coverage rates shall be based on the volume of material in the tank, as verified by the Engineer. Areas of lighter applications (covering more area than what is calculated) will require additional application, as directed at no additional cost to the County. An appropriate curing period shall be per manufacturer's recommendations and shall consider forecasted weather conditions. Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. (e) Seeding (Native) Broadcast. This method utilizes hand equipment to broadcast spread amendments and seed over prepared seedbeds. Broadcasting seed will be permitted only on small areas that are not accessible to machine methods. Areas to be broadcast seeded shall be approved in writing by the Engineer prior to the start of seeding. A. Fertilizing, Compost, Humate and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the placed topsoil using an agricultural spreader at the rate of application specified on the plans or as recommended by the Soil Testing Laboratory. All competitive non- October 1, 2024 21 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding native vegetation shall be uprooted and hauled offsite before spreading amendments. The Contractor shall homogenously incorporate the compost into the top 6 inches of soil. Tillage of the amendments shall be completed using appropriate tools depending on the size of the area to be worked. Contractor shall use hand tillers or approved small space implements. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply organic fertilizer and humates on the surface of the topsoil using an agricultural spreader. B. Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using tractor implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension per Section 207. Areas shall be left in a rough condition with a surface variance of 2 to 4 inches. Under no circumstances shall the ground surface be smooth and compacted. C. Seed and Mycorrhizae. Before seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be accomplished within two days of seedbed preparation efforts (tilling or scarifying) to make additional seedbed preparation unnecessary. If a rain event occurs that compacts or erodes the seedbed before performing seeding, the seedbed shall be re -prepared as directed. Areas shall be seeded by broadcast -type seeders (cyclone or approved mechanical seeders). The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) as shown on the plans by 2 times at no additional cost to Weld County. After seeding, mycorrhizae shall be evenly hand -distributed across the area. Seed and mycorrhizae shall be covered by hand raking and covering with IA to IA inch of topsoil. To ensure seeds have a firm contact with the soil the Contractor shall use a heavy roller as approved in the Site Pre -vegetation Conference. Mycorrhizae shall not be exposed to sunlight for more than four hours. Using equipment with continuous cleat tracks (cat -tracking) to cover seed is not permitted. Permanent stabilization mulching shall be accomplished within 24 hours of broadcast seed application of native seed. 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses per SWMP Interim Site Maps or as directed by the Engineer. October 1, 2024 22 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Temporary seeding may take place at any time during the year as long as the ground is not covered in snow and topsoil is not frozen. Topsoil may be placed in a stockpile or distributed on -grade after receiving subgrade soil preparation. Interim stabilization for areas that receive temporary seeding shall be per subsection 208.04(e)2. Seed shall not be included with interim hydraulic mulch applications. The Contractor shall wait to amend topsoil until the area is ready for permanent seeding with native seed mix shown on the SWMP. The Contractor shall use either the drill, hydraulic, or broadcast method of seeding. Seeding rates (LBS PLS / Acre) shall be increased by 2 times for hydraulic and broadcast methods at no additional cost to Weld County. Seed shall meet the requirements of 212.02(a) and shall be selected from Table 212-15 based on the application time. Table 212-15 — Temporary Seed Mixes Common Name Botanical Name Seeding ( LBS Rates Planting (inches) Depth Application Time PLS/Acre) Oats Avena sativa October 1 - May 1 35 1 - 2 Foxtail Millet Setaria italics May 2 - September 30 30 1/2 - 3/4 The Contractor shall restrict motorized vehicle and foot traffic from areas that have received temporary seeding. 212.07 Seeding (Lawn). Lawn grass seeding shall be accomplished in the seeding seasons per subsection 212.03. (a) Fertilizing and Soil Conditioning. The first application of fertilizer, soil conditioner, or both shall be incorporated into the soil immediately before seeding, and shall consist of a soil conditioner, commercial fertilizer, or both as designated in the Contract. Fertilizer called for on the plans or as recommended by the Soil Testing Laboratory shall be worked into the top 4 inches of soil. Biological nutrient, culture, or humate based material shall be applied at the rate recommended by the Soil Testing Laboratory and shall be applied in a uniform application onto the soil service. Organic amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. The second application of fertilizer shall consist of a fertilizer having an available nutrient analysis of 20-10-5 applied at the rate of 100 pounds per acre. It shall be uniformly broadcast over the seeded area three weeks after germination or emergence. The area shall then be thoroughly soaked with water to a depth of 1 inch. October 1, 2024 23 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Fertilizer shall not be applied when the application will damage the new lawn. (b) Seedbed Preparation. In preparation of seeding lawn grass, irregularities in the ground surface, except the saucers for trees and shrubs, shall be removed. Measures shall be taken to prevent the formation of low places and pockets where water will stand. Immediately before seeding, the ground surface shall be tilled, or hand worked into an even and loose seedbed to a depth of 6 inches, free of clods, sticks, stones, debris, concrete, and asphalt in excess of 2 inches in any dimension and brought to the desired line and grade. (c) Seeding. Seed shall be drilled with mechanical landscape type drills. Broadcast type seeders or hydraulic seeding will be permitted only on small areas not accessible to drills. Seed shall not be drilled or broadcast during windy weather or when the ground is frozen or untillable. 212.08 Sodding. (a) Fertilizing and Soil Conditioning. Before laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, compost, or humates as shown on the plans or as recommended by the Soil Testing Laboratory. Amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. After laying the sod, it shall be fertilized with a fertilizer having a nutrient analysis of 20-10-5 at the rate of 200 pounds per acre. Fertilizer shall not be applied when the application will damage the sod. (b) Soil Preparation. Before sodding, the ground shall be tilled, or hand worked into an even and loose sod bed to a depth of 6 inches, and irregularities in the ground surface shall be removed. Sticks, stones, debris, clods, asphalt, concrete, and other material more than 2 inches in any dimension shall be removed. Depressions or variances from a smooth grade shall be corrected. Areas to be sodded shall be smooth before sodding occurs. (c) Sodding. Sod shall be placed by staggering joints with all edges touching. On slopes, the sod shall run approximately parallel to the slope contours. Where the sod abuts a drop inlet, the subgrade shall be adjusted so that the sod shall be 1-�/2 inches below the top of the inlet. Within one hour after the sod is placed and fertilized it shall be watered. After watering, the sod shall be permitted to dry to the point where it is still wet enough for effective rolling. The Contractor shall roll the sod in two directions with a lawn roller October 1, 2024 24 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding capable of applying between 50 - 80 pounds per square inch of surface pressure to eliminate air pockets. Method of Measurement 212.09. The quantities of lawn seeding, and the three native seeding types will not be measured but shall be the quantities designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. The quantity of sod will be by the actual number of square feet, including soil preparation, water, fertilizer, and sod, completed and accepted. Fertilizer, compost, elemental sulfur, humates, and mycorrhizae soil amendments for seeding methods (drill, hydraulic, and broadcast) will not be measured separately but shall be included in the work unless they are identified as separate pay items in the plans. If these items are identified as separate pay items in the Contract, they will be measured by the actual quantity of material applied and accepted by the Engineer. Measurement for acres will be by slope distances. Hydraulic Growth Medium shall be measured by the actual quantity of material applied and accepted. Basis of Payment 212.10. The accepted quantities of lawn seeding, native seeding, soil conditioning, and sod will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Rejected seed that has been stored longer than 30 days shall be re -ordered at the expense of the Contractor. Topsoil preparation including incorporating and applying amendments, seedbed preparation, water, and seed mix (LBS PLS/Acre) will not be measured and paid for separately but shall be included in the work. Calibrating, adjusting, or readjusting seeding or fertilizing equipment will not be measured and paid for separately but shall be included in the work. No additional cost will be accepted for approved substitution of specified seed mix. Additional seedbed preparation before seeding to correct compaction or erosion from storm events will not be measured and paid for separately but shall be included in the work. October 1, 2024 25 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding Additional mobilizations as needed to complete seeding within allowed seeding seasons will not be measured and paid for separately but shall be included in the work. Removal of all competitive, non-native vegetation before spreading amendments will not be measured and paid for separately but shall be included in the work. Payment will be made under: Pay Item Pay Unit Pound, Acre Organic Fertilizer Compost (Mechanically Applied) Cubic Yard, Acre Pound Biotic Soil Amendments (Hydraulically Applied) 1 Acre Biotic Earth Black (HGM) Pound Humate Mycorrhizae Pound Elemental Sulfur Pound, Acre Seeding (Native)(Drill) Acre Acre Seeding (Native)(Hydraulic) Seeding (Native)(Broadcast) Acre Seeding (Wetland)(Drill) Acre Acre Seeding (Wetland)(Hydraulic) Seeding (Wetland)(Broadcast) Acre Seeding (Temporary) Acre Seeding (Lawn) Acre Sod Square Foot Acre Soil Conditioning (Fertilizer) Soil Conditioning (Compost) Acre Soil Conditioning (Elemental Sulfur) Acre Unless specifically identified as separate pay items in the plans, Organic Fertilizer, Compost (Mechanically Applied) and Mycorrhizae soil amendments for Seeding (Native) methods drill, hydraulic, and broadcast will not be measured separately and shall be included in the cost of the work. End of Section October 1, 2024 1 Revision of Section 213 — Mulching S ection 213 of the Standard Specifications is hereby revised for this project as follows: S ubsection 213.01 shall be revised to include the following: This work includes furnishing and applying spray -on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as daily stabilization as shown on the plans or as directed by the Engineer. S ubsection 213.02(a) shall be deleted and replaced with the following: (a) Mulching. Materials for mulching shall consist of Certified Weed Free field or marsh hay or straw of oats, barley, wheat, rye or triticale 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 mulch bale shall be identified by one of the following: (1) One of the ties binding the bale shall consist of blue and orange twine, or (2) The bale shall have a regional Forage Certification Program tag indicating the Regional Forage Certification Program Number. Mulch shall be inspected for and Regionally Certified as weed free based on the Regionally Designated Noxious Weed and Undesirable Plant List for Colorado, Wyoming, Montana, Nebraska, Utah, Idaho, Kansas and South Dakota. The Contractor shall not unload certified weed free mulch bales or remove their identifying twine, wire, or tags until the Engineer has inspected and accepted them. The Contractor shall provide a transit certificate that has been filled out and signed by the grower and by the Department of Agriculture inspector. 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, Division of Plant Industry. Straw or hay in a stage of decomposition (discolored, brittle, rotten, or moldy) or old, dry mulch which breaks in the crimping process will not be accepted. The type and application rate of mulch material shall be as designated in the Contract. Straw or hay mulch shall be a minimum of 10 inches in length. Straw or hay in a stage of decomposition (discolored, brittle, rotten, or moldy) or old, dry mulch that breaks in the crimping process will not be accepted. S ubsection 213.03(a) shall be deleted and replaced with the following: October 1, 2024 2 Revision of Section 213 — Mulching (a) Hay or Straw Mulching. After seeding has been completed or when required for erosion control, hay or straw shall be uniformly applied, at a minimum rate of 2 tons hay or 2.5 tons straw per acre, with no bare soil showing, at the rate designated in the Contract or as directed. It shall be crimped to a depth of 2 to 3 inches with a crimper or other approved equipment. The Engineer may order hand -crimping on areas where mechanical methods cannot be used. The seeded area shall be mulched and crimped and tackifier applied at a rate in Subsection (c) within four hours after seeding. Areas not mulched and crimped within four hours of seeded or before precipitation or damaging winds on -site shall be reseeded with the specified seed mix at the Contractor's expense, before mulching and crimping. The seeded area shall be mulched and crimped within four hours after seeding. Areas not mulched and crimped within four hours after seeding or before precipitation or damaging winds on site shall be reseeded with the specified seed mix at the Contractor's expense, before mulching and crimping. When tackifier is required in the Contract it shall be applied in the following order: (1) mulching, (2) mulch tackifier. Subsection 213.04, paragraph 2 shall be deleted and replaced with the following: The quantity of hydro -mulch and tackifier will not be measured separately but will be included in the measurement for seeding. Subsection 213.05 shall be revised to include the following: Mulching (Hydro -mulch with Tackifier) shall not be measured and paid for separately but shall be considered incidental to seeding (native). End of Section October 1, 2024 1 Revision of Section 216 - Soil Retention Covering S ection 216 of the Standard Specifications is hereby revised for this project as follows: S ubsection 216.01 shall be deleted and replaced with the following: 216.01. This work consists of furnishing, preparing, applying, placing, and securing soil retention blankets and turf reinforcement mats (TRM) for erosion control on roadway slopes or channels as designated in the Contract or as directed. This work shall also include site preparation to proper depth, placement of native soil over the turf reinforcement mat as recommended by the TRM manufacturer or as directed by Weld County. When Soil Retention Blankets (bio-degradable) are required, the work will be paid for separately per Section 216 Soil Retention Blanket (straw/coconut). Section 216.02, paragraph 1 shall be deleted and replaced with the following: ,216.02. Soil retention covering shall be either a soil retention blanket or a turf Ltinforcement mat as specified in the Contract. Soil retention coverings shall conform to the following: Table 216-2 shall be deleted and replaced with the following: Table 216-2 — Performance Requirements for Soil Retention Blanket Photodegradable or Biodegradable Blankets Product Class Slope Application Permissible (Un-vegetated) Channel Application Shear 6460 Stress ASTM 2 D Minimum Strength 6818 Tensile ASTM D C Factor D 6459 ASTM 1 ≤ 0.10@3:1 2.00 Ibs/sf 100 Ibs/ft 2 ≤ 0.10@3:1 2.25 Ibs/sf 125 Ibs/ft Table Notes: 1 "C" Factor calculated as ratio of soil loss from soil retention blanket protected slope (tested at specified or greater gradient, h :v) to ratio of soil loss from unprotected (control) plot in large-scale testing. 2 Permissible shear stress is the minimum shear stress that a product must be able to sustain without physical damage or excess soil loss when it is installed on a bare soil channel. Failure is defined as 1/2 inch of soil loss during a 30 -minute flow event in large scale testing. S ubsection 216.02(e) shall be deleted and replaced with the following: (a) Turf Reinforcement Mat. Before installation, topsoil shall be placed and amended with soil conditioning per Section 207 and Section 212. Then one-half of the specified seed shall be applied by hand broadcasting at the broadcast rate and raked into the soil per Section 212. After installation, the TRM shall be covered with 0.5 inches of topsoil in accordance with Section 207. After the topsoil has been placed, October 1, 2024 2 Revision of Section 216 - Soil Retention Covering the remaining one-half of the seed shall be hand broadcast at the broadcast rate and raked into the soil in accordance with Section 212. Turf reinforcement mat (TRM) shall be a rolled mat consisting of UV stabilized, corrosion resistant, non -degradable synthetic fibers, filaments, or nets processed into a permanent three-dimensional matrix of the thickness specified in Tables 216- 3 and 216-4. TRMs shall provide sufficient thickness, strength and void space to permit soil filling and retention, and the development of vegetation within the matrix. The class of TRM is defined by the physical and performance characteristics as specified in the following tables. TRMs shall be tested for physical properties and have published data from an independent testing facility. Large scale testing of Permissible Shear Stress shall be performed by an independent testing facility. Table 216-3 — Physical Requirements1 for Turf Reinforcement Mat Product Class Minimum Roll Width Minimum Thickness ASTM D6525 AcceptableMatrix Material 2 Fill Size Opening of Net 2 1 6.5 ft. 250 mils Excelsior, or Straw/Coconut, Polymer fibers 0.50"x0.50" 0.75"x0.75" Maximum: Minimum: Coconut, 2 6.5 ft. 250 mils Synthetic 100`)/0 UV or Stabilized Coconut 0.50"x Maximum: 0.50„ Fibers 3 6.5 ft. 250 mils 100% Synthetic UV Stabilized 0.50"x Maximum: 0.50„ Fibers Table Notes: I For TRMs containing degradable components, all property values shall be obtained on the non -degradable portion of the matting alone. 2 For TRMs with nets and fill material. Netted TRMs shall be sewn together on a maximum 2 -inch centers. October 1, 2024 3 Revision of Section 216 - Soil Retention Covering Table 216-4 — Performance Requirements for Turf Reinforcement Mat Specification LandLok 450'5z Pyramat 50''2 Pyramat 75'5z Thickness ASTM D-6525 (in) 0.50 0.30 0.40 (lbs/ft) Tensile Strength ASTM D-6818 425 x 350 3200 x 3000 4000 x 3000 Elongation ASTM D-6818 (%) 50 30x30 40x35 Resiliency ASTM D-6524 (%) 90 80 70 0.026 0.195 0.534 Flexibility ASTM D-6576 (in -lb) UV Resistance % Retained @ 80 90 90 1,000 Hours ASTM D-4355 Velocity (Vegetated) (ft/sec) 18 22 25 Permissible (Vegetated) Shear ASTM Stress3 D 6460 (lbs/ft2) 10 14 16 Manning's n (Unvegetated) 0.025 0.028 0.028 Seeding Emergence ASTM D- 409 - 619 7322 (°/0) Roll Sizes (ft x ft) 8x140 16 x 140 8.5x120 15 x 120 8.5x120 15 x 120 16 x 348.75 Table Notes: I In the event that the product name is not called out in the plans, Pyramat 75 shall be the installed. 2 Approved equivalent products may be used if approved by the Engineer. An approved equivalent product must meet or exceed all specifications listed above. 3 Permissible shear stress is the minimum shear stress that a product must be able to sustain when placed on a fully vegetated channel without physical damage or excess soil loss. Failure is defined as I/2 inch of soil loss during a 30 -minute flow event in large scale testing. Subsection 216.02(f) shall be deleted and replaced with the following: (b) Staples. Staples shall be made of ductile steel wire. For use in Channel: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. For use on Slope: 0.165 inch, "U" shaped staples shall be 8 inches long and have a 1 -inch crown. "T" shaped pins shall not be used. A sample of the staples and a Certificate of Compliance (COC) including the manufacturer's product data showing that the product meets the Contract requirements shall be submitted for approval at the Environmental Pre -construction Conference. Installation of the blanket will not begin until approval has been received from the Engineer in writing. October 1, 2024 4 Revision of Section 216 - Soil Retention Covering Subsection 216.08 shall be deleted and replaced with the following: 216.08. The accepted quantities of soil retention coverings will be paid for at the contract unit price per square yard. Theaccepted quantities of earth anchors will be paid for at the contract unit price for each installed. Payment will be made under: Pay Item Pay Unit Soil Retention Blanket (_)(Photodegradable Class _) Square Yard Soil Retention Blanket (_ )(Biodegradable Class _) Square Yard Turf Reinforcement Mat (Class _) Square Yard Earth Anchors Each Soil Retention Blanket (S -C) (BioD CL 2) Square Yard Soil Filled Turf Reinforcement Mat (Class 3) Square Yard °reparation of seedbed, placement of topsoil, fertilizing, soil conditioning, and seeding i r_ I `lr Ihall not be paid for separately but shall be incidental to the Soil Filled Turf Reinforcement Mat. Staples will not be measured and paid for separately but shall be included in the work. End of Section May 14, 2024 1 REVISION OF SECTION 626 - MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall be deleted and replaced with the following: 626.01. This work consists of the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project. This item shall also include the establishment of the Contractor's offices, buildings and other necessary facilities, and all other costs incurred or labor and operations that must be performed before beginning the other items under the Contract. Construction of temporary accesses/roads into the work areas, and removal of the accesses/roads after construction is completed, shall be included in the Mobilization bid item. CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS. The Contractor shall take responsibility to find adequate staging area(s) for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County before Construction. All staging areas shall be secured with temporary fencing and restored to original conditions after construction. The Contractor shall provide erosion and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The Contractor shall not park any vehicles or equipment in or disturb any areas not approved by the Engineer. The County has acquired Temporary Construction Easements (TCEs) for work on the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCEs. All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all written agreements shall be furnished to the County before any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans and CDPS-SCP to include TCEs. The Contractor shall inform the property owners and the tenants at the properties before construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense. In addition, the Contractor will be required to secure Permission to Enter for property owners' access that extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the access plans and determine the extent of the right of entry required. Weld County shall be notified of the right of entry before entry. END OF SECTION Section 630 of the Standard Specifications is hereby revised for this project as follows: All references to "Approved Product List" shall mean the CDOT Approved Product List. Subsection 630.0'1 shall be revised to include the following: This work includes furnishing, operating, and maintaining portable message sign panels. This work includes furnishing, installing, and maintaining additional signage as deemed necessary by the Engineer to provide additional messaging or safety warnings to the workers and the public. Additional signage shall not be measured separately but shall be included in the Work. This work shall include the furnishing of, operating of, and maintaining of a truck or trailer with an attached attenuator as needed. Attenuators shall not be measured and paid for separately but shall be included in the Work. The Contractor shall submit a traffic control plan to the County for review and approval before construction. The plan shall address all phases of construction. The Plans provide a sample traffic control plan to be used for bidding purposes. The sample traffic control plan may not be all-inclusive. The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards, barricades, and construction warning and regulatory signs. Detours, street closures, and driveway closures which are required for the protection of the workers and the public during construction of this project are included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing roads and crossroads affected by this work. The Contractor shall maintain that portion of the existing roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any requiring temporary pavement markings. If it becomes necessary to properly move traffic through the construction area, faggers shall be posted to slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a sign paddle. Subsection 630.02, paragraph 9 shall deleted and replaced with the following: Variable Message Signs (Portable) shall conform to the requirements of the Section 630.03(a), Portable Message Sign Panel. Subsection 630.03 shall be revised to include the following: (a) Portable Message Sign Panels. Portable message sign panels shall be furnished as a device fully self-contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three, eight -character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: (1) In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. (2) All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. (3) Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. (4) The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. (5) Each sign shall be furnished with an attached license plate and mounting bracket. (6) Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. Subsection 630.09 shall be revised to include the following: Truck Mounted Attenuators shall be supplied by the Contractor when required. The truck mounted attenuator shall be approved by the FHWA to meet NCHRP 350 criteria for level TL -3 collisions. The attenuator shall be mounted to a suitable truck in a manner meeting the Manufacturer's specifications. The truck shall be furnished with a roof mounted Advance Warning Flashing or Sequencing Arrow Panel (B Type). The truck shall be used when setting up or taking down the work zone and shall be parked in the activity area protecting the construction work while work is being performed, unless otherwise directed. Trailer Mounted Attenuators shall be supplied by the Contractor when required. The Contractor shall supply a vehicle with an attached trailer attenuator approved by the FHWA to meet NCHRP 350 criteria for level TL -3 collisions. The trailer attenuator shall be attached to a suitable host truck in a manner meeting the Manufacturer's specifications, to include factory -installed 20 -ton (minimum) rated pintle hook and '/2 -inch (minimum) steel frame plate, or as specified by Manufacturer. The trailer shall be furnished with a mounted Advance Warning Flashing or Sequencing Arrow Panel (B Type). The weight of the host truck shall be between 10,000 and 20,000 Ibs, or as specified by the trailer mounted attenuator manufacturer. The Contractor shall provide a certified scale ticket confirming the weight of the truck without trailer attached. The Trailer Mounted Attenuator attached to its host truck shall be used when setting up or taking down the work zone and shall be parked in the activity area protecting the construction work while work is being performed, unless otherwise directed. A buffer zone shall be provided in front of the host truck, for worker safety. This buffer zone shall be in accordance with the manufacturer's recommendations, but shall be no less than 100 feet in length, unless otherwise directed. Subsection 630.13 shall be revised to include the following: The portable message sign panels shall be setup and operational on the project site at least 14 calendar days prior to the start of active roadway construction. Maintenance, storage, operation, relocation to different sites during the project, and all repairs of portable message sign panels shall be the responsibility of the Contractor. Subsection 630.17 Rolling Roadblock shall be added and subsequent numbering in Section 630 shall be adjusted. Subsection 630.17(a), paragraph 3 shall be deleted and replaced with the following: A minimum of two weeks before start of rolling roadblock operations, the Contractor shall provide the date and times that rolling roadblock operations are to begin to the Engineer. Portable VMS signs shall be displayed one week before work with the messages shown on the plans. Subsection 630.18 (formerly 630.17) shall be deleted and replaced with the following: 630.18. All traffic control devices including but not limited to: temporary signing, variable message boards, flagging, attenuator truck/trailer, traffic control management, and traffic control inspection shall be included in the Lump Sum cost for the Traffic Control Management bid item. Variable message boards shall be used for advance warning prior to construction, throughout construction, post construction, and along detour routes as directed by the Engineer. Resetting, repairing, or replacing traffic control devices is considered maintenance of the devices. Cleaning and maintaining of traffic control devices is incidental to the Traffic Control Management bid item and will not be paid for separately. The quantity to be measured for flagging will be the total number of flaggers that are used as authorized per day based on the approved M HT in use for the day. Payment will not be made for time spent by flaggers to set up and take down construction traffic control devices. Hours in excess of those authorized shall be at the Contractor's expense. Mobile attenuators shall not be measured and paid for separately but shall be included in the work. Subsection 630.19 (formerly 630.18) shall be deleted and replaced with the following: 630.19. Payment for the individual traffic control devices necessary to complete the work shall be full compensation for furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. Payment will be made under: Pay Item Pay Unit Traffic Control Management Lump Sum When Traffic Control Management and Traffic Control Inspection are not pay items, Traffic Control Management will not be paid for separately, but shall be included in the work. Flagger hand devices will not be measured and paid for separately but shall be included in the work. Cost of electrical power, including batteries, for all temporary lighting or warning devices shown on the TCP will not be paid for separately but will be considered subsidiary to the item. Temporary masking signs, including the covering materials and fastening devices, will not be measured and paid for separately but shall be included in the work. If the Contractor fails to complete construction within the approved contract time, Payment will not be made for the use of Section 630 pay items for the period of time after expiration of the approved contract time. These items shall be provided at the Contractor's expense. Cleaning and patching of the roadway after removal of the Channelizing Device (Fixed) will not be paid for separately but shall be included in the work. Placement, unmasking, removal and masking of reduced speed limit signs and double fines signs, will not be measured and paid for separately but shall be included in the work. Preparation and implementation of the Traffic Management Plan will not be measured and paid for separately, but shall be included in the work, except for public information services which will be measured and paid for per Section 626 as revised for this project. Traffic Control Management, vehicles, traffic control devices, and all other work, materials and equipment necessary for the mobile pavement marking zone will not be measured and paid for separately but shall be included in the work. Temporary concrete barrier walls, if required, will not be measured and paid for separately but shall be included in the work. END OF SECTION January 25, 2024 TRAFFIC CONTROL PLAN - GENERAL S pecial Traffic Control Plan requirements for this project are as follows: S ubsection 104.04 and Section 630 of the COOT specifications. Standard Plan S-630-1, Traffic Controls for Highway Construction, and Standard Plan S-630-2. Prior to commencing work at site, the Contractor shall review the traffic control setup with the Construction Inspector, and receive verbal approval to proceed with construction. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless directed. The Contractor and his subcontractors shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles shall be visible from all directions. The Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the most recent version of the Manual on U niform Traffic Control Devices, and the CDOT M&S Standards. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. There shall be no individual payment for a Traffic Control Supervisor or Traffic Control Inspector, but the work shall be included in the project. Resetting, repairing, or replacing Traffic Control Devices is considered maintenance of the devices. Cleaning and maintenance of Traffic Control Devices shall not be paid for separately, but shall be included in the work. January 25, 2024 UTILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.10 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. The known utilities are shown on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed. The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 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 company. Utility service laterals shall also be located prior to beginning excavating or grading. BASIS OF PAYMENT All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility conflicts. END OF SECTION Appendix B - Seed Mixes NATIVE MIX FOR GRAVEL PITS - NORTH OF HWY 34 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 4.50 Little Bluestem (Blaze, Cimarron, Camper) 1.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Green Needlegrass 1.00 Western wheatgrass (Arriba, Barton, Rosana) 1.50 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 NATIVE MIX FOR GRAVEL PITS - SOUTH OF HWY 34 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 6.00 Smooth Brome (Lincoln, Manchar) 2.00 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.00 Total 14.00 NATIVE MIX FOR ROADWAYS - NORTH OF WCR 74 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) 1.50 Little Bluestem (Blaze, Cimarron, Camper) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.00 Blue Grama (Hachital, Lovington) 3.50 Western wheatgrass (Arriba, Barton, Rosana) 3.00 Switchgrass (Nebraska 28, Blackwell) 1.50 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Sand dropseed 0.25 Total 14.00 NATIVE MIX FOR ROADWAYS - SOUTH OF WCR 74 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.50 NATIVE MIX FOR ROADWAYS - WCR 77 Common Name Pounds PLS/Acre Smooth Brome (Lincoln, Manchar) 2.5 Little Bluestem (Blaze, Cimarron, Camper) 1.00 Streambank Wheatgrass (Sodar) 1.75 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.0 Blue Grama (Hachital, Lovington) 2.0 Western wheatgrass (Arriba, Barton, Rosana) 3.5 Switchgrass (Nebraska 28, Blackwell) 0.5 Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.5 Sand dropseed 0.25 Total 14.00 NATIVE MIX FOR ROADWAYS - EAST DAVIS Common Name Pounds PLS/Acre Western Wheatgrass (Arriba, Barton, Rosana) 2.0 Streambank Wheatgrass (Sodar) 2.0 Thickspike Wheatgrass 2.0 Slender Wheatgrass (Pryor, San Luis) 2.0 Canada Wildrye (Mandan) 2.0 Indian Ricegrass (Rimrock, White River) 2.0 Inland Saltgrass 2.0 Sand Dropseed 0.5 Total 14.50 NATIVE MIX FOR ROADWAYS - AU LT Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 5.00 Slender wheatgrass (Pryor, San Luis) 5.00 Streambank Wheatgrass (Sodar) 5.00 Sand dropseed 0.10 Total 15.10 Addendum # 1 Bid Request Number B2500017 Erosion Control and Revegetation Services Currently Reads: 1. Pages 1 and 3 of the specifications state the Bid Opening is Friday, February 28th at 10 AM. Page 9 and 10 of the specifications state the Bid Opening is February 27th at 10 AM. 2. Page 3 of the specifications state the bids will be read on February 28th at 10:30 AM. Change: 1. Bid Opening is February 28th at 11:00 AM. 2. Bids will be read February 28th at 11:30 AM. Bidder Request: The fee table on Pages 10-12 of the specifications was requested in an Excel format. Please see the uploaded document titled, 2025 BID TAB - ADDENDUM 1.xlsx. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: March 20, 2025 [Click to Update] Date of Signature Addendum # 2 Bid Request Number B2500017 Erosion Control and Revegetation Services Bidder Questions 1. Question: I just wanted to confirm that a bid bond is NOT required. Answer: Page 18 of the bid states, "A 5% Bid Bond is required at the time of Proposal submittal" 2. Question: This question pertains to the Insurance. Will there be any variances available? For example with the Commercial Liability amounts? Professional Liability and Builders Risk, in our Scope of Work we usually don't need these policies. Answer: Commercial Liability requirements have been reduced. Professional Liability and Builders' Risk requirements have been removed. (See changes #1, #2 and #3 below.) 3. Will Item 216 Class 3 TRM need to be Soil Filled? Answer: The line item should be priced for TRM materials and labor only. Topsoil should be priced separately. 4. Question: What is the application rate for Bonded Fiber Matrix? Answer: 3,000 LBS/Acre. (See change #4 below.) Currently Reads: 1. Commercial General Liability Insurance requirements listed on Page 14 of the specifications currently state: Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) 2,000 000 4,000 000 4,000 000 2,000 000 100, 000 10.000 2. Professional Liability Insurance requirements are currently listed on Page 15 of the specifications. 3. Builders' Risk Insurance requirements are currently listed on Pages 15-16 of the specifications. 4. The item description for Bonded Fiber Matrix on Page 12 of the specifications currently states: BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) Additionally, Appendix A of the specifications does not currently include Bonded Fiber Matrix. 5. Appendix A of the specifications does not currently include Soil Retention Blanket. Change: 1. Commercial General Liability Insurance requirements have been changed to the following: Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) 1,000 000 2,000 000 2,000 000 1,000 000 50, 000 5.000 2. Professional Liability Insurance is no longer required for this bid. 3. Builders' Risk Insurance is no longer required for this bid. 4. The item description for Bonded Fiber Matrix has been changed to the following; BONDED FIBER MATRIX (3,000 LBS/ACRE) In addition, the CDOT specification for Bonded Fiber Matrix shall be used, as follows: (g) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and shall be designed to be functional for a minimum of 9 months. BFMs form an erosion -resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM shall also be biodegradable. BFMs shall conform to the following requirements: Table 213-7 BONDED FIBER MATRICES PROPERTIES Property Requirement Test Method Ground Cover(%) 95 ASTM D6567 Biodegradability (%) 100 ASTM D5338 functional Longevity (months) 9 months minimum Cure Time (hours) 24-48 Cross -linked Tackifier 10°/0 minimum Application Application Rate (Ibs./Acre) 3,000 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. 5. The CDOT specification for Soil Retention Blanket shall be used, as follows: (b) Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw - Coconut) shall be amachine-produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable. Blankets shall be sewn together on a maximum 2 -inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections, which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio- Minimum Minimum Acceptable Min. Size of Net Size of Net Degradable Roll Matrix Fill Mass Opening Opening Thickness Class Width ASTM Material per Unit Photodegradable Biodegradable D6525 Area ASTM 6475 1 6.5 ft 205 mils Straw/ 8 oz/sy Min. 0.50"x0.50" Min. Coconut Max 0.75"x0.75" 0.50"x0.50" Max 0.50"x1.0" Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: March 20, 2025 [Click to Update] Date of Signature Addendum # 3 Bid Request Number B2500017 Erosion Control and Revegetation Services Bidder Questions 1. Question: Please confirm the only documents required in the bid are the completed Excel Bid Schedule, Attestation page from Schedule D and acknowledgements of any Addendums. Answer: In addition to the documents listed above, a 5% bid bond is required. Please refer to Page 18 of the Invitation for Bid. 2. Question: We were at your bid meeting, and we have a question about the items that you wanted us to not include on the bid sheet. Could you please provide us with those items or an updated bid sheet? Answer: The Fee table (Schedule D) contains items with a zero quantity, but bidders are still required enter a cost for those items. Those items are not anticipated to be used this year, so they are not part of the total bid calculation. However, if they are needed during the contract period, there will be a cost available for use. 3. Question: We understood that item 202 on the bid sheet you want to replace it with crushed rock, is that correct? Answer: Page 136 of Appendix A specifies `Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties:' For this contract, we will only be accepting crushed stone filled aggregate bags, so please price accordingly. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: March 20, 2025 [Click to Update] Date of Signature Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500017. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Jomax Construction Address: 1901 Main Street Platteville, CO 80651 Phone 970-352-9127 Jed.LeeaJomaxOB.us Email: 48^0813189 FEIN/Federal Tax ID #: CONTRACTOR: Name: Jed Lee Title: Reclamation Division Manager 2.27.2025 Date of Signature air BID NO # B2500017 Page 6 ITEM ITEM DESCRIPTION UNIT EST QTY UNIT PRICE PRICE TOTAL 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 80 $95.00 $7,600.00 202 SILT FENCE REMOVAL LF 8,000 $0.66 $5,280.00 202 AGGREGATE BAG REMOVAL LF 500 $2.99 $1,495.00 202 CONSTRUCTION FENCE REMOVAL LF 250 $1.50 $375.00 202 EROSION BALE REMOVAL EACH 100 $5.98 $598.00 202 EROSION LOG (TYPE 1 & STRAW) REMOVAL LF 6,000 $0.85 $5,100.00 202 (RETURN EROSION LOG PUBLIC (RUBBER WORKS -FILLED) STORAGE REMOVAL YARD) EACH 250 $10.00 $2,500.00 TO 207 TOPSOIL CY 100 $43.67 $4,367.00 208 SILT FENCE LF 8,000 $1.90 $15,200.00 208 AGGREGATE (SNAKE BAG (11" BAG OR EQUIV.) DIAMETER) LF 500 $6.60 $3,300.00 208 CONSTRUCTION (ORANGE PLASTIC W/ FENCE T -POSTS) LF 250 . $3.58 $895.00 208 EROSION (14-18 BALE (WEED X18"X FREE 36") STRAW) EACH 100 $26.81 $2,681.00 208 EROSION LOG (TYPE 1 EXCELSIOR) (12" DIAMETER) LF 2,500 $4.85 $12,125.00 208 EROSION LOG (TYPE 1 EXCELSIOR) (9" DIAMETER) LF 2,500 $3.65 $9,125.00 208 EROSION LOG (STRAW WATTLE) (9" DIAMETER) LF 1,000 $2.85 $2,850.00 208 EROSION (7" DIAMETER LOG (RUBBER EQUIV.) MINIMUM) -FILLED) (10' (BIG LENGTH) RED OR EACH 250 . $104.00 $26,000.00 208 SEDIMENT (MANUAL REMOVAL METHODS) AND DISPOSAL HR 50 $134.50 $6,725.00 208 SEDIMENT (SMALL REMOVAL EQUIPEMENT) AND DISPOSAL HR 20 $200.00 $4,000.00 212 DRILL SEEDING (NORTH (NATIVE OF MIX HWY FOR 34 GRAVEL ) PITS) ACRE 40 $495.00 $19,800.00 212 DRILL SEEDING (NATIVE (SOUTH OF MIX HWY FOR GRAVEL 34) PITS) ACRE 5 $550.00 $2,750.00 212 DRILL SEEDING (NORTH (NATIVE OF MIX WCR FOR ROADWAYS) 74) ACRE 30 . $505.00 $15,150.00 212 DRILL SEEDING (SOUTH (NATIVE OF MIX WCR FOR 74) ROADWAYS) ACRE 30 $425.00 $12,750.00 212 DRILL SEEDING (NATIVE (WCR MIX 77) FOR ROADWAYS) ACRE 20 $625.00 $12,500.00 212 DRILL SEEDING (NATIVE (EAST DAVIS) MIX FOR ROADWAYS) ACRE 5 $952.00 $4,760.00 212 DRILL SEEDING (NATIVE LT) MIX FOR ROADWAYS) ACRE 5 $833.00 $4,165.00 (AU 212 HYDRAULIC ROADWAYS) SEEDING (NORTH (NATIVE OF WCR MIX 74) FOR ACRE 5 $1,200.00 $6,000.00 212 HYDRAULIC ROADWAYS) SEEDING (SOUTH (NATIVE OF WCR MIX 74) FOR ACRE 5 $920.00 $4,600.00 212 HYDRAULIC ROADWAYS) SEEDING (NATIVE (WCR 77) MIX FOR ACRE 3 $1,208.00 $3,624.00 212 HYDRAULIC ROADWAYS) SEEDING (NATIVE (EAST MIX FOR ACRE 1 $2,350.00 $2,350.00 DAVIS) 212 HYDRAULIC SEEDING ROADWAYS (NATIVE )( AULT ) MIX FOR ACRE 1 $2,350.00 $2,350.00 212 BROADCAST ROADWAYS) SEEDING (NORTH (NATIVE OF WCR MIX 74) FOR SY 100 $1.00 $100.00 212 BROADCAST ROADWAYS) SEEDING (SOUTH (NATIVE OF WCR MIX 74) FOR SY 100 $1.00 $100.00 212 BROADCAST ROADWAYS) SEEDING (NATIVE (WCR 77) MIX FOR SY 100 $1.00 $100.00 212 BROADCAST ROADWAYS) SEEDING (EAST (NATIVE DAVIS) MIX FOR SY 100 $1.00 $100.00 212 BROADCAST ROADWAYS) SEEDING (NATIVE (AULT) MIX FOR SY 100 $1.00 $100.00 212 NURSE CROP (WB-CEDAR (15 PLS/ACRE) WHEAT OR EQUIV.) ACRE 20 $67.86 $1,357.20 212 COMPOST (MECHANICALLY APPLIED) CY 50 $68.00 $3,400.00 212 BIOTIC EARTH (HGM BLACK) (4,500 LBS/ACRE) ACRE 20 $4,800.00 $96,000.00 212 SOD (FESCUE) SF 0 $3.00 $0.00 213 STRAW MULCH (WEED FREE) (1.5 TONS/ACRE) i ACRE i 135 $560.00 $75,600.00 213 MULCH FIBER (200 TACKIFIER (300 LBS/ACRE) LBS/ACRE) + ACRE 135 b $460.00 $62,100.00 TACKIFIER WOOD 213 MULCH WOOD HYDRAULIC FIBER (2,000 (100 MULCH LBS/ACRE) LBS/ACRE) + ACRE 15 $1,350.00 $20,250.00 TACKIFIER 213 (MANUFACTURERS BONDED FIBER RECOMMENDED MATRIX RATE) ACRE 5 $500.00 $173 , 500.00 214 SEEDING MAINTENANCE (WATERING) HR 10 $175.00 $1,750.00 214 VEGETATION MAINTENANCE (MOWING) HR 10 $195.00 $1,950.00 216 SOIL RETENTION (PHOTODEGRADABLE) BLANKET (STRAW/COCONUT) SY b 5,000 $3.00 $15,000.00 216 SOIL RETENTION (BIODEGRADABLE) BLANKET (STRAW/COCONUT) SY 5,000 $3.25 $16,250.00 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIV.) SY 1,000 $17.50 $17,500.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 20 $600.00 $12,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) , EACH 20 $400.00 $8,000.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 207) EACH 1 $1,500.00 $1,500.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 207) EACH 1 $1,200.00 $1,200.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 10 $600.00 $6,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 10 $450.00 $4,500.00 626 MOBILIZATION NORTH OF 213) HWY 34 (ITEMS 212 AND EACH 10 $2,000.00 $20,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND EACH 10 $1,500.00 $15,000.00 213) 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 214) EACH 1 $600.00 $600.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 214) EACH 1 $450.00 $450.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 5 $600.00 $3,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 5 $400.00 $2,000.00 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) DAY 5 $457.31 $2,286.55 (M UTCD TA -6) 630 TRAFFIC (WITH FLAGGERS) CONTROL - (MUTCD LANE CLOSURE TA -10) DAY 0 $2,294.71 $0.00 SUM TOTAL $606,708.75 �. 4.4r1.4. Bid Bond IA Document A310Tm - 2010 CONTRACTOR: SURETY: (Nozzle, legal status and address) (Name, legal ,status and principal place Jomax Construction Company, Inc, of business) 4312 10th Street Place, PO BOX 701 Great Bend, KS 67530 OWNER: (Name, legal status and address) Weld County 1301 North 17th Avenue Greeley, CO 80601 BOND AMOUNT: Five Percent (5%) of the Total Amount Bid (5%) Pacific Indemnity Company 202B Hall's Mill Road Whitehouse Station, NJ 08889 PROJECT: (Name, location or address, and Project number, rf any) Bid No. B2500017 - Erosion Control and Revegetation Services, Greeley, CO This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment o f which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this [fond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall.obtain the Surety's consent for an extension beyond sixty (60) days. if this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory_ or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 25th day of February, 2025 Jomax Construction Company, Inc. (Seal) Witness k 1� A ..t.€1441?�A (Title) Pacific Indemnity Company (Surety) (Seal) cAvt. Cst 4147 (Witness) Sandra M. Engstrum a i . di (Title) Joshua R. I_ „Mis, Attorney -in -Fact CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will _ not be obscured. _ NA Document A310"" — 2010, Copyright © 1963. 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This Al Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document. or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 ................. �., F O -V =a SEAL 1926 �t •r ,. �'.,awa,,,.., ,. ACKNOWLEDGEMENT OF PRINCIPAL STATE OF C ccItfGria COUNTY OF __6LQ,la On this 5(. day of�c��.�'�r , in the year , before me personally appeared FE( , s c.,2€ C .% ,Th C -4n4.1-0 er- Jomax Construction Company, Inc. of known to me to be the person whose name is subscribed to the instrument, and acknowledge that he/she executed the same. In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written. LAURIE ANN WOODRUFF NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039448 MY COMMISSION EXPIRES MAR. 08, 2028 STATE OF Minnesota COUNTY OF Hennepin Lusa. ' My Commission Expires: i yg\xxLcirTh e a � 8 ACKNOWLEDGEMENT OF SURETY On this 2 5h day of February _ , in the year 2 (25 , before me personally come(s) Joshua R. Loftis , Attorney -in -Fact of Pacific incipmnity emmnantw with whom I am personally acquainted, and who, being by me duly sworn, says that he/she is the Attorney -in -Fact of Pacific Indemnity Comnan v the company described in and which executed the within instrument; that he/she know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company, and that he/she signed said instrument as Attorney -in -Fact of the said Company by like order. In WITNESS WHEREOF, I have hereunto set my hands and affixed my official seal, the day and year in this certificate first above written. SANDRA M ENGSTRUM NOTARY PUdLMC - MINMESOTA My Commission Expires snug 31 n c744/1 Ot ifytwii".- Sandra M. Engstrum , Notary Public My Commission Expires: January 31 2 02 6 3 E Power of Attor=ney Federal Insurance Company I Vigilant Insurance Company [ Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Kristine M. Becks, Melinda C. Blodgett, R. C. Bowman, Joseph Cardinal, Sarah Dragt, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis, Ryan -Olivia E. Lundy, Austin Muehlschlegel, Michelle Morrison, Brian J. Oestreich, Nicole Stillings, Nathan Weaver and Colby D. White of Minneapolis, Minnesota - ---------- each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behal f as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 7 is day of January, 2025. r-' Th. \fte.a--� -,t! Rupert H 0 Swindells. Assistant Secretary STATE OF NEW JERSEY County of Hunterdon SS. kon,,L),Nsa, Sa R Qom. \\ irren Eichhorn. Vice President rwrt. i um. tn. • On this 7th day of January, 202S before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Compa ales; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal Albert Contursi NOTARY D1.IiUK OF NEW JERSEY No 50202369 Commission Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the fallowing authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal ofthe Company or otherwise. (2) Each duly appointed attorney -in -fact o f the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (3) (4) Each of the' Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more partimlar Written Commitments. (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment° r delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 25, 2025 arn: o y F arg.rat z EA ti'.se, 1 Rupert HD Swindells. Assistant Sezecary i IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OE ANY OTHER MATTER, PLEASE CONTACT US AT: Telet:hone 1908 1 903- 3493 Fax (908 1 903- 3656 e-mail: sure! \ABchubb.com Combined: FE D-VIG-PI-WFIC-AA1C (rev. 11-19) Addendum # 1 Bid Request Number B2500017 Erosion Control and Revegetation Services Currently Reads: 1. Pages 1 and 3 of the specifications state the Bid Opening is Friday, February 28th at 10 AM. Page 9 and 10 of the specifications state the Bid Opening is February 27th at 10 AM. 2. Page 3 of the specifications state the bids will be read on February 28th at 10:30 AM. Change: 1. Bid Opening is February 28th at 11:00 AM. 2. Bids will be read February 28th at 11:30 AM. Bidder Request: The fee table on Pages 10-12 of the specifications was requested in an Excel format. Please see the uploaded document titled, 2025 BID TAB - ADDENDUM 1.xlsx. Addendum Acknowledgement ***A sinned copy must be submitted with your bid. Thank your** Company Name: ^"S��vCas-Thouccisass; Signature: Name: eS `U.) bze Title: ca“ _,&.; /uk AA" A (Lt &Cr February 27, 2025 [Click to Update] Z Zci- z5 Date of Signature Addendum # 2 Bid Request Number 82500017 Erosion Control and Revegetation Services Bidder Questions 1, Question: I just wanted to confirm that a bid bond is NOT required. Answer: Page 18 of the bid states, "A 5% Bid Bond is required at the time of Proposal submittal". 2. Question: This question pertains to the Insurance. Will there be any variances available? For example with the Commercial Liability amounts? Professional Liability and Builders Risk, in our Scope of Work we usually don't need these policies. Answer: Commercial Liability requirements have been reduced. Professional Liability and Builders' Risk requirements have been removed. (See changes #1, #2 and #3 below.) 3. Will Item 216 Class 3 TRM need to be Soil Filled? Answer: The line item should be priced for TRM materials and labor only. Topsoil should be priced separately. 4. Question: What is the application rate for Bonded Fiber Matrix? Answer: 3,000 LBS/Acre. (See change #4 below.) Currently Reads: 1. Commercial General Liability Insurance requirements listed on Page 14 of the specifications currently state: Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) 2,000,000 4,000,000 4,000 000 2,000,000 100, 000 10.000 2. Professional Liability Insurance requirements are currently listed on Page 15 of the specifications. 3. Builders' Risk Insurance requirements are currently listed on Pages 15-16 of the specifications. 4. The item description for Bonded Fiber Matrix on Page 12 of the specifications currently states: BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) Additionally, Appendix A of the specifications does not currently include Bonded Fiber Matrix. 5. Appendix A of the specifications does not currently include Soil Retention Blanket. Change: 1, Commercial General Liability Insurance requirements have been changed to the following: Such policy shall include minimum limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) 1,000,000 2,000,000 2,000,000 1,000,000 50,000 5,000 2. Professional Liability Insurance is no longer required for this bid. 3. Builders' Risk Insurance is no longer required for this bid. 4. The item description for Bonded Fiber Matrix has been changed to the following; BONDED FIBER MATRIX (3,000 LBS/ACRE) In addition, the CDOT specification for Bonded Fiber Matrix shall be used, as follows: (g) Bonded Fiber Matrices (BFM). BFM shall consist of hydraulically -applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and shall be designed to be functional for a minimum of 9 months. BEMs form an erosion -resistant blanket that promotes vegetation and prevents soil erosion. The BFM shall be 100 percent biodegradable. The binder in the BFM shall also be biodegradable. BFMs shall conform to the following requirements: Table 213-7 BONDED FIBER MATRICES PROPERTIES Property Requirement Test Method Ground Cover0/0) 95 ASTM D6567 Biodegradability (°/01 - 100 A STM D5338 functional Longevity cmonthsi 9 months minimum Cure Time ihoursi 24-48 Cross -linked Tackifier 10% minimum Application Application_ Rate clbs./Acre) 13, 000 The fibers shall not contain lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. 5. The CDOT specification for Soil Retention Blanket shall be used, as follows: (b) Soil Retention Blanket (Straw -Coconut). Soil Retention Blanket (Straw - Coconut) shall be a machine -produced mat consisting of 70 percent certified weed free agricultural straw or Colorado native grass straw and 30 percent coconut fiber. The blanket shall be either biodegradable or photodegradable. Blankets shall be sewn together on a maximum 2 -inch centers. Netting shall be as follows: When biodegradable netting is specified, the top and bottom netting shall be 100 percent biodegradable organic jute fiber. Netting shall be constructed using a weave unattached at intersections, which allows the strands of the net to move independently of each other. When photodegradable netting is specified, the bottom side shall be lightweight polypropylene. The top side shall be heavyweight or lightweight polypropylene. Table 216-1 PHYSICAL REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Photo/Bio- Degradable Class Minimum Roll Width Minimum Thickness ASTM D6525 Acceptable Matrix Material Fill Min. Mass per Area ASTM 6475 Unit 1 Size Opening Photodegradable of Net Size Opening Biodegradable of Net _ 1 E 6.5 ft 205 mils Straw/ Coconut 8 oz/sy Min. Max 6.56"x0.56" 0.75"x0.75" Min. 0.50"x0.50" Max 0.50"x1.0" Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your*** Company Name: _.,�A•i-Ai Cokiatz1Lcartoki Signature: Name: St-ei Li? Title: February 27, 2025 A .v 24 Co /at. Date of Signature Addendum # 3 Bid Request Number 82500017 Erosion Control and Revegetation Services Bidder Questions 1. Question: Please confirm the only documents required in the bid are the completed Excel Bid Schedule, Attestation page from Schedule D and acknowledgements of any Addendums, Answer: In addition to the documents listed above, a 5% bid bond is required. Please refer to Page 18 of the Invitation for Bid. 2. Question: We were at your bid meeting, and we have a question about the items that you wanted us to not include on the bid sheet. Could you please provide us with those items or an updated bid sheet? Answer: The Fee table (Schedule D) contains items with a zero quantity, but bidders are still required enter a cost for those items, Those items are not anticipated to be used this year, so they are not part of the total bid calculation. However, if they are needed during the contract period, there will be a cost available for use. 3. Question: We understood that item 202 on the bid sheet you want to replace it with crushed rock, is that correct? Answer: Page 136 of Appendix A specifies `Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties:' For this contract, we will only be accepting crushed stone filled aggregate bags, so please price accordingly, Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: s - At) C - .Z" Ct4.4 f Date of Signature Signature: Name: Title: .- Q Con.) L. EE 11 i it; February 27, 2025 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE O F T H IS STATEMENT: 3/6/2025 All questions herein must be answered by bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder(s) as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Bidder (Company or Firm): Jr miax Constructicri 2. Permanent Main Local Office Address: 1901 Main Street,P latteville CO 80651 3. Phone Number: 970-702-7 4O 4. Year Company Organized: July 15 1974 5. Number of Years the Company has Performed Erosion Control and Revegetation: 5 6. Under what firm, company or trade names has this company been engaged in Erosion Control/Revegetation services, how long under each name and how long has each company been bonding work? 7. List all Erosion Control/Revegetation projects the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each. Oxy Well Support Operations Ft Lupton Gas PlantiMaintenance Western GME Reclamation allgrass Pad Erosion M Elk Creek ROW Maintenance $T&M Call out rate sheet Ongoing $ $40,000.00 June 2025 $ $77,000 April 2025 $ T&M Ongoing $ N-ov 2025 8. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. None 9. List all contracts within the last three years for which liquidated damages were assessed or may be assessed. None 10. List all contracts within the last three years during which or after which the Company filed a protest with the owner. None 11. List all contracts within the last three years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. None 12. Has any owner, as party to any of the Company's contracts within the last three years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. None 13. Describe all contracts that the Company failed to complete. None 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. None 15. List all, or a maximum of three, of the most recent Erosion Control/Revegetation projects located in Weld County which the Company has successfully completed within the last five years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Show experience in both rural and urban areas of Weld County. Project Name: PFGEPipeline ROW maintenance Location: Weld County (Hereford to Briggsdale area) Owner's Representative: Mark Miller Completion Date: Oct 2024 Supt: Nathan Paule), Phone: 970-441-0753 Contract Amount: _$150,000.00 Project Name: Multiple ROW Reclamatl.,on124a_ Location: Weld County Supt:Bill Smith & Nathan Pauley Owner's Representative: Chad Gilliland Phone: 512-630-5711 Completion Date: Spring & Fall Contract Amount: Range for SLOW - M3000 -00 Project Name: Front Range Gas Plat Erosion Location: KQQnesburg Colorado Owner's Representative: Justin Wartsbau I Completion Date: Sept 2024 Supt: Nathan Pauley Phone: 303-204-2012 Contract Amount: $24,000.00 16. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will d0 and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION CAH Straw Hauling,and Straw Material % WORK 5% 17. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME Jed Lee Tyler Herzog Seth Bolerjack Bill Smith Nathan Pauley TITLE Division Manager Project Manager ProjectMan_age_r Superintendent Superintendent EXPERIENCE (YRS) 10_years 12 y ars 10 Years 9 Years 7 •si ea rs 1$. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. None The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested bythe County of Weld in verification of the recitals comprisingthis Statement of Qualifications and Subcontractors, Dated this day of MA beer) .s' Bidder: ec.) att`a% By: Name: , 2025. ( ot SfruCke ‘ci Company Signature Cf\r-clia:tine. (Please Type) Title: i7 , rseckrx- cfrc �S` �tc-��-�a � S N OTA RY County of ss. State of Col o C (t e) o y t tfr an(i being duly sworn, deposes and says that he is _ Fe c-kr �'�r oftcc( Lan of (Title) iffit.'it. f _ (Company Name) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this (SEAL) 1, (uw"%-. day of, 2025. ()01/4tui.t. �Jte&b4A LAURIE ANN WOODRUFF NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039048 MY COMMISSION EXPIRES MAR. 08, 2028 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2025 To. Jomax Reclamation 1901 Main St. Platteville, CO 80651 Project Description: The project generally consists of placing, maintaining and removing erosion control devices and seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the County. Sites are generally within a corridor from Weld County Road 1 to Weld County Road 157 and from Weld County Road 2 to Weld County Road 138. Services will be requested through task orders and may include any or all of the following: placement, maintenance and removal of erosion control devices, such as erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items; and revegetation services, such as soil preparation (tilling and ripping), drill seeding, broadcast seeding, hydraulic seeding, placing sod, mulching, and hydraulic mulching. This project is not subject to Federal or State contract requirements. The Owner has considered the Bid submitted by you for the above -described work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted for the line -item costs provided, and the Owner is offering an award amount not to exceed $250,000.00. Please be aware that the total award amount is not guaranteed due to the `on -call' nature of the contract. Services and estimated quantities will be identified as project task orders are developed by the Owner and accepted by you. You are required by the Instructions to Bidders to execute the Agreement and furnish the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 17th day of March , 2025 Weld County, Colorado, Owner By: Lyndsay Holbrook, WQ Permit Coordinator Init. IA Document A312Tm Performance Bond CONTRACTOR: (Name, legal status and address) Jomax Construction Company, Inc. 1901 Main Street Platteville, CO 80651 OWNER: (Name, legal status and address) Weld County 1301 North 17th Avenue Greeley, CO 80601 Bond No. K4204944A 2010 SURETY: (Name, legal status and principal place of business) Pacific Indemnity Company 2028 Hall's Mill Road Whitehouse Station, NJ 08889 CONSTRUCTION CONTRACT Date: March 31, 2025 Amount: $250,000.00 Description: Bid No. B2500017 - Erosion Control and Revegetation Services Greeley, CO (Name and location) BOND Date: March 31, 2025 (Not earlier than Construction Contract Date) Amount: $250,000.00 Modifications to this Bond: ►A None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Jomax Construction Company, Inc. Cl See Section 16 for 2025, SURETY Company: (Corporate Seal) Pacific Indemnity Company Signature: _ . 1 j .s Signature - Name 19CdetName and Title: (ter and Title: (Any additional signatures appear on the last page of this (FOB INFORMATION ONLY AGENT or BROKER: Holmes, Murphy and Associates, LLC 1601 Utica Ave. S., Suite 700 St. Louis Park, MN 55416 (612) 349-2400 Jo a R. Loftis Attorney -in -Fact Performance Bond.) Name, address and telephone) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. s,.. �aettt nits, ••. ti /� /y' T` r 1 � (� igbts .� Z . c ..0 i _a SEAL 1.42 1926 f Ids ,41• 1/4 _ • o \� AIA Document A312", - 2010. The American Institute of Architects. 061110 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after . 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; . 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and . 3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: . 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312TM — 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for . 1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; . 2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and . 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. A!A Document A312Tm — 2010. The American Institute of Architects, f § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) N/A N/A Init. Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A312 TN — 2010. The American Institute of Architects. / init. °AIA Document A312 TM Payment Bond CONTRACTOR: (Name, legal status and address) Jomax Construction Company, Inc. 1901 Main Street Platteville, CO 80651 OWNER: (Name, legal status and address) Weld County 1301 North 17th Avenue Greeley, CO 80601 Bond No. K4204944A 2010 SURETY: (Name, legal status and principal place of business) Pacific Indemnity Company 202B Hall's Mill Road Whitehouse Station, NJ 08889 CONSTRUCTION CONTRACT Date: March 31, 2025 Amount: $250,000.00 Description: Bid No. B2500017 - Erosion Control and Revegetation Services for (Name and location) 2025, Greeley, CO BOND Date: March 31, 2025 (Not earlier than Construction Contract Date) Amount: $250,000.00 Modifications to this Bond: ® None D See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Coin any : (Corporate Seal) Jomax Construction Company, inc. Pacific Indemnity Company Signature: Name r PthotA �- and Title: col/tiro ‘a �- (Any additional signatures appear on the last page of this Payment Bond) Signature: Name Joshua R. Loftis and Title: Attorney -in -Fact (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Holmes, Murphy and Associates, LLC 1601 Utica Ave. S., Suite 700 St. Louis Park, MN 55416 (612) 349-2400 (Architect, .Engineer or other party.) This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. 44444 its l In.," 4" �� "�•, 4: 1V.-0\ z 01 en SEAL - ' 1926 • rr,• �t ipta 44 *rn 4444444 nkl S� fS*1. ,.; AY',,,,,• AIA Document A31271" —2010. The American Institute of Architects. 061110 5 t § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. MA Document A312Tm —2010. The American institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been firnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heref om and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: . 1 the name of the Claimant; . 2 the name of the person for whom the labor was done, or materials or equipment furnished; . 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; . 4 a brief description of the labor, materials or equipment furnished; . 5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; . 6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and . 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity hawing a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312T"" — 2010. The American Institute of Architects. § 15.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 15.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Init. Company: (Corporate Seal) N/A S ignature: Name and Title: Address Company: N/A Signature: Name and Title: Address (Corporate Seal) CAUTION: You should sign an original AIA Contract Document, on which this tenet appears in RED. An original assures that changes will not be obscured. AIA Document A312T"m — 2010. The American Institute of Architects. r ter Feel S _ � Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Kristine M. Becks, Melinda C. Blodgett, R. C. Bowman, Joseph Cardinal, Sarah Dragt, Sandra M. Engstrum, R. W. Frank, Ted Jorgensen, Joshua R. Loftis, Ryan -Olivia E. Lundy, Austin Muehlschlegel, Michelle Morrison, Brian J. Oestreich, Nicole Stillings, Nathan Weaver and Colby D. White of Minneapolis, Minnesota each as their true and lawful Attorney-in-Factto execute under such designation in their names and to affix their corporateseals to and deliver for and on their behalf as suretythereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this i th day of January, 2025, Rupert HD Swindells. .A Sisrant Secretary STATE OF NEW JERSEY County of Hunterdon SS. 11 E[(:11114)111 VIiIII c.4icicl1t On this ?tb day of January, 2025 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal Albert Contursi NOTARY RUIRIC OF NEW JERSEY tie Sn02369 Commission Expires Augtat 22,2027 Notify Puhlte CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): ( Z) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commibment for and on behalf of the Company, under the seal of the Company or otherwise, Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact, Each of the Chairman, the President anti the Vice Presidents of the Company is hereby authorized, for and an behalf of the Company, to appoint in writing any person the attorney -in - fact of the Company with full power and authority to execute, for and on behalfof the Company, under the seal of the Company or otherwise, such Written Comtnitrrients of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate ill writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, whichspecification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by facsimile on such Written Commitmentorwrittenappointmentordelegation, FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority ofofl'icers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the foregoing Power of Attorney is true, correct and in full force and effect Given Lender my hand and seals of said Companies at Whitehouse Station, NJ, this March 31, 2025 (2) (3) (5) eI x'74 rI • ti"L tt It h,s Rupert HD Swindells, Assistant Secretary 1N THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT: Tclephone 1,91181903- 3493 Fax 19081903- 3656 e-nnall: surrtv@chubh.tbm Combined: FED-VIG-PI-WFIC-AAIC (rev 11-19) Page 1 of 2 ACOR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/25/2025 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(ies) 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 Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: WTW Certificate Center PHONE 1-877-945-7378 JA/C, No, Ext): E-MAIL ADDRESS: certificates@wtwco.com FAX 1-888-467-2378 INSURER(S) AFFORDING COVERAGE INSURER A : Zurich American Insurance Company NAIC # 16535 INSURED Jomax Construction Company, Inc. P.O. Box 701 Great Bend, KS 67530 INSURER B : AXIS Surplus Insurance Company 26620 INSURER C : Steadfast Insurance Company 26387 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: W37859318 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. ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY Y Y GL0 8902940-05 12/31/2024 12/31/2025 EACH OCCURRENCE S 2,000,000 CLAIMS -MADE " OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 2,000,000 X Contractual Liability MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG S 4,000,000 S OTHER: A AUTOMOBILE LIABILITY Y Y BAP 8488453-05 12/31/2024 12/31/2025 COMBINED SINGLE LIMIT ,Ea accident) S 5,000,000 x.. ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS ONLY y ' ` NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) S S B UMBRELLA LIAB i\\ OCCUR Y Y P-001-000068228-07 12/31/2024 12/31/2025 EACH OCCURRENCE S 1,000,000 AGGREGATE 1,000,000 '>, EXCESS LIAB CLAIMS -MADE S DED RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N N/A Y WC 8902941-05 12/31/2024 12/31/2025 / PER STATUTE OTH- ER E.L. EACH ACCIDENT 5 5,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No E.L. DISEASE - EA EMPLOYEE S 5,000,000 (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 5,000,000 A Installation Floater / Builders Risk MBR 0084170-09 05/01/2024 05/01/2025 Limit $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This Voids and Replaces Previously Issued Certificate Dated 02/25/2025 WITH ID: W37853592. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION Weld County Department of Public Works Attn: Lyndsay Holbrook P.O. Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27338326 BATCH: 3848678 AGENCY CUSTOMER ID: LOC #: /42.1.116.41 ACORO® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis Towers Watson Midwest, Inc. NAMED INSURED Jomax Construction Company, P.O. Box 701 Great Bend, KS 67530 Inc. POLICY NUMBER See Page 1 CARRIER See Page 1 NAIC CODE See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance County, its subsidiary, parent, associated and/or affiliated entities, successors, departments, employees, agents, and volunteers are included as Additional Insureds Auto Liability, Pollution Liability and Umbrella/Excess Liability when required by to the loss. or assigns, its elected officials, as respects to General Liability, written contract and executed prior General Liability, Auto Liability, Pollution Liability and Umbrella/Excess Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds when required by written contract and executed prior to the loss. Waiver of Subrogation applies in favor of County with respects to General Liability, Auto Liability, Pollution Liability, Professional Liability, Umbrella/Excess Liability and Workers Compensation when required by written contract and executed prior to the loss and as permitted by law. Umbrella/Excess Follows Form. INSURER AFFORDING COVERAGE: Steadfast Insurance Company NAIC#: 26387 POLICY NUMBER: EOC 5819306-11 EFF DATE: 12/31/2024 TYPE OF INSURANCE: Contractors Contractors Incl Mold Prof -Claims Made Poll -Occurrence LIMIT DESCRIPTION: Ea Claim/Agg Ea OCC/Agg Combined Policy Agg EXP DATE: 12/31/2025 LIMIT AMOUNT: $5,000,000 $5,000,000 $5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 27338326 BATCH:3848678 CERT: W37859318 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO $902940-05 Effective Date: 12/31/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE MAN001 Name Of Additional Or Organization(s): Insured Person(s) Location(s) Of Covered Operations loss. Blanket agreement, when or required permit and by written is executed contract, prior to All written projects contract. or locations where required by Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only to the extent of liability for "bodily injury", "property damage" or "personal and advertising injury" caused, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 location of the covered operations has been completed; or 2. 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms, conditions, provisions and exclusions of this policy remain the same. M -GL -5733-A CW (11/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured - Owners, Lessees Or Contractors - Completed Operations ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO $902940-05 Effective Date: 12/31/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE MAN 002 Name Of Additional Or Organization(s): Insured Person(s) Location And Description Of Completed Operations Blanket or permit when required and is executed by written prior to contract, loss. agreement All contract. projects or locations where required by written Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only to the extent of liability for "bodily injury" or "property damage" caused by your negligent acts or omissions in the completion of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same. M -GL -5735-A CW (11/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: GLO 8902940-05 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GLO 8902940-05 COMMERCIAL GENERAL LIABILITY CG 24 04 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATEDSITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization when required by written contract, agreement or permit executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: BAP 8488453-05 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: APi Group, Inc. Endorsement Effective Date: 12/31/2024 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization when required by written contract, agreement or permit and is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL AUTO Policy Number: BAP 8488453-05 CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 O Insurance Services Office, Inc., 2016 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTm POLICY NUMBER: BAP 8488453-05 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: APi Group, Inc. Endorsement Effective Date: 12/31/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization when required by written contract, agreement or permit and is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA04441013 O Insurance Services Office, Inc., 2011 Page 1 of 1 I� AXIS EXCESS INSURANCE Endorsement Number Effective Date of Endorsement Policy Number Premium 12:01 a.m. on 12/31/2024 P-001-000068228-07 AMENDATORY ENDORSEMENT -ADDITIONAL INSURED AND PRIMARY AND NON-CONTRIBUTORY FOLLOW FORM It is agreed the policy is amended to include the following language: This insurance shall follow form the Additional Insured status and Primary and Non -Contributory language of the followed policy. It is agreed and understood that the coverage provided by this policy will be no broader than the followed policy. All other provisions of the policy remain unchanged. AXIS 1011779 0119 Page 1 of 1 i s AXIS EXCESS INSURANCE Endorsement Number Effective Date of Endorsement Policy Number Premium 12:01 a.m. on 12/31/2024 P-001-000068228-07 WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the section entitled CONDITIONS; the paragraph entitled Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive rights of recovery we may have because of payments we make for bodily injury or property damage arising out of your work performed under a written contract requiring such waiver with that person or organization and included in the premises/operations and products -completed operations hazard. However, our rights may only be waived prior to the occurrence giving rise to the injury or damage for which we make payment under this policy. All other provisions of the policy remain unchanged. AXIS 1011779 0119 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 12/31/2024 Issued to API GROUP, INC. By Zurich American Insurance Company forms a part of Policy No. WC 8902941-05 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 any one not named in the Schedule. Schedule Any person or organization required by written contract, agreement or permit executed prior to the loss. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Texas, Utah, or Washington. This form is not applicable in Missouri when there is a construction code on the policy and there is Missouri premium or exposure. 7,1791' WC 00 03 13 Countersi ned b g Y (Ed. 04/84) Authorized Representative Blanket Notification to Others of Cancellation or Non -Renewal ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 8902940-05 Effective Date: 12/31/2024 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U -GL -1521-B CW (01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. SCHEDULE total endorsement number of is days amended for mailing to or indicate delivering the following with respect number to of Paragraph days: B.1. of ** The this endorsement total number of is days amended for mailing to indicate or delivering the following with respect number to of Paragraph days: B.2. of **** The this * If ** a number is not If a number is not shown shown here, 10 here, days 30 days continues continues to apply. to apply. All other terms and conditions of this policy remain unchanged. U -GL -1521-B CW (01/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Notification to Others of Cancellation or Non -Renewal ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 8488453-05 Effective Date: 12/31/2024 This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part SCHEDULE The this endorsement total number of is days amended for mailing to or indicate delivering the following with respect number to of Paragraph days: B.1. of * ** this total endorsement number of is days for amended mailing to indicate or delivering the following with respect number to of Paragraph days: B.2. of The * If ** a number is not If a number is not shown shown here, 10 here, days continues 30 days continues to apply. to apply. A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. U -CA -832-B CW (03/23) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms, conditions, provisions and exclusions of this policy remain the same. U -CA -832-B CW (03/23) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AXIS AXIS EXCESS INSURANCE Endorsement Number Effective Date of Endorsement Policy Number Premium 12:01 a.m. on 12/31/2024 P-001-000068228-07 CERTIFICATE HOLDERS NOTICE OF CANCELLATION ENDORSEMENT It is agreed that: If we cancel this policy for any reason, other than non-payment of premium, we will endeavor to provide notice of cancellation to the persons or organizations who have been issued a Certificate of Insurance pertaining to this policy and who have been specifically and individually identified in writing to us by you and for who you have provided mailing addresses, including but not limited to the Certificate Holder's designee for receipt of such notices, prior to the effective date of cancellation. We will endeavor to provide such notice of cancellation via U.S. First Class Mail to such identified Certificate Holders within 30 days of the effective date of such cancellation. Such notice of cancellation may be provided to the persons or organizations identified and designated by you before or after the effective date of cancellation. The notice will state the effective date of cancellation. However, such notice of cancellation is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant, alter or extend any rights or obligations under this policy. Failure to give notice in accordance with the terms of this endorsement does not: 1. alter the effective date of policy cancellation, 2. render such cancellation ineffective, 3. grant, alter or extend any rights or obligations under this policy; 4. extend the insurance beyond the effective date of cancellation; or 5. impose any liability of any kind upon us or any of our agents or representatives. All other provisions of the policy remain unchanged. AXIS 1010411 0417 Page 1 of 1 Endorsement ZURICH Policy No. Eff. Date of Pol Exp. Date of Pol. Eff-. Date of End Producer Add'1 Prem Return Prem WC 8902941-05 12/31/2024 WORKERS COMPENSATION AND EMPLOYERS LIABLITY INSURANCE POLICY BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within ten days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WC990643 (0113) Page 1 of 1 Hello