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Home My WebLink About20240843.tiffconlvac4- IDtkoil ►4 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Verdant Environmental Enforcement Contract Renewal Extension DEPARTMENT: Public Works DATE: February 18, 2025 PERSON REQUESTING: Tina Booton Brief description of the problem/issue: 2024 was the first year of the bid for the enforcement mowing and spraying contracts. 2025 is the first year of the spraying and mowing enforcement contract renewal. Verdant Environmental, as the spraying contractor has increased their skilled labor spraying cost by $10/acre which is a 9% increase over the 2024 bid prices, and the set-up charge by $40 per site. Verdant Environmental is also a back-up option for mowing enforcements. The mowing cost has increased by $15/acre which is approximately a 14% increase over the 2024 bid prices, and the set-up fee increased by $90 to $110 per site. The company selected to carry out the mowing enforcement will be determined by the best price for the landowner and contractor availability. The contractor was responsive when contacted in 2024 and this spring, even though we did not utilize them in 2024. There were no issues. What options exist for the Board? Option A. Accept the contract extensions for Verdant Environmental enforcement contractor. Option B. Re -bid the spraying enforcement contract. Consequences: If the contract is not renewed, a new bid will have to be released. Impacts: Weld County landowners that have enforcement carried out on their land may be paying a higher price. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The Weed Division is a pass - through entity for these funds. The landowner will ultimately pay for the cost of carrying out an enforcement on their property. The PO for this contract is set at $5000.00. Recommendation: Option A- Accept the contract extensions for Verdant Environmental enforcement contractor. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Chair Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross 3/i b/25 CC; onlock1(Pu ) Ur)asiV1 o/25 2024 - b% Ec-1ou'6'z MEMORANDUM TO: Esther Gesick, Clerk to the Board DATE: 03/03/25 FROM: Tina Booton, Public Works SUBJECT: Enforcement Contractor less than $5,000 PO Please place the following Enforcement Contractor Renewal on the next available BOCC Agenda. The spraying enforcement contractor is Verdant Environmental. They have raised their acre rate by $10 which is a 9% increase over the 2024 bid prices. Verdant Environmental is also a back-up option for mowing enforcement. The mowing cost has increased by $15/acre which is approximately a 14% increase over the 2024 bid prices. The total cost of an enforcement plus administration fees is covered by the landowner that has an enforcement carried out on their property. Weld County is a pass -through entity for these charges. CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND VERDANT ENVIRONMENTAL This Agreement Extension/Renewal ("Renewal"), made and entered into o' day of March, 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Verdant Environmental, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2024-0843, approved on March 13, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 12, 2025. The parties agree to extend the Original Agreement for an additional one- ear period, which will begin March 13, 2025, and will end on March 12, 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. The total new cost will not exceed $5000 for term. 2. Attachments, Exhibit A and B have been updated to reflect current rate change. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Radrrr At te, Pr�p Name Signature, BOARD OF COUNTY COMMISSIONERS W • COUNTY, COLORADO Perry L. B(ick, Chair MAR 1 0 2325 ATTEST: W/ `i;c1 Weld County Clerk to the Board BY: ha �P Deputy Clerk to the Board zoi4-oV-B Exhibit B BID ITEMS FOR MOWING CONTRACT Bid Item Region 1 Class I $120 Class II $165 Class III $220 ** All mowing bid prices are on a per acre rate. pet -up charge per parcel: Region I Region II $200 $250 Region 2 $135 $180 $230 Region III $200 Region 3 $120 $160 $205 Down -Time Charge: $110 per hour Region IV $200 Region 4 $120 $160 $215 Respectfully submitted: Firm or Business Name: Verdant Environmental LLC By: Position or Title: Harry Alles, Owner Address: 22360 County Rd 54, Greeley, CO 80631 Date: 01-28-2025 Phone Number: 303-775-2529 82400045 16 Exhibit A BID ITEMS FOR SPRAYING CONTRACT Bid Item Class I Class II Class III Class IV Region 1 $105 $160 $90 $90 Region 2 $120 $175 $100 $100 ** Class I bid prices is on a per acre rate. ** Class II, Ill and IV bid items are on a per hour rate. Set-up charge per parcel Region I Region II $150 $180 Down -Time Charge: Region 3 $105 $160 $90 $90 Region III $150 $90 per hour Herbicides Cost per Ounce 2, 4-D Amine $0.40 Dicamba $0.65 Vista XRT or Fluroxypyr $1.40 Telar XP $27.00 Milestone $3.10 Plateau or Imazapic $2.00 Rejuvra $10.20 Garton 3A or Triclopyr aquatic $1.05 90% Non -Ionic Surfactant $0.45 Methylated Seed Oil Surfactant $0.45 Region 4 $105 $160 $90 $90 Region IV $150 Expected Rate of Use per Acre 32 oz 32 oz 20 oz 2 oz 7 oz 8 oz 5 oz 1 gallon chem : 1 gallon H2O 32 oz/100 gallons 32 oz/100 gallons Respectfully submitted: Firm or Business Name: Verdant Environmental LLC By: '"'' F Position or Title: Harry Alles, Owner Address: 22360 County Rd 54, Greeley, CO 80631 Date: 01-28-2025 Phone Number: 303-775-2529 82400045 17 tract F Entity Information Entity Name* Entity ID* VERDANT ENVIRONMENTAL LLC @00047762 Contract Name" ENFORCEMENT SERVICES Contract Status CTB REVIEW Contract ID 9114 Contract Lead * TBOOTON Q New Entity? Parent Contract ID 7860 Requires Board Approval YES Contract Lead Email Department Project # tbooton@weld.gov Contract Description * FIRST YEAR EXTENSION OF THE 2024 ENFORCEMENT BID CONTRACT. THE CONTRACTORS SERVICES OF SPRAYING AND/OR MOWING WILL BE UTILIZED IF AN ENFORCEMENT HAS TO BE CARRIED OUT ON PRIVATE PROPERTY. Contract Description 2 Contract Type* AGREEMENT Amount* $5,000.00 Renewable* YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date PUBLIC WORKS Date* 02/20/2025 02/24/2025 Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 02/02/2026 Renewal Date* 03/13/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DUANE NAIBAUER CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/05/2025 03/06/2025 03/06/2025 Final Approval BOCC Approved Tyler Ref # AG 031025 BOCC Signed Date Originator TBOOTON BOCC Agenda Date 03/10/2025 Conc'_-�-- IDa1-1cicl WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & VERDANT ENVIRONMENTAL, LLC 2024 EROSION CONTROL AND REVEGETATION SERVICES CONTRACT THIS AGREEMENT is made and entered into this ( uday of {vli , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Verdant Environmental, LLC [a limited liability company], who whose address is 22360 CR 54, Greeley CO 80631 hereinafter referred to as "Contractor'. WHEREAS, Weld County Public Works is in need of annual erosion control and revegetation services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2400044". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibit A. 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 Exhibit A within the time limits eons- kj12,60, 61Yt, �� 4A 4/2y /kb o/a 2024-0843 prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of 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. 2. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule, if any, for the upcoming Contract term. The increased costs shall be based upon the Denver -Boulder -Greeley Consumer Price Index and the market price for straw. 3. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. 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 materials 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, 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, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." 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. 4. Extension or Modification. 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. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $400.000.00 which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material/service/equipment 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. 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 aster 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) 5. independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee beneits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 6. Subcontra;tors. 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 Project without County's prior written consent, which may be withheld in ;ounty's sole discretion. County shall have the right in its reasonable discretion to approve all personnel unsigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services 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. Ccunty 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. 7. 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, piano, drawings, records and computer files generated by Contractor in relation to this Agreemerr and all reports, test results and all other tangible materials obtained and/or produced in connectior 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 .)f such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Confidentality. Confidential financial information of Contractor should be transmitted separately from the mein bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee :he 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 proprietary nature of this confidential information and of the restrictions imposed by this agreement. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed n a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all constructiot services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed 3n this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractors' workmansl-ip or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. 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 construction 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. 11. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"Vlll or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not relieved of any lability 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. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character 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. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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 its 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 his Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. 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) Statutory Coverage B (Employers Liability) $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, Colorado, its elected officials, and its employees" named as an additional 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" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution 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. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including pubic liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name "Weld County, Colorado, its elected officials, and its employees" as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 12. 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. 13. 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. 14. 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. 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 propel decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance 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. Notification Information: Contractor: Verdant Environmental, LLC Attn.: Harry Alles, Owner Address: 22360 CR 54 Address: Greeley, CO 80631 E-mail: harry@verdantenviro.com County: Name: Lyndsay Holbrook Position: Water Quality Permit Coordinator Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: lholbrook@weldgov.com Phone : 970-400-3788 15. 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. 16. Non -Exclusive Agreement. This Agreement is non-exclusive, and County may engage or use other Contactors or persons to perform services of the same or similar nature, 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. 17. 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. 18. 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 19. 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. 20. Governmental Immunity. No term or condition of this contract 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 §§24-10-101 et seq., as applicable now or hereafter amended. 21. 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. 22. 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. 23. 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. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 24. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount 25. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 26. 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. 27. 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. 28. 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. {The remainder of this page left blank intentionally) INyTNESS WHEREOF, the parties hereto have signed this Agreement this /D day of , 2024. CONTRACTOR: Company Name By: Name: Harty ifi1 e.`j Title: ()Gt/np,/ Date 3/Z6l2a7j1 WELD COUNTY: G� ATTEST: ddrAvt) ;ti Weld County Clerk to the Board B . . GU. Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'S O D. Ross, Chair APR 1 0 2024 ,Z oa4 ,084-5 Exhibit A BID REQUEST NO. B2400044 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR PROJECT: EROSION CONTROL AND REVEGETATION CONTRACT FOR 2024 (WITH OPTIONS FOR 2025 AND 2026) JANUARY 26, 2024 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 BID NO #B2400044 Page Ii TABLE OF CONTENTS The following checked forms and provisions take precedence over plan drawings and supplement the 2023 edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (Standard Specifications) which is to be used to administer the construction of this project. BIDDING REQUIREMENTS: *All Bidders must submit these forms with their Bid. Notice to Bidders 1-4 Invitation for Bids 4 Instructions to Bidders 4-14 Bid Proposal 15-16 *Bid Schedule 17-18 *Acknowledgment of Bid Documents 20 *Bid Bond 21-22 *IRS Form W-9 23 *Statement of Qualifications and Subcontractors 24-27 WELD COUNTY CONTRACT FORMS: *Low Bidder(s) must submit these forms prior to Contract Award. *Notice of Award 28-29 *Agreement 30-41 *Performance Bond 42-43 *Labor and Materials Payment Bond 44-45 Notice to Proceed 46 Change Order 47 ATTACHMENTS: Appendix A — Weld County Project Special Provisions Appendix B — Seed Mixes BID NO#B2400044 Page Iii REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 BID POSTING DATE: January 29, 2024 BID NUMBER: B2400044 DESCRIPTION: 2024 Erosion Control and Revegetation Services Mandatory Pre -Bid Meeting Deadline for Questions Final Addendums Posted Bids Due at Purchasing BOCC Presentation Notice of Award February 5, 2024 at 10 a.m. February 20, 2024 at 7:00 a.m. February 21, 2024 at 5 p.m. February 23, 2024 at 10 a.m. February 28, 2024 March 13, 2024 (anticipated) 1. NOTICE TO BIDDERS: 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 2024. 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 wi I 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 mutt ple 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. BID NO #B2400044 Page 11 This agreement may be used at the option of other Weld County Departments. A mandatory pre -bid conference will be held on Monday, February 5th at 10:00 a.m. at the Public Works building located at 1111 H Street, Greeley, CO 80632. Interested parties may submit questions in writing until Tuesday, February 20th at 7:00 a.m. Questions shall be emailed to Lyndsay Holbrook at Iholbrookweldgov.com and bids(a�weldgov.com. Questions and answers will be posted to https://www.bidnetdirect.com via an addendum on or before Wednesday, February 21St at 5:00 p.m. Bids will be received until: February 23, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 23, 2024 at 10:30 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. 17`1 Avenue, Greeley, CO 80631. AM. Phone number: 720-439-5261 Phone Conference ID: 979584122 Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids�weld.gov; however, 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. B. All bids are required to be in a PDF format and shall include the following statement in the email. "I hereby waive my right to a sealed proposal". An email confirmation will be sent when your proposal is received through the bids@,weldgov.com email address. Please call Weld County Purchasing at 970-400-4222 or 4223 with any questions. C. The signed Receipt of Addenda shall be included with the proposal. The Receipt of Addenda will not be counted in the page limit for the proposal. Scope of Services 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 54 and WCR 13 WCR 76 and WCR 35 WCR 22 and US 85 SH 14 and WCR 77 CR 106 and WCR 77 WCR 34 and WCR 13 BID NO #B2400044 age 12 ➢ WCR 54 and WCR 17 ➢ WCR 9'/ and WCR 24 1/2 ➢ WCR 66 and WCR 41 ➢ 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 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 srte-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'% and WCR 9'/2 ➢ WCR 80 and WCR 115 ➢ WCR 120 and WCR 23 > WCR 120 and WCR 133 ➢ WCR 136'/2 and WCR 71 ➢ N 17th Ave and N 11th Ave (Greeley) ➢ WCR 96 and WCR 37 Final Stabilization Methods Erosion control services after final grade is achieved ,at gravel pits will include, but are not limited to • Implementing srte-specific soil conditioning such as biotic earth, topsoil, and compost BID N0 #B2400044 Page 13 • 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. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. Information concerning this request can be found on the BidNet Direct website at 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 Delivery to Weld County Emailed bids are required. Bids shall be emailed to: bids@weldgov.com. 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 we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25M in size. Please call Purchasing at 970-400-4222 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. 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 the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. 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. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; 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. BID NO #B2400044 Page 14 Late or unsigned bids shall not be accepted or considered It is the responsibility of the bidder to ensure that the bid arnves'in the Weld County Purchasing Department on or prior to the time indicated in Section 1 , entitled, "Notice to Bidders " Bids received prior to the time of opening will be kept unopened in a secure place No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified 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 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 Qualification of Bidders Qualification statements; attached withthis document, 'are required to be completed by Bidders If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the 'request Failure to submit qualifications may be cause for rejection of Bids The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids Familiarization with the Work Before submitting his Bid, each prospective Bidder shall familiarize' himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, 'ordinances, rules,' regulations and other factors affecting performance of the Work He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the, Work The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of,this paragraph ' Interpretation of Contract Documents to Prospective Bidders Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation ,thereof Interpretations will be made only by Addenda, duly issued, and copies' of each Addendum will be mailed or delivered to each Contract Document holder of record Unless approved by the Controller/Purchasing Director, no interpretation Addenda -will be issued within the last seven (7) days, before the date set for opening of Bids The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda Preparation of the Bid '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 Bids by partnerships must be executed in the partnership name and signed 'by a partner His title must appear under his signature and the official address of the partnership must be shown below- the signature Bids by corporations must' be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary` or an assistant -secretary The corporate address and state of incorporation shall be shown below the signature Names of all persons signing must be printed below their signatures A power' of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder - Modification or'Withdrawal of Bid Bids may be modified `or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed 'and delivered to the place where Bids are to be BID NO #B2400044 Page 15 submitted at any time prior to the final time set for receiving Bids Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened The Controller/Purchasing Director may at her sole discretion, release any Bid at any time 4. AWARD AND EXECUTION OF CONTRACT Basis of Award Only firm Bids will be considered The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids Weld County'intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests The County reserves the right to waive informalities and/or irregularities and to reject any or all bids Evaluation of Bids The evaluation of Bids will include consideration_ of Subcontractors and suppliers All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be'required in the performance of the Work All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms Contract Execution The successful Bidder shall be required to execute the Contract,and to furnish the Performance Bond, Labor &'Materials Payment Bond and Certificate of Insurance, within ten (10) calendar days of receipt of the Notice of Award The Certificate of Insurance shall name Weld County, Colorado, its elected officials, and its employees as additional insured parties. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed In submitting the bid, the bidder agrees that the signed bid submitted, all the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services, addendums, items posted to BidNet Direct, etc ), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB _ 5 PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful' Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of,100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under The Bonds shall be executed on the, forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County The Bidder shall deliver the Bonds to the Owner not later than the date of execution, of the Contract 6 INDIRECT COSTS Governmental Fees The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, _ which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price BID NO #B2400044 Page 16 Royalties The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work'shall be included in the Bid price Utilities Unless otherwise specified, the Bidder shell include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him, in 'performing the Work Cash Allowances The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents 7 SITE CONDITIONS Familiarization with the Site The prospective Bidder shall by careful examination, satisfy himself of the following Nature and location of the site where the Work is to be performed Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered Character of construction equipment and facilities needed for performance of the Work General local conditions Availability of lands as set forth in the General Conditions Access to the Site The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work The Bidder shall carefully review the locations of the site where the work is to be performed The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract -with a subcontractor that fads, to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Successful bidder obtains actual knowledge that a, subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Successful bidder shall not terminate_the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Successful bidder shall comply with reasonable requests made in the course of an investigation,- undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Department of Labor and Employment If Successful bidder participates in the State of Colorado program, Successful bidder shall, 'within twenty days after hiring a BID NO'#B2400044 Page 17 new employee' to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of 'Colorado program If Successful bidder fails to comply with any requirement of this provision_ or of C R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if ` so terminated, Successful bidder shall be liable for actual and consequential damages Except where exempted by`federal law and except as provided in C R S § 24-76 5-103(3), if Successful bidder receives' federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C R S § 24-76 5- 101, et seq , and (c) shall produce one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the contract 9. GENERAL PROVISIONS A. Fund Availability Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year B Confidential Information Confidential information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL " However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C R S 24-72-201, et seq , the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately Weld County staff„will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified C Governmental Immunity , No term or condition of the contract 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 §§24-10-101 et seq , as applicable now or hereafter amended D Independent Contractor The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee He or she shall be solely responsible for its acts, and those of its agents and employees for all acts performed pursuant to the contract Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee - of Weld County The successful bidder -and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available bythe successful bidder or a BID NO #B2400044 Page (B third party The successful bidder, shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract The successful bidder shall have the following responsibilities with -regard to workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County E Compliance wah Law The successful bidder 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 F Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in' the interpretation, execution, and enforcement of the contract Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G , No Third -Party -Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only H Attorney's Fees/Legal Costs In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on -behalf of the successful bidder I Disadvantaged Business Enterprises Weld County assures that disadvantaged business enterprises will be afforded full opportunity to_submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J Procurement and Performance The successful bidder agrees to procure the materials, , equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to' perform and complete the project The successful bidder 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 The successful bidder shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements `outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K_ Term The term of this Agreement begins upon the date of the execution of this Agreement by County and shall continue through and until successful bidder's, completion of the responsibilities described in the Bid BID NO #B2400044 Page 19 L. Terminatior : County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension cr Modification: Any amendments or modifications to this agreement shall be in writing signed by bcth parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorizatior 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 un_ ust enrichment, shall be the basis of any increase in the compensation payable hereunder. I i 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, the successful bidder'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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement i -1 reliance upon the particular reputation and expertise of the successful bidder. The successful b dder shall not enter into any subcontractor agreements for the completion of this Project withc ut 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed b the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the sLccessful bidder, by this Agreement, assumes toward County. County shall have the right (but no- the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful b dder shall be responsible for the acts and omissions of its agents, employees and subcontracts rs. 0. Warranty: Contractor warrants that construction services 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 construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable s iecifications. In addition to the foregoing warranties, Contractor is aware that all work performed o this Project pursuant to this Agreement is subject to a one-year 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. P. Non-Assigrment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the Dption of County, automatically terminate this Agreement and all rights of the successful bidder hereL nder. Such consent may be granted or denied at the sole and absolute discretion of County. BID NO #B2400C 44 Pdgt 110 Q 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 R 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 S 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 County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with thislprovision mayresult, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of'the successful bidder's family shall serve on a County Board, committee or hold any such position which 'either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder T 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 U Compliancewith Davis -Bacon Wage Rates The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates ✓ 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 W Compensation Amount Upon the successful bidder's successful completion of the construction, of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount 'of the accepted bid The successful bidder acknowledges no payment in excess'of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County,Code County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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 " 10 INSURANCE REQUIREMENTS General Requirements Successful bidders/Contract Professionals must secure, at or before,the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders/Contract Professionals 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 The required insurance shall be BID NO #B2400044 Page 111 underwritten by 3n insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-describec policies by canceled or should any coverage be reduced before the expiration date thereof, the issJing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days pr or. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible ix the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance :overages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no vhay warrants that the minimum limits contained herein are sufficient to protect the Successful bidd ;r from liabilities that might arise out of the performance of the work under this Contract by the Success-ul bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverac es. The successful bidder 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 successful bidder/Contract Professional 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 _his Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services renderE d by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and em iloyees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, clairr or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful Jidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to :omply with the provisions of the Agreement, or on account of or in consequence of neglect of The E uccessful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder 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 successful bidder agrees to waive all rights of subrogation against the County its assc:iated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID NO #82400044 Page 112 Types of Insurance The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above "Weld County, Colorado, its elected officials, and its employees" named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows $1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, $1,000,000 Personal Advertising injury $50,000 any one fire, and $5,000 Medical payments one person Automobile Liability Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract For all general liability, excess/umbrella liability, liquor liability, pollution 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 Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal BID NO #B2400044 Page 113 Proof of Insurance County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds For general liability, excess/umbrella liability; pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County, Colorado, its elected officials, and its employees as an additional insured parties Waiver of Subrogation. For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County Subcontractors All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by Allis Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract , Professional Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, ,sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Successful bidder/Contract, Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers' or other entities upon request by the County The ,terms of this Agreement are contained in the terms recited in this Request for Bid' and in the Response to the Bid each of which forms ,an integral part of this Agreement Those documents are specifically, incorporated herein Joy this reference ' BID NO #B2400044 Page 0.4 BID PROPOSAL To Weld County Purchasing Department - P O Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention Rob Turf, Director of General Services Bid Proposal for EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 (WITH POSSIBLE EXTENSIONS FOR 2025 AND 2026) Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and local taxes normally payable with respect to such Work The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable State of Colorado and Weld County tax shall not be included Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-1.14, CRS, and is free from Colorado State Sales Tax EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work,. so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performanceof the Work PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated; unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108 EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award ' METHOD OF AWARD The Owner reserves the right to reject\ any Bid from any Bidder whom the Owner deems is unfit or - unqualified to complete the Work as specified regardless of the amount of the Bid BID NO #B2400044 Page 115' It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price All bids will be reviewed by the Owner and Engineer All mathematics will be checked and the correct total used for determining the low bidder BID NO #B2400044 Page j16 2024 BID SCHEDULE ITEAII; NO x x -- ;,� ° ' '' s r; ', "' ITEM DESCRIPTION - - w � .E `` ( UNIT k ' ,' EST w', 'QTY, '~UNIT ,--:,TOTAL., PRICE , 'PRICE 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 40 202 SILT FENCE MAINTENANCE/REMOVAL LF 10,000 202 AGGREGATE BAG MAINTENANCE/REMOVAL LF 1,000 202 CONSTRUCTION FENCE MAINTENANCE/REMOVAL LF 2,000 202 EROSION BALE MAINTENANCE/REMOVAL EACH 200 202 EROSION LOG (TYPE 1) MAINTENANCE/REMOVAL LF 10,000 202 EROSION LOG (RUBBER -FILLED) MAINTENANCE/REMOVAL (RETURN TO PUBLIC WORKS STORAGE YARD) EACH 500 207 TOPSOIL CY 100 208 SILT FENCE LF 5,000 208 AGGREGATE BAG (9 INCH) LF 500 208 CONSTRUCTION FENCE (ORANGE PLASTIC W/ T -POSTS) LF 1,000 208 EROSION BALE (WEED FREE) EACH 100 208 EROSION LOG (TYPE 1) (12 INCH) LF 5,000 208 EROSION LOG (RUBBER -FILLED) (10 FT) EACH 250 208 SEDIMENT REMOVAL AND DISPOSAL (MANUAL METHODS) HR 50 208 SEDIMENT REMOVAL AND DISPOSAL (SMALL EQUIPEMENT) HR 20 212 DRILL SEEDING (NATIVE MIX FOR GRAVEL PITS) (NORTH OF HWY 34) ACRE 40 212 DRILL SEEDING (NATIVE MIX FOR GRAVEL PITS) (SOUTH OF HWY 34) ACRE 5 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) ACRE 30 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (SOUTH OF WCR 74) ACRE 30 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (WCR 77) ACRE 20 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (EAST DAVIS) ACRE 5 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (AULT) ACRE 5 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) ACRE 5 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (SOUTH OF WCR 74) ACRE 5 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (WCR 77) ACRE 3 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (EAST DAVIS) ACRE 1 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (AULT) ACRE 1 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) SY 100 BID NO #B2400544 Page X17 ITEM NO ITEM DESCRIPTION UNIT EST QTY UNIT PRICE TOTAL PRICE 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 NL RSE 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 TONS/ACRE) ACRE 135 213 TACKIFIER WOOD MULCH FIBER (200 TACKIFIER (300 LBS/ACRE) LBS/ACRE) + ACRE 135 213 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 SOL RETENTION BLANKET (STRAW/COCONUT) SY 5,000 216 C�ASS 3 TRM (PYRAMAT-75 EQUIVALENT) OR APPROVED SY 1,000 626 MC BILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 20 626 MC BILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 20 626 MC BILIZATION NORTH OF HWY 34 (ITEMS 207) EACH 1 626 MC BILIZATION SOUTH OF HWY 34 (ITEMS 207) EACH 1 626 MC BILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 10 MC BILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 10 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 626 MC BILIZATION NORTH OF HWY 34 (ITEMS 214) EACH 1 MC BILIZATION SOUTH OF HWY 34 (ITEMS 214) EACH 1 626 MC BILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 5 626 MC BILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 5 626 TRAFFIC (NO FLAGGERS) CONTROL (MUTCD - SIGNS ONLY TA -6) DAY 5 630 TRAFFIC (WITH FLAGGERS) CONTROL - (MUTCD LANE CLOSURE TA -10) DAY 0 630 *The solely above for quaitities selecting are the lowest provided responsible may as information vary. bidder, only actual and quantities are used TOTAL COST BID NO #B2400D)44 Page 118 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. Date: By: Addendum No. Date: By: Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2400044. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. 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. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #B2400044 Page 119 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist All the following pages must be submitted with every bid submittal Failure to submit any of these documents will disqualify your bid C 2024 Bid Schedule All columns on the bid tab are to be completed For bid items with quantities of zero, Weld County still wants a unit price for the bid item Those bid items will subsequently carry over to the total Colum as $0 The purpose of the bid items with zero quantities is to allow Weld County the flexibility to potentially use the erosion control contractor to perform those specified tasks during possible contract renewals ❑ Bid Bond ❑ IRS Form W-9 ❑ Statement of Qualifications and Subcontractors ❑ Receipt of addenda(s), if any, should be signed I have initialed each of the above items and have fully executed the corresponding documents I hereby Acknowledge and understand the above required bid documents (Contractor) Dated this day of , 2024 By Title BID NO #B2400044 Page 120 BID BOND EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 KNOW ALL MEN BY THESE PRESENTS, that as Principal, and as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated , 2024 for the EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 2024 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. ATTEST: Principal Address By: ATTEST: Surety Address By: BID NO #B2400044 I' a g e 121 INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph. If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute the bond as individuals. The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer. Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety. A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form. BID NO #B2400044 Page 122 Form W9 (Rev. August 2013) Departmentofthe'T rry Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. N x6 a � C :1 0C. !G UM Name (as shown en your incur° tax retun) Business name/disregarded entity name, if di different from above Check appropriate box for federal tax classification: ❑ Individuausole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions) le Trust/estate leExemption Exemptions Exempt payee code (if any) (see instructions): code (if any) from FATCA reporting Address (rrumber,street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line ; Social security number to avoid backup withhdding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is b more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject tobackup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCAcode(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signatrre of U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Farm W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information retun with the IRS must obtain your correct taxpayer iden4Uselcon number (TIN) tc report, for example, income paid to you, payments made to you' in settlement of payment card and ttard parry network Vansactions, real estate Vansactions, mortgage interest you paid, acgrisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 orfy ff you' area U.S. person (including a resident alien), to provide your conect TIN tothe person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you' are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you area U.S. exempt payee. If applicable, ycu are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business s not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. ff you area U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar tathis Form W9. Definition of a US. person Far federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withhdding tax under section 1446 on arty foreign partners share of effectively connected taxable income from such business. Further, in certain cases where Form W-9 has not been received the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Farm W-9 to fie partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: All questions herein must be answered by all 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 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): 2. Permanent main office address: Phone Number: Fax Number: 3. Year Company was organized: 4. Number al years this Company has been engaged similar construction: Under wlEt firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 5. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: 6. 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. 7. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO #B2400044 Page 124 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. 9. List all contracts within the last 3 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. 10. Has any owner, as party to any of the Company's contracts within the last 3 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. 11. Describe all contracts that the Company failed to complete. 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. 13. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 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. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: BID NO #B2400044 Page I25 Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount 14. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do 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, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK. SUBCONKRACTOR WORK DESCRIPTION % OF WORK 15. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. NAME TITLE YRS. EXPERIENCE 16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. BID NO #B2400®44 Page 126 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 by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2024. Bidder: Company By: Signature Name: (Please Type) Title: NOTARY County of ss. State of being duly sworn, deposes and says that he is of, (Title) and that the answers to the foregoing questions (Company Name) and all statements therein contained are true and correct. Subscribed and sworn before me this day of, 2024. (SEAL) Commission Expires Notary Public BID NO #B2400044 Page (27 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 To: Project Description: The project in general consists of: placing, maintaining and removing erosion control devices; seeding and mulching road construction projects and gravel pits throughout the calendar year as directed at various sites within the county; and the 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. The services that will be requested may include any or all of the following: placement, maintenance and removal of erosion control devices: erosion logs, erosion bales, soil retention blankets, turf reinforcement mats, silt fences, and other items; and revegetation: 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 in the amount of $ or as shown in the Bid Schedule. 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 day of , 2024 Weld County, Colorado, Owner By: Lyndsay Holbrook, WQ Permit Coordinator BID NO #B2400044 Page 128 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2024 By Title BID NO #B2400044 Page 129 EXAMPLE WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & 2G24 EROSION CONTROL AND REVEGETATION SERVICES CONTRACT THIS AGREEMENT is made and entered into this day of , 2024, by and between the Ccunty of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and , [an individual], [a limited liability partnership] [a limited liability company] [a corporation], who whose address is , hereinafter referred to as "Contractor". WHEREAS, Weld County Public Works is in need of annual erosion control and revegetation services throughout the County, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the erosion control and/or revegetation of the identified project sites, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B; 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. Introductio 1. The terms of this Agreement are contained in the terms recited in this document and in Exhibits M and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically ncorporated herein by this reference. County and Contractor acknowledge and agree that this Ag eement, including specifically Exhibits A and B, define the performance obligations of Contractor E nd Contractor's willingness and ability to meet those requirements. Exhibit A ccnsists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2400044". The RFP co-itains all of the specific requirements of County. Exhibit B ccnsists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform aid complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other desig rated supervisory personnel, (the "Manager"), to perform the services described on attached Ex-iibit A. Contractor shall faithfully perform the work in accordance with the standards of professions 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 BID NO#B2400)44 Page 130 shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement In its sole discretion, the County, by the Director of the Department of Public Works or his/her designee may extend the time for the Contractor to complete the service of 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 2 Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibit A 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 Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify_Contractor if it wishes to renew this Contract If the County opts to renew the Contract, the Contractor will have an opportunity to provide a revised fee schedule; if any, for the upcoming Contract term The increased costs shall be based upon the Denver -Boulder -Greeley Consumer Price Index and the market price for straw _ 3 Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County 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 materials 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, 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, materials and documents shall be the property of County Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE " Upon termination of this Agreement by County, Contractor shall have mclaim 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 - - 4 Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall bathe 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 acknowledgmentiby the County for such additional services is not timely BID NO #B2400044 Page 131 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. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $ , which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 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 material/service/equipment 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. 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) 5. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance BID NO #B2400044 Page 1 32 matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 6. 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 Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services 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. 7. 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. 8. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 proprietary nature of this confidential information and of the restrictions imposed by this agreement. 9. Warranty. Contractor warrants that construction services 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 construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction 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 one year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. 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 BID NO #B2400044 Page 133 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 nct 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 oil 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 construction completed under this Agreement dilall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described pclicies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days pror. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible :or the payment of any deductible or self -insured retention. County reserves the right to require Contactor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible o- self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, cr other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arsing out of the work done in fulfillment of the terms of this Contract or on account of any act, claim oramount arising or recovered under workers' compensation law or arising out of the failure of the Contactor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor stall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply wih the provisions of the Agreement, or on account of or in consequence of neglect of The BID NO #B2400044 I' age 134 Contractor in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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 its 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. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. 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 $500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and liability assumed under an insured contract. The policy shall be endorsed to include 1) the Additional Insured Endorsements CG 2010 (or equivalent), 2) CG 2037 Additional Insured for products/completed operations, and 3) the Designated Construction Projects General Aggregate Endorsement CG 2503. The policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, Colorado, its elected officials, and its employees" named as an additional 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" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: BID NO #B2400044 I' age 135 Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution 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. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution ofthis Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name "Weld County, Colorado, its elected officials, and its employees" as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 12. 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 dlenied at the sole and absolute discretion of County. BID NO #B2400144 Page 136 13. 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. 14. 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. 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. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his/her designee. All notices or other communications (including annual maintenance 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. Notification Information: Contractor: Attn= President, Address: Address: E-mail: Facsimile: County: Name: Lyndsay Holbrook Position: Water Quality Permit Coordinator Address: P.O. Box 758 Address: 1111 H St, Greeley, CO 80632 E-mail: Holbrook@weldgov.com Phone : 970-400-3788 15. Compliance wkh 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. 16. 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. BID NO #B2400044 Page 137 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 bath parties. 17. 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 ofthis Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 18. Employee Rnancial 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 19. 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. 20. Governmental Immunity. No term or condition of this contract 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 §§24-10-101 et seq., as applicable now or hereafter amended. 21. 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. 22. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has teen approved by the Board of County Commissioners of Weld County, Colorado or its designee. 23. 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 BID NO #B2400044 Page 138 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. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24- 76.5-103 prior to the effective date of the contract. 24. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. BID NO #B2400044 [' a g a 139 25. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required by the provisions of Exhibit A, the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit A, County's Request for Bid, and is a part this Agreement.) 26. 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 egal costs incurred by or on its own behalf. 27. 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. 28. 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 communicatons between the parties relating to the subject matter of this Agreement. {The remainder of this page left blank intentionally) BID NO #B2400044 Pa g e 140 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of 7O24. CONTRACTOR: Company Name By: Name: Title: Date WELD COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Kevin D. Ross, Chair BID NO #B2400044 P age 141 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars, ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2024 described in the Invitation for Bids, Bid No. B2400044 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2400044 1' age 142 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of 2024. Contractor By (Contractor) Secretary (SEAL) Witness as to Contractor (Address) (Address) (Address) (Address) ATTEST: By (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2400044 Page 143 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2024 KNOW ALL MEW BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado, P.O. Box 758, 1111 H Street, Greeley, Colorado 80632, hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the day of , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erodon Control and Revegetation Services for 2024 described in the Invitation for Bids, Bid No. B2400044. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO#B2400044 Page 144 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2024. Contractor By (Contractor) Secretary (SEAL) Witness as to Contractor (Address) (Address) (Address) (Address) ATTEST: By (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2400044 145 NOTICE TO PROCEED PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 To: Date: PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 as described in the Invitation for Bids, Bid No. B2400044. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is therefore December 31, 2024. Weld County, Colorado, Owner By Lyndsay Holbrook, WQ Permit Coordinator ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2024. By Title BID NO #B2400044 Page 146 CHANGE ORDER NO. (EXAMPLE) Date: Project: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 as described in the Bid No. B2400044 Owner: Weld County, Colorado Contractor: The following change is hereby made to the Contract Documents: CHANGE TO CONTRACT PRICE: Original Contract Price: Current Contract Price adjusted by previous Change Order: The Contract Price due to this Change Order will be increased by: The new Contract Price, including this Change Order, will be: CHANGE TO CONTRACT TIME: The Contract Time will be increased by calendar days. The date for completion of all Work will be RECOMMENDED: Owner Representative: Date: Engineer: Date: APPROVALS: Contractor: Date: Owner: Date: BID NO #B2400044 Y age' 47 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 of Section 101 — Definition of Terms 5-7 Revision of Section 102 — Bidding Requirements and Conditions 8-9 Revision of Section 104 — Scope of Work 10-14 Revision of Section 105 — Control of Work 15-32 Revision of Section 107 — Legal Relations and Public Responsibility 33-35 Revision of Section 108 — Prosecution and Progress 36-39 Revision of Section 109 — Measurement and Payment 40-43 Revision of Section 202 — Removal and Maintenance of Erosion Logs, Erosion Bales, Silt Fence, and Construction Fence 44 Revision of Section 207 — Topsoil 45-51 Revision of Section 208 — Erosion Control 52-92 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding 93-111 Revision of Section 213 — Mulching 112 Revision of Section 216 — Soil Retention Covering 113-116 Revision of Section 626 — Mobilization 117 Revision of Section 630 — Construction Zone Traffic Control 118 Traffic Control Plan — General 119 Utilities Coordination 120 NOTICE TO BIDDERS The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent (5%) 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 Hobrook 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. January 8, 2024 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 "Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2023 Standard Specifications for Road and Bridge Construction" dated 2023, Weld County Project Special Provisions, CDOT Standard Special Provisions, and 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. 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. Certain termsutilized 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: Subsection 'D1.02 shall include the following: "Chief Engineer" shall mean the Weld County Department of Public Works individual who is identified as the County Engineer. "Department" shall mean the Weld County Public Works Department. "Engineer" shell mean the Weld County Public Works Director or designated representative. "Holidays" recognized by Weld County are: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas January 1, 2024 January 15, 2024 February 19, 2024 May 27, 2024 July 4-5, 2024 September 2, 2024 November 11, 2024 November 28-29, 2024 December 24-25, 2024 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. "Laboratory" shall mean the testing laboratory of Weld County or any other testing laboratory designated by the Engineer. "Method Statement" shall mean 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. "Plans" shall mean the drawings or reproductions, provided by Weld County which show the location, character, dimensions, and details of the work to be done. "Pre -construction Conference" shall mean 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. January 8, 2024 2 REVISION OF SECTION 101 DEFINITION OF TERMS "Project Engineer" shall mean Weld County'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". "Proposal Form" shall mean the documents furnished by Weld County on which the offer of a bidder is submitted. Also called a "bid proposal". "Region Transportation Director" shall mean the Weld County Public Works Director or designated representative responsible for construction, maintenance, and safety activities within Weld County. 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 shall mean the Engineer directly responsible for the overall administration of assigned construction projects. The Resident Engineer is the County's full-time engineer in responsible charge of the 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" shall mean 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. "Specifications" shall mean a general term applied to all directions, provisions and requirements pertaining to performance of the work. (a) Standard Specifications: Weld County's printed book (including errata) titled "Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2022 Standard Specifications for Road and Bridge Construction". "State" shall mean Weld County acting through its authorized representative. "Subgrade" shall mean he 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. "Subcontractor" shall mean 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. "Substantial completion" shall mean 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. "Supplier" shall mean 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. January 8, 2024 3 REVISION OF SECTION 101 DEFINITION OF TERMS (b) The manufacturing of the materials, articles, supplies, or equipment used for the contract that is being supplied shall come from a facility or facilities that: (1) Is not located on, nor does itself constitute, the project or contract's primary construction site or secondary construction site as defined in 29 CFR 5.2; and (c) (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. 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. "Warranty" shall mean that the project shall be held free from construction defects by the Contractor for the period of time defined in the Contract. Any repairs deemed to be caused by poor workmanship or inadequate materials during the warranty period shall be completed at the Contractor's cost. END OF SECTION October 1, 2023 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.01 shall be deleted and replaced with the following: 102.01 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. Subsection 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 the following method: Bid Delivery to Weld Countt: Emailed bids are required. Bids may be emailed to: bidsiWweldgov.com. 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 we receive your bid/proposal. Bids shall be in PDF format and should be less than 25MB in size. If bids are larger than 25 MB, please contact the Engineer. Please call Purchasing at 970-336-7225 if there are any questions. The plans, specifications, and other documents designated in the proposal form, shall be considered a part of the proposal. Subsection 10244 shall be deleted and replaced with the following: 102.04 Interpretation of Plans and Specifications. Any changes to proposal forms, plans, or specifications prbr to the opening of proposals will be issued by Weld County through posting of the changes on www.bidnetdirect.com. Certain individuals are named in the project specifications who have authority to provide information, clarification, or interpretation to bidders prior to opening of proposals. Information obtained from persons other than those named individuals is invalid and shall not be used for bidding purposes_ Subsection 102115 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 i ferences 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. October 1, 2023 2 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS 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, 2023 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 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 no 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 no 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, 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. 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 professions 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 October 1, 2023 2 REVISION OF SECTION 104 SCOPE OF WORK 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 revised as follows: (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: Portions of the roadway that are not included in the contract work will be maintained by Weld County. Snow removal outside of the project limits will be the responsibility of Weld County unless otherwise specified in the Contract. Snow removal within the project limits will be the responsibility of the Contractor and shall not be measured and paid for separately but shall be included in the work. Snow removal within the project limits 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. Subsection 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. Unless otherwise provided, the material from structures designated for removal shall become the Contractor's property. Subsection 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. Subsection 104.07, paragraph 3, last sentence shall be deleted and replaced with the following: October 1, 2023 3 REVISION OF SECTION 104 SCOPE OF WORK 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. Subsection 104.07 paragraph 5, starting with "Net cost savings..." shall be deleted and replaced as follows: 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 prior to the start of construction activities relating to the VECP. Subsection 104.07(c) shall be deleted and replaced as follows: (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. 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 Weld County's design criteria for the project. 2. VECPs, whether or not approved by Weld County, apply only to the ongoing Contracts referenced in the Proposal and become the property of Weld County. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. Weld County has the right to use, duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. Weld County 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. October 1, 2023 4 REVISION OF SECTION 104 SCOPE OF WORK 11. A VECP changing the design of a structure may be considered by Weld County, if the design meets the following conditions: 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. C. 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. L 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. N. 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. 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, Weld County may, at its sole option, accept or reject the proposal. October 1, 2023 5 REVISION OF SECTION 104 SCOPE OF WORK 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. Subsection 104.07(d)(2) shall be deleted and replaced as follows: 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. Subsection 104.07(e) shall be deleted and replaced as follows: (e) Contractor Appeal Process. Appeals can be made only on VECPs (Category A). The Prime Contractor submitting the VECP may file a one-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, 2023 REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 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 employees shall have the skill and 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. 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. 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. 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. If the Contractor or the Subcontractor 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. 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. Subsection 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. Provisions regarding plans, shop drawings, working drawings and construction documents are set forth in the Contract Documents. Subsection 105.02(b), Paragraph 1 shall include the following: For the purposes of review, working drawings shall be considered the same as shop drawings and shall be reviewed in the same manner. Subsection 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. Subsection 105.02(f), paragraph 2 shall be revised to include the following: As -Constructed drawings shall be completed per Section 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 October 1, 2023 2 REVISION OF SECTION 105 CONTROL OF WORK 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. Subsection 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 105-1 a 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. IVethod Statements required by Section 108.03(j) 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 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 -la WELD COUNTY SUBMITTALS Section No. Description 103.01 Form 605 and 621 within 5 days of bid opening 104.07 Value Engineering Proposals (if applicable) 105.02 Construction Meeting and Phasing updated Plan monthly) (submit a minimum of 5 days prior to Pre -Construction 105.02(b) & (c) Shop Drawings 105.02(b) & (d) Working Drawings 105.07(b) Method of Handling Traffic for Smoothness Acceptance Testing 105.07(e) Method Statement for Corrective Actions (i.e., grinding) 105.18 Overweight Permits 106.01 Form $10,000 1425 Suppliers or more of supplies List from Contractor or materials iq and the Sub project -contractors providing more than 106.02(b) Agreements between landowners and contractor Material source of sand and gravel with testing results Hazardous waste and substances certification for imported materials 106.04 Process Control tester certifications for lab and each tester 106.05(a) HMA Process Control Plan 106.05(a)(8) HMA PC notebook 106.05(b) HMA Dispute Testing 106.05 ( d ) HMA for quality a mix design level revision for stability less than 65 - Contractor to submit written proposal 106.06(a) Portland Cement Concrete Paving Process Control Plan Concrete Quality Control Plan 106.06(a)(7) PCCP PC notebook 106.11 Buy America Certification 106.12 Submittal for certificates of compliance 106.13 Submittal for certified test results October 1, 2023 3 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No. Description 107.02 Any permits and/or agreements 107.06 Site specific safety plan 107.06(a)(4) Safety "Toolbox" Meeting Schedule 107.06(e) PPE Statement 107.26Jb)(5) Spill Response Plan 107.26(b)(5) List of Potential Pollutant Sources 107.26(b)(6) Construction Dewatering Permit From CDPHE (if required) 107.26(b)(7) Dewatering Plan if required) 107.26(b)(7) Agreement to discharge water to a ditch (if required) 107.26(b)(8) 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 205 for Contractor and each sub -contractor on the project (if applicable) 108.03(b) Baseline Schedule and Monthly updates 108.03(g) _ Weekly update for 2 week look ahead 108.03(j) Method Statements 108.04(b) Form 1418 - Monthly Payment Summary 109.01 Scale tickets Weigher Certifications Truck identification sheet for each truck making deliveries to the project Scale Certifications 201 Method statement for clearing and grubbing 202 Method statement for removal of structures and obstructions 202.02 Tree Trimming Contractor Name & Qualifications (including references) -, Bridge Removal Plan (if applicable) 202.09 Planing Plan Method statement for removal of asphalt mat Process Control Plan for planing operations 203 Method statement for embankment 203 Method statement for handling frozen subgrade and materials 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 206.09 207 207.02(a) 207.04 208 208.02(a) & 213.02 208.03(c) 208.05 Shoring designs Method statement for salva_ Ting of jopsoil and redistribution of topsoil Soil Lab Topsoil Test Results Submittal for imported topsoil SWMP notebook Weed Free Certification Proof of Erosion Control Supervisor TWITIIIMIF Submittal for straw bales Submittal for silt fence Submittal for silt berms LSubmittal for erosion control logs Submittal for aggregate bags Submittal for mobile concrete washouts Submittal for mobile tracking pads October 1, 2023 4 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No. Description 208.05 Submittal for stormwater inlet protection Submittal for turbidity curtain Submittal for silt dikes Submittal for temporary construction fence Submittal for vehicle tracking pad aggregate 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 Dewatering Plan (if required) 212 Method statement for seeding, fertilizing, & soil conditioning 212.02 Submittal for seed mix/seed certification Submittal for fertilizer Submittal for soil conditioner Submittal for composting material 213 Method statement statement for mulching - can be combined with seeding method 213.02 Submittal for weed free straw/hay mulch Submittal for hydraulic mulch Submittal for mulch tackifier 214 & 215 Method statement for planting and transplanting Plan for Landscape Maintenance 214.02 & 215.02 Submittal for vegetation to be planted or transplanted Submittal for humus Submittal for fertilizer 216 Method statement for soil retention blanket and TRM installation 216.02 Submittal for TRM Submittal for soil retention blankets Submittal for staples including a sample of the staple Submittal for other miscellaneous items `.250.03(c) Hazardous Materials Health and Safety Plan 250.04'b' Method materials Statement for capturing, testing, and disposing of hazardous 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 Method statement for preventing asphalt paver segregation 401.16 HMA joint plan HMA pavement marking plan 401.17 HMA to obtain QL less density than 75 - plan for methods and procedures that will be changed 403.02 Submittal for additives to HMA Submittal for hydrated lime (if applicable) Submittal for mineral fillers (if applicable) October 1, 2023 5 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No. Description 403.02 Submittal for HMA Segregation Quality Control Plan 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 Submittal for PCCP admixtures and additives Submittal for PCCP .oint and crack sealants Submittal for PCCP curing materials Submittal for dowel bars/dowel baskets Submittal for tie bars Submittal for reinforcing steel (if applicable) 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 412.16 Method statement for repair methods 412.22 Maturity curve for concrete per CP 69 420 Method statement for installing geosynthetics 420.02 Submittal for geotextiles/geogrids Submittal for geotextile staples (if applicable) Submittal for MSE wall materials 501 Method statement for driving sheet pile 501.02 Submittal for sheet piling Submittal for sheet piling tips 502 Method statement for driving steel pile 502.01 Submittal for steel pile Submittal for reinforcing pile tips Submittal for mechanical splice plates Submittal for certified welders Submittal for certified welding inspector Submittal for pile driving equipment (crane and hammer) 502.05 WEAP Analysis 502.09 CAPWAP analysis for pile driving 504 Method statement for constructing walls 504.02 Submittal for MSE wall design Submittal for geomembrane Submittal for wire baskets 506 Method statement for placing riprap Submittal for each size of riprap 507.02 Submittal for grout mix design Submittal for concrete mix design Submittal for curing compounds Submittal for expansion board materials (if applicable) October 1, 2023 6 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No Description 508 , . _ Method Statement for constructing timber structures 509 Method statement for constructing steel structures 509 618 27„ 601 14 11: , & '' Erection plan submittal` Written documentation of daily inspections of erected girders 510 Structural Plate Material 512 02 Submittal for bearing devices - Submittal for elastomeric bearing pads , , 512 17 Submittal of shop drawings, design calculations, & load data for bearing devices 514 , t " Method Statement for+Pedestrian and Bikeway railing installation' - 515 Method statement for application of waterproofing membrane 515 02 Submittal for waterproofing membrane Submittal for protective covering 601 Method statement for placing structural concrete 601 a,rF 03 ' -- „ t Submittal for structural concrete design , Submittal for admixtures Submittal for curing compounds - -Submittal for fly ash - i = -' _ - 'Submittal for joint materials - ,Submittal for'reinforcing steel Submittal for, bearing materials : z _ -`f ,. Submittal for epoxy fillers Submittal for pointing and patch materials" ` Submittal for fiber reinforcing_matenals (if applicable) . Submittal -for Truck Mixing Certification - S 601 05 Submittal for concrete mix design Submittal for Certified Test Results - Cement, fly ash, etc ,_601 07(c)(3), " Form 46 - Concrete Truck Mixer Inspection Certification 601 09 Submittal for precast deck panel working drawings 601 11(a) _ _ Submittal forfalsework working drawings 601 12 Winter protection plan (if applicable) Process Control Plan for placing concrete 601 13 `s - _ ' Maturity curve for concrete per CP 69`.,-' 601 14(b) Submittal for structural concrete coating 601 15 Process Control Plan for placing, consolidating, finishing, curing, and protecting bridge deck concrete _ 602 02 Submittal for reinforcing steel Submittal for steel chairs ,602 03 , Submittal;of a bat, list -' _ r , , , 603 Method statement for placing culverts and sewers 603 02 ,t Submittal for culverts (all pipe types) :,. Submittal for pipe joint material - - - -1 Submittal for pipe gaskets- Submittal for conduit, - 604 Method statement for placing manholes, inlets, and other precast materials 604 02 Submittal forall,manholes, inlets, and'other precast materials Submittal for grates and -manhole covers - -- 605 Method statement for laying underground pipes October 1, 2023 7 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No. Description 605.02 Submittal for pipe material Submittal for jointing material Submittal for gaskets 606 I Method statement for installing guardrail/bridge rail 606.02 Submittal for guardrail material (beams, posts, hardware, etc.) 607 Submittal for bridge rail material (beams, posts, hardware, etc.) Method statement for installing fencing 607.02 Submittal for fence posts Submittal for wire Submittal for construction fencing 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 Submittal for cattle guard decking material 612.02 Submittal for each type of delineator Submittal for reflectors 613.02 Submittal for lighting fixtures Submittal for conduit Submittal for poles Submittal for pullboxes Submittal for grounding systems (ground rods, etc.) 614.02 Submittal for sign materials Submittal for reflective material Submittal for signposts Submittal for signpost bases Submittal for traffic signal equipment 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 Regrouting voids plan (if applicable) Erection plan submittal 624 Method statement for constructing drainage pipelines 624.02 Submittals for pipes Submittal for gaskets 626.01 Public Information Manager & Plan Stakeholder list Specific Stakeholders needing ongoing communications 627 Method statement for pavement markings 627.02 Submittal for glass beads Submittal for waterborne paint (if applicable) Submittal for epoxy paint (if applicable) Submittal for thermoplastic markers 630.02 Submittal for temporary traffic control signs 630.03 Submittal for message boards October 1, 2023 8 REVISION OF SECTION 105 CONTROL OF WORK TABLE 105 -la (Continued) WELD COUNTY SUBMITTALS Section No. Description 630.04 Submittal for temporary traffic signals 630.05 Submittal for traffic cones 630.08 Submittal for concrete barrier 630.09 NCHRP 350 Certification for Work Zone Devices 630.10 Submittal for MHTs Submittal for Transportation Operations Plan Submittal for Transportation Management Plan/Traffic Control Plan 630.11 Superintendent & TCS Traffic Control Certifications Flagger Certifications 630.16 Submittal for temporary rumble strips 708.00 Paint Certification Miscellaneous Methods of repair Monthly Pay Application Submittals 106.05(a)(8) HMA PC notebook with daily updates 106.06(a)(7) PCCP PC notebook with daily updates 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 non -workdays Schedule report Update report, early includes start report, job float progress report, critical narrative path report, report, & Civil Rights Affirmative Actior Form 1391 - Federal Aid Highway Construction Contractors Annual EEO Report Supervisor EEO Orientation Written Programs Notification for any construction to Director of the Office of Federal Contract Compliance DBE Requirements DBE Participation Form 1432 - Commercially Useful Function Questionnaire Prompt Payment Form 1420 - DBE Participation Plan Modification Request On the Job Training Form 1337 - Contractor Commitment to Meet OJT Requirements Form 838 - OJT Trainee/Apprentice Report Form 1336 OJT Modification Request Form 832 - Trainee Status & Evaluation Report FHWA 1273 Project EEO Meeting NOTES: 1. start 2. the Engineer. of The construction. The items items in highlighted the table in above light are blue above not all are inclusive. required There to may be submitted be additional and approved submittals prior required to the by Subsection 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. October 1, 2023 9 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.03, paragraph 7 shall be deleted and replaced with the following: Materials will be sampled and tested by the Contractor 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 necessary to represent short production runs, significant Material changes, or other unusual 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. Subsection 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: (1) require complete removal and replacement with specification material at no additional cost to the Department; (2) require corrective action to bring the material into conformity at no additional cost to the Department; 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 the following table: 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: (1) 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 the placement of pipes and culverts October 1, 2023 10 REVISION OF SECTION 105 CONTROL OF WORK (2) Maximum lift thickness of eight inches per subsection 203.06 or as directed. (3) Compaction equipment capable of obtaining the specified compaction. (4) Water trucks with an adequate distribution system that will apply water evenly. (5) List of all inspection and materials testing forms and procedures utilized by the Contractor. (6) Adherence to Tables 106-1a, 106-1b, and 106-1c 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 Contractors 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. Subsection 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 wil be consulted before determining the material will be allowed to remain in place. The Engineer wit also be consulted to assist in determining an appropriate pay factor. October 1, 2023 11 REVISION OF SECTION 105 CONTROL OF WORK 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 V Factor W Factor 2.36 mm (No. 8) mesh arid larger sieves 2.80 N/A 600 mm (No. 30) mesh sieve 1.80 N/A 75 mm (No. 200) mess sieve 0.80 N/A 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 Subsection 105.05(g) shall be deleted and replaced with the following: (g) 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. Subsection 105.06, prior to subsection 105.06(a) shall be revised to include the following: A minimum of 10 days prior to the start of concrete paving, the Contractor shall perform a pre -production batch test consisting of a minimum of 10 cubic yards of the approved mix design. The pre -production batch test shall be performed using the actual batch plant and the materials to be used during the concrete paving operation. A set of flexural strength beams and splitting tensile strength cylinders shall be taken and tested at 7 days to determine the 7 -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. 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 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. 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 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. Liquated damages will be assessed if the project is not completed on time. October 1, 2023 12 REVISION OF SECTION 105 CONTROL OF WORK 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. Subsection 105.06(a), paragraph 1 shall be deleted and replaced with the following: (a) Incentive/Disincentive payments will not be made to the Contractor for Portland Cement Concrete Paving. The Pay Factors (PF) and Quality Levels(QL) will be made based on test results for the elements of compressive strength and pavement thickness (compressive strength criteria) or the elements of flexural strength and pavement thickness (flexural strength criteria). The Department will indicate in the plans whether compressive strength or flexural strength criteria will be used. If the acceptance criteria are not indicated, flexural strength criteria shall be used. Subsection 105.06(b) shall delete the reference to Tables 105-4 or 105-5 and replace with Tables 105-10 or 105-11. Subsection 105.06(d) shall be deleted and replaced with the following: (d) As acceptance test results become available, they will be used to calculate accumulated QL for each element and for the item. The Contractor's test results, and the accumulated calculations shall be made available to the Engineer. 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 carded to significant figures and rounded according to AASHTO Standard Recommended Practice R-11, Rounding Method. Incentive/Disincentive payments will not 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. Subsection 105.06(f) shall be deleted and replaced with the following: (f) When compressive strength is indicated, the Contractor may take cores at his own expense and per Colorado Procedure 65 to provide an alternative determination of strength to replace acceptance test results with a compressive strength less than 4,500 psi. The higher value of the 28 -day compressive strength of acceptance cylinders or the corresponding core's compressive strength will be used for I/DP. When flexural strength is indicated in the Contract, the Contractor shall, in the presence of the Engineer, develop a correlation curve during the laboratory mix design process and during the first week of concrete placement per AASHTO T198 (ASTM C496) Splitting Tensile Strength of Cylindrical Concrete Specimens. Specimens shall be evaluated per CP65-19 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. The Lower Tolerance Limit (TO) for flexural strength shall be 600 psi. At any time during production, the Engineer may request a verification of the correlation curve developed during the patch 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 October 1, 2023 13 REVISION OF SECTION 105 CONTROL OF WORK 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. Delete Table 105-10, "V" Factors and Incentive Payments — Compressive Strength Criteria and replace with the following: Table 105-10 "V" FACTORS AND INCENTIVE PAYMENTS COMPRESSIVE STRENGTH CRITERIA Element Compress' Strength V Factor 400 psi Maximum Incentive Payment 3.00% Lower Tolerance Limit, TL 4500 psi Plan Value 4500 psi Delete Table 105-11, "V" Factors and Incentive Payments — Flexural Strength Criteria and replace with the following: Table 105-11 "V" FACTORS AND INCENTIVE PAYMENTS FLEXURAL STRENGTH CRITERIA Element Flexural Strength V factor 50 psi Maximum Incentive Payment 3.00 % Lower Tolerance Limit, TL si Plan Value 650 psi:. Subsection 105.07(b)(1), paragraph 11 shall be deleted and replaced with the following: 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. Subsection 105.07(b)(1), paragraph 12 shall be deleted and replaced with the following: 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. Subsection 105.07(b)(2), paragraph 5 shall be deleted and replaced with the following: The Contractor 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. Subsection 105.07(d), paragraph 1 shall be deleted and replaced with the following: (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. October 1, 2023 14 REVISION OF SECTION 105 CONTROL OF WORK 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. Subsection 105.07(e), Paragraph 1 shall be deleted and replaced with the following: (e) Corrective Work. The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work per 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. Subsection 105.07(e)(3), paragraph 5 shall be deleted and replaced with the following: For HMA pavements, the final ground pavement surface shall be covered with a Tack Coat conforming to Section 407 (CSS-1h at 0.1 gallons per 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 and after final SA testing is complete. The tack coat shall not be measured and paid for separately but shall be included in the Work. Subsection 105.07(f), paragraph 2 shall be deleted and replaced with the following: The Contractor shall notify the Engineer by email at least 5 working days in advance of his intention to perform final SA testing. Weld County 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. Subsection 105.09 shall be deleted and replaced with the following: 105.09 Coordination of Plans, Specifications, Supplemental Specifications, and Special 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) (b) (c) Contract Documents including Exhibits, Addenda, and Appendices Special Provisions 1. Weld County Special Provisions 2. Weld County Department of Public Works Conformed Standard Special Revisions to CDOT's 2022 Standard Specifications for Road and Bridge Construction 3. CDOT Project Special Provisions 4. CDOT Standard Special Provisions 5. CDOT Field Materials Manual (Latest Edition) CDOT Standard Specifications October 1, 2023 15 REVISION OF SECTION 105 CONTROL OF WORK (d) Plans 1. Detailed Plans 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 specifc 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. The fact that 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, shall not relieve the Contractor 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. 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 ii 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 October 1, 2023 16 REVISION OF SECTION 105 CONTROL OF WORK and to execute orders or directions of the Engineer without delay. The Project Manager and Superintendent 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 a payment deduction 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 Project 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 SUPERINTENDENT 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 will result in the assessment of liquidated damages as outlined in the Liquidated Damages Table in Subsection 108.09. Subsection 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(a((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 will be considered for payment per subsection 104.03 only with the written approval of the Engineer. Consideration additional contract time will be considered by the Engineer on a case -by -case basis. Subsection 105.12, paragraph 1 shall be deleted and replaced with the following: 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 Section 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. Subsection 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 before 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. October 1, 2023 17 REVISION OF SECTION 105 CONTROL OF WORK 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. Subsection 105.22 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Subsection 105.22, paragraph 1 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. 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. 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. Subsection 105.23 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Subsection 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). Subsection 105.24 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Subsection 105.24 shall be amended as follows: Delete all references to Region Transportation Director (RTD) and replace with Director. Subsection 105.24, paragraph 4 shall be deleted and replaced with the following: Non -binding arbitration or litigation proceedings must commence within 180 -calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. October 1, 2023 18 REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.24, paragraph 5 shall be deleted and replaced with the following: The venue for all unresolved disputes with an aggregate value $15,000 or less shall be the County Court for Weld County. Subsection 105.24(a) shall be deleted and replaced with the following: (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 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. Subsection 105.24(e) shall be deleted and replaced with the following: (a) De Novo Litigation or Merit Binding Arbitration. If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation or non -binding arbitration to finally resolve the claim that the Contractor submitted to Weld County. Such litigation or arbitration shall be strictly limited to those claims that were previously submitted and decided in the contractual dispute and claims processes outlined herein. This does not preclude the joining in one litigation or arbitration 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 the Department 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 Colorado State 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 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. END OF SECTION October 1, 2023 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 (DRMS) 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 DRMS. 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, Sanitation, and Performance of Safety Critical Work 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. Subsection 107.07, paragraph 2 shall be revised to include the following: The Engineer will submit bridge removal and girder erection plans to Engineer of Record for review. In subsection 107.16(a), delete references to "CDOT" and replace with "Weld County". In subsection 107.16(a((5), delete references to "CDOT" and replace with "Weld County, CO, its elected officials, and its employees". Subsection 107.16(b) shall be deleted and replaced with the following: The insurance certificates shall name "Weld County, Colorado, its officers, and employees" 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. October 1, 2023 2 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC In subsections 105.16(d through g), delete references to "CDOT" and replace with "Weld County". Subsection 107.17 shall be revised to include the following before the first paragraph: 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 cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.18 — Delete the fourth paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: 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. Subsection 107.20 shall be revised to include the following: 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: In Subsection 107.26, reference to "CDOT" shall be deleted and replaced with "Weld County". Subsection 107.26 shall be revised to include the following before the first sentence: The requirements as called out in this subsection will be strictly enforced. Subsection 107.26(c), paragraph one shall be deleted and replaced with the following: (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 permit upon award of the Contract. The Contractor shall provide a copy of permit certification as the Operator to the Engineer before or at the 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 permit 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. 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 may require sampling and testing, on a case -by case basis. If CDPHE requires sampling and testing, the CDPHE will send a notification to the permittee. Reporting procedures for any monitoring data collected will be included in the CDPHE's notification. If monitoring is required, the following applies: October 1, 2023 3 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 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. Subsection 107.25(c), paragraph 4 shall be deleted and replaced with the following: 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. Subsection 107.26(d)(2) shall be revised to include the following: If monetary fines or penalties are applied to the Department while 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. END OF SECTION October 1, 2023 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.01, paragraph 1 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. The Contractor shall request permission from the Engineer by submitting a completed hardcopy Sublet Permit Application, CDOT Form No. 205. 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. Subsection 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 Procced. Subsection 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. Subsection 108.03(d) shall be deleted and replaced with the following: (d) (unused) Subsection 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. Subsection 108.03 shall be revised to 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; (2) Who is responsibility for the feature work (Contractor, subcontractor, supplier, utility, etc.); October 1, 2023 2 REVISION OF SECTION 108 PROSECUTION AND PROGRESS (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. Subsection 108.08, paragraph 2 starting with "The Contractor shall not carry on construction..." shall be deleted and replaced with the following: The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor. 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 October 1, 2023 3 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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. Subsection 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. 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 approval has been granted. No weather days or less than full time charges days will be granted in this contract. Subsection 108.08(b) shall be deleted and replaced with the following: (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. As stated in subsection 108.08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior approval has been granted. 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 subsection 108.8(a((2( and liquidated damages will be assessed to the Contractor per day, per the table in subsection 108.09 until the completion of the project. 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. No weather days shall be given. Subsection 108.09 shall include the following after the first paragraph: Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all 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 below. Table 108-2 Liquidated Damages shall be deleted and replaced with the following: Table 108-2 LIQUIDATED DAMAGES Original Contract Amount ($) From More Than 0 To acid Including 500,000 Liquidated Damages per Calendar Day ($) 800 500,000 1,000,000 2,000,000 ,600 1,000,000 2,000,000 5,000,000 2,500 4,300 7,800 100,000 10,000,000 10,000,000 0,700 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000,000 Subsection 108.12 shall be added with the following: October 1, 2023 4 REVISION OF SECTION 108 PROSECUTION AND PROGRESS 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 Specifications. 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 Specifications. 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, 2023 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 revised to include the following after the 18th paragraph: 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 Sole Tickets; and (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: 25 - 48 hours 5% • S Greater than 72 hours 100% Subsection 10911 shall be revised to include the following after the last paragraph: 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; and (9) All water Subsection 109.06(a), Paragraph 1 shall be deleted and replaced with the following: October 1, 2023 2 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT (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. Subsection 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 (7) 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. In the event the Contractor fails to meet the prompt payment requirements on more than two occasions, Weld County will make separate payments to the subcontractors or suppliers. These separate payments will be deducted from any amounts owed to the Contractor. Progress payments will be suspended until the required progress payments due to the subcontractors or suppliers have been made and the Contractor, subcontractors, and suppliers have provided the reporting documentation required in subsection 109.06(h). Subcontractors and suppliers shall pay lower tier subcontractors and suppliers for all work that has been satisfactorily completed within seven (7) calendar days after receiving payment for work from the Contractor. If the subcontractors or suppliers fail to comply with this provision, the Engineer will not authorize further progress payment for work performed by the noncompliant subcontractor until the required payments are made. The Contractor shall ensure the subcontractors or suppliers are making the required payments to their lower tier subcontractors or suppliers. In the event the subcontractors or suppliers fail to meet the prompt payment requirements on more than two occasions, Weld County will make separate payments to the lower tier subcontractors or suppliers. These separate payments will be deducted from any amounts owed to the Contractor. Progress payments will be suspended until the required progress payments due to the subcontractors or suppliers have been made and the Contractor, subcontractors, and suppliers have provided the reporting documentation required in subsection 109.06(h). The flow chart in subsection 109.06(h) provides information regarding the process for prompt payment on both non-CDOT and CDOT funded projects. Prompt payments shall be reported by the Contractor, subcontractors, and suppliers in accordance with Subsection 109.06(h) below. 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) October 1, 2023 3 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT 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 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 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, 2023 4 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Prompt Payment Flowchart (To Be completed Nionthly By The contredor, Subcontractors, and Suppiiersj Contactor receives payment from Weld County ContraUor pays subcontractors and suppliers within 7 days of receipt of payment (All 20'5% ubcontractors shall have an approved Fonn 205 on file with Weld County. All suppliers shall have an approved Form 1425 on file with Weld ounty) Payments made by the Contractor shall be reported on the Form 1418 to Weld Countyor in B2GNow (;f applicable). Form 1418 or B2GNow entries shall be submitted to Weld County within 15 days of making payment to subcontractors or suppliers. Subcontractors and Suppliers shall make payments to lower tier subcontractors and suppliers within 7 days of receipt of payment from the Contractor. Payments made try the Subcontractors or Suppliers shall be reported on the Form 1418 to Weld Ccunty or in 82GNow (if applicable). Subcontractors and Suppliers shall confirm receipt of payment with Weld County and in B2GNow (if applicable) within 15 days of Yes Is a discrepancy identified between the Subcontractor/Supplir and the Contractor? If a discrepancy is identified, the Supp6erf Subcontractor shall report d to Weld County within 15 days. If not reported within 15 days, per Section 109.08(h) the Supplier/ Subcontractor waives assistance in resolving the prompt payment issue. ► Suboontractostsil plier shall attempt to resolve the issue with the Contractor. No i ContaU Weld County Engineer for assistance in resolving the discrepancy. Once all discrepancies have been resofired and the Contractor, Subcontractors, and Suppliers have provided the required rronthly reporting information including [he Form l 418s or updates to 62GNow (iF applkxblej, Veld County will reviewthe rrronthly reportYng and resume making monthly payments fp the i Contractor. (See subsection 1..0.) of the Specifications. Once the Contractor, Suppliers have provided the reporting information including or updates to 62GNow (if applicable), Wel County will review the monthly reporting an resume making monthly payments to fh Contractor. (see subsection 109.08(h) of th Specifications. This process repeats monthly until the project is completed and all parties have been paid for the N. work performed on the project. Subsection 109.06(j)(4)(A), the table shall be deleted and replaced with the following: Item No. 403* 403 Item Hot Mix Asphalt (Grading )(Asphalt) Stone Matrix Asphalt (Grading _)(Asphalt) Pay Unit Ton Ton Hot Mix Asphalt (Patching)is not subject to asphalt cement cost adjustment. Subsection 109.07 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 Subsection 109.07(2), delete references to "State owned property" and replace with "County owned property". In Subsection 109.07(2), delete references to "CDOT" and replace with "County". END OF SECTION January 25, 2023 REVISION OF SECTION 202 REMOVAL AND MAINTENANCE OF EROSION LOGS (TYPE 1 AND RUBBER -FILLED), EROSION BALES, SILT FENCE AND CONSTRUCTION FENCE Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 the first paragraph shall include the following: This work consists of the removal and maintenance of erosion logs (Type 1 and rubber -filled), erosion bales, silt fence and construction fence. Subsection 202.02 General shall include the following: Removal of erosion logs (Type 1 and rubber -filled), erosion bales, silt fence and construction fence shall be removed as directed in the Work Order. The Contractor shall properly remove the items from the site and dispose in a proper manner and the ground raked or groomed to match the surrounding ground surface. Maintenance of erosion logs, erosion bales, silt fence and construction fence shall be maintain as directed in the Work Order. The Contractor shall properly restake, reset, or remove damaged or deteriorated materials and replace with new. Removed items shall be removed for the site and disposed of in proper manner. 202.12 BASIS OF PAYMENT Subsection 202.12 shall include the following: Payment will be made under: Pay Item Removal and Maintenance of Erosion Log (Type 1) Removal and Maintenance of Erosion Bales Removal and Maintenance of Silt Fence Removal and Maintenance of Erosion Log (rubber -filled) Payment for placement with new items will be paid for under the work for those items. Pay Unit LF Each LF Each Payment for labor, materials (stakes, etc.) and equipment need to perform the above work will not be paid for separately but shall be included in the unit cost of the work. END OF SECTION October 1, 2023 REVISION OF SECTION 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, lmrd 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 wits 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 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 Section of 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. October 1, 2023 2 REVISION OF SECTION 207 TOPSOIL (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 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. Table 207-1 PHYSICAL PROPERTIES OF SEEDING MEDIA Property Range Test Soil pH (s.u.) 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10- 3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) < 5.0 ASA Mono. #9, Part 2, Method 10- 3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10- 3.4 Rock Content (%) ≤ 25 USDA NRCS Rock Fragment Modifier Usage Trace Contaminants (Arsenic, Cadmium, Copper, Mercury, Seleniurn, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR 503 Regulations TMECC 04.06 or EPA6020/ASA (American Society of Agronomy) Rock Content (%) greater than 3" diameter — 25 USDA NRCS Rock Fragment Modifier Usage USDA Soil Texture No more than 70% clay, silt, and sand by percentage volume of topsoil. ASA Monograph #9, Part 1, Method 15-4 Or ASA 1 43-5 All Particle Sizes < 6 Inches Physical contaminants (man-made inerts) (%) < 1 TMECC 03.08-C C:N ratio <20 TMECC 05.02-A * Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM 06913 (d) Topsoil (Offoite). 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. October 1, 2023 3 REVISION OF SECTION 207 TOPSOIL 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. Table 207-2 TOPSOIL (OFFSITE) PROPERTIES Property Range Test Methods Soil pH (s.u) 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10- 3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) ASA Mono. #9, Part 2, Method 10- (mmhos/cm or ds/m) < 2 0 3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10- 3.4 Soil OM (%) 3 — 5 Methods of Soil Analysis, Part 3, Method 34 Methods of Soil Analysis, Part 3. Soil N (NO3-n, ppm) ≥ 20.0 Chemical Methods. Ch. 38 Nitrogen — Inorganic Forms ASA Mono. #9, Part 2, Method 24 - Soil P (ppm) ≥ 13.0 5.4 or others as required based on soil pH Soil K (ppm) > 80 — ASA Mono. #9, Part 2, Method 13- 3.5 Rock Content (%) greater than 3" USDA NRCS Rock diameter — 25 Fragment Modifier Usage Bioassay (seedling emergence and TMECC 05.05-A or Approved relative vigor > 80% of control Germination Test Soil Texture No more than 70% clay, silt and sand by percentage volume of topsoil ASA Mono. #9, Part 1, Method 15 - 4 Physical contaminants (man-made inerts) (%) < 1 TMECC 03.08-C Trace Contaminants Meets US EPA, 40 CFR 503 TMECC 04.06 or EPA6020/ASA (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Regulations (American Society of Agronomy) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A The Contractor shall utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following requirements: (1) Steel rod with a minimum diameter of 'A inch with graduations (tick marks) every 6 inches. (2) The rod shall be made of stainless steel or other metal that will not bend when weight is applied. (3) The end of the rod shall have a 30 -degree cone tip. October 1, 2023 4 REVISION OF SECTION 207 TOPSOIL (4) The diameter of the cone at its tip shall be no more than 0.1 inch. (5) The top of the rod shall be a T -handled configuration. CONSTRUCTION REQUIREMENTS 207.03 Site Pre -vegetation Conference. 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-contractor(s) performing the subgrade soil preparation and soil amendments, and the Engineer. Only one meeting is required for the project unless a new sub -contractor is brought on that did not attend the previous meeting. The Agenda of the Pre -vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: (1) Final review of the Topsoil (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) Review of rod penetrometer which will be used to determine subgrade soil preparation of topsoil. (4) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de -compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (5) Seeding. See subsection 212.03 for submittal requirements. (6) Meeting attendee sign -in log 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization 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, 2023 5 REVISION OF SECTION 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 not 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. The Contractcr shall calibrate the subgrade soil preparation equipment using a minimum 30 linear feet of the initial pass. The Contractor shall utilize the rod penetrometer to verify that that de -compaction was successfully done. The Contractor shall take penetration measurements every 6 inches across a transect perpendicular to the direction of the tractor and spanning the width of the subgrade soil preparation. Depths of penetration shall confirm that a minimum of 12 inches can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). Existing subgrade shall be de -compacted to a depth of 14 inches. If multiple passes are needed, the subsequent passes shall be positioned so that the ripping equipment (subsoilers) from the previous pass are split by the subsequent pass. Following ripping, the Contractor shall remove all sticks, stones, debris, clods, and all other substances greater than 6 inches in diameter. The Contractor shall restrict motorized vehicle and foot traffic from passing over the ripped area since this would recompact the areas that received subgrade soil preparation. The first 4 feet from the edge of pavement shall be ripped to a depth of 6 inches. If the project is going to use aggregate base course or recycled asphalt as a shouldering technique, those areas will not require subgrade soil preparation. Depth of soil ripping for the subgrade soil preparation shall be checked with the rod penetrometer. The Contracts- shall verify adequate de -compaction of the entire area to have topsoil placed using a rod penetrometer in the presence of the Engineer. Tests shall be performed at a minimum of ten random locations per each acre as selected by the Engineer. The Test shall verify that a depth of 12 inches of penetration into the soil can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). If this depth cannot be achieved for 80 percent of the penetrations, the Contractor shall re -rip the area at no additional cost to the Department. 207.06 Placement of Topsoil and Seeding Media. Topsoil and Seeding Media shall be hauled and placed at the locations disturbed and will be re -vegetated or as shown on the plans. The Contractor shall place a minimum thickness of 6 inches 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 using 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 October 1, 2023 6 REVISION OF SECTION 207 TOPSOIL interim stabilization methods per subsection 208.04(e), at no additional cost to the Department. Time to perform the work may be extended for delays due to weather. METHOD OF MEASUREMENT 207.07. Topsoil material will be measured by the actual number of cubic yards of topsoil placed and accepted. 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. 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 Topsoil (Onsite) Seeding Media Topsoil (Offsite). Topsoil (Wetland) Subgrade Sot(.preparation Pay Unit Cubic Yard Cubic Yard Cubic Yard Cubic Yard 55oWe 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 (stockpile) and Topsoil (spread) 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 slopes. 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 Seeding Media and Topsoil (Offsite) will not be measured and paid for separately but shall be included in the work. Rod penetrometer and associated verification testing of random locations will not be measured and paid for separately but shall be included in the work. The Site Pre -vegetation Conference will not be paid for separately but shall be included in the work. Additional passes with the ripping equipment to achieve the desired de -compaction will not be measured and paid for separately but shall be included in the work. October 1, 2023 7 REVISION OF SECTION 207 TOPSOIL 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. END OF SECTION October 1, 2023 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 for which permanent or interim stabilization is not implemented, must flow to at least one control measure to minimize sediment in the discharge. This shall be accomplished through filtering, settling, or straining. The control measure shall be selected, designed, installed, and adequately sized in accordance with good engineering, hydrologic, and pollution control practices. The control measures shall contain or filter flows in order to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction 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 information 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: 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 '/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. October 1, 2023 2 REVISION OF SECTION 208 EROSION CONTROL 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 nixing stations located on, or within 'A 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). 8. Rnal 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. October 1, 2023 3 REVISION OF SECTION 208 EROSION CONTROL 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 a 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 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 implemented to meet the requirements of this permit. Also October 1, 2023 4 REVISION OF SECTION 208 EROSION CONTROL 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). 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: 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 Contractor shall provide a transit certificate number, or a copy of the transit certificate as supplied from the producer. Silt Fence COC Silt Berm APL Erosion Log (Type 1, Type 2, and Type 3) COC Silt Dikes COC October 1, 2023 5 REVISION OF SECTION 208 EROSION CONTROL Material Approval Process Notes Prefabricated Concrete Washout Structures (above ground) APL Prefabricated Vehicle Tracking Pad APL Aggregate Bag COC Storm Drain Inlet Protection (Type I, II, and III) APL 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. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts shall be 1.5 -inch width by 1.5 -inch thickness actual dimensions with 1/8 -inch tolerance. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Table 208-2 PHYSICAL REQUIREMENTS FOR SILT FENCE GEOTEXTILES Property Wire Fence Supported Requirements Self -Supported Requirements Geotextile Elongation <50. Test Method Grab Strength, lbs. 90 minimum 124 minimum ASTM D4632 Permittivity sec -1 0.05 0.05 ASTM D4491 Ultraviolet Stability. Minimum 70%° Strength Retained Minimum 70°t° Strength Retained 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. October 1, 2023 6 REVISION OF SECTION 208 EROSION CONTROL (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 Barn. 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 6 - 10 inches Height Weight Percent Open Area > 0.25 lbs./sq. ft. 20% - 50% (g) Rock Gheck 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 shall be one of the following types unless otherwise shown on the plans: 1. Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior wth 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 wfth 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. October 1, 2023 7 REVISION OF SECTION 208 EROSION CONTROL 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. 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 Diameter Type 1 and Type 3 (Inches) Diameter Type 2 (Inches) Length (feet) Weight (min) (pounds/foot) Stake Dimensions (Inches) Min. Max. 9 8 10 180 1.6 3/4 thickness x 3/4 width x 18 long 12 12 10 180 2.5 1.5 thickness x 1.25 width x 24 long 20 18 10 100 4.0 1.5 thickness x 1.25 width x 30 long Table 208-5 INDEX VALUES FOR NATURAL FIBER NETTING Property Fabric Tensile Strength Biodegradable Mesh Pattern Requirement >70 lbs. 100% Rib Test Method ASTM D3822 ASTM D5988 (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 Water Flow Rate Grab Breaking Load Ultraviolet Degradation Requirement 100 - 150 gallons per minute/square foot 200 lbs. minimum in each direction 70% of original unexposed grab breaking load after 500 hours Each silt dike segment shall have the following dimensions: Test Method ASTM D4491 ASTM D4632 ASTM D4595 October 1, 2023 8 REVISION OF SECTION 208 EROSION CONTROL Dimension Vertical height after installation Geotextile sleeve section to interlock segments Length >5 inches >8 inches Silt dike segments shall be anchored down using the minimum requirements shown in Table 208-7. Table 208-7 SILT DIKE SEGMENT REQUIREMENTS Surface Nail Washers Soil -Surface Installed in 4 inch deep trench with 6 inch nails no more than 4 feet O.C. (on center) 1 inch washers Hard Surface 1 inch concrete nails no more than 4 feet O.C. 1 inch washers and solvent -free adhesive (k) Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment required for the concrete washout structure may be excavated material 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. Table 208-8 IMPERMEABLE SYNTHETIC LINER REQUIREMENTS Tested Property Thickness Test Method ASTM D5199 ASTM D1004 Units mil Value >30 +/- 1.5 Tear Strength Low Temperature Impact ASTM D1790 lbs. °F >8 Pass at -20 (I) Prefabricated Concrete Washout Structure. Prefabricated Concrete Washout Structures shall be one of the foilowing types unless otherwise shown on the plans: (m) 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 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 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. 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. October 1, 2023 9 REVISION OF SECTION 208 EROSION CONTROL 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. 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 TRACK PAD Width 12 feet Length of pad Weight (min.) (lbs./sq. ft.) Crush strength (min.) (psi) 35 feet 8 400 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. Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: 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: October 1, 2023 10 REVISION OF SECTION 208 EROSION CONTROL 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% ASTM D4355 (o) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Table 208-13 AGGREGATE BAG DIMENSIONS FOR STORM DRAIN INLET PROTECTION Storm Drain Inlet Protection Properties Protection Types 'Type I 2Type II 3Type III Diameter 4 in. 4 in. N/A Minimum Section Length 7 ft. 5 ft. 5 ft. Apron Insert --- 30 in. or sized to grate 30 in. or sized to grate Type I protection shall be used with Inlet Type R. 2Type It protection shall be used with Combination Inlet. Option A or B ,Type III protection shall be used with Vane Grate Inlet only. Option A or B Note: Options A and B are shown on Standard Plan M-208-1. The Storm Drain Inlet Protection (Type I, II, and III) shall consist of a woven geotextile fabric with the following properties: Table 208-14 WOVEN GEOTEXTILE FABRIC FOR STORM DRAIN INLET PROTECTION Property Test Method Unit Requirement minimum 150x200 Grab tensile strength ASTM D4632 lbs. Mullen Burst Strength ASTM D3786 lbs. 400 Trapezoid Tear Strength ASTM D4533 lbs. minimum 60x60 Percent Open Area COE-22125-86 % ≥20 Water Flow Rate ASTM D4491 gal./min./sq. ft. ≥100 Ultraviolet Resistance ASTM D4355 % ≥70 Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for Coarse Aggregate No. 6. CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction, an on -site Environmental Preconstruction conference shall be held. The conference shall be attended by: (1) The Engineer. (2) The Superintendent. October 1, 2023 11 REVISION OF SECTION 208 EROSION CONTROL (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 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. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP Site Map. Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in subsection 208.03)b). October 1, 2023 12 REVISION OF SECTION 208 EROSION CONTROL When additional control measures are required and approved by the Engineer, the Contractor shall implement the additional control measures and the SWMP Administrator shall record and describe them on the SWMP Site Map. The approved control measures will be measured and paid for in accordance with 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. 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. 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 project limits. If during construction the Contractor proposes changes which would affect the Contract's control measures, the Contractor shall propose revised control measures to the Engineer for approval in writing. If necessary, the SWMP Administrator shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. (c) Erosion Control Management. Erosion Control Management (ECM) for this project shall consist of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working knowledge and experience in construction and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by 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 no ECI for the project, the SWMP Administrator shall be responsible for performing the ECI's duties as outlined below. The Contractor shall ensure that the ECM staff for the project have the resources to respond to any issues inmediately. 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: October 1, 2023 13 REVISION OF SECTION 208 EROSION CONTROL A. Complete the SWMP as described in subsection 208.03(d). B. Participate in the Environmental Pre -construction Conference. C. Attend weekly erosion and sediment control meetings. D. (Deleted) 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. (8) Location of waste accumulation 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 construction site boundary. (15) Locations where alternative temporary stabilization schedules apply. October 1, 2023 14 REVISION OF SECTION 208 EROSION CONTROL 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) (4) (5) Changes when control measures are no longer necessary and are removed. Corrective actions that are taken onsite and result in a change to the SWMP. 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. When adding or revising control measures in the SWMP, add a narrative explaining what, when, where, why, and how the control measure is being used, and add a detail to the SWMP. (1) How to install and inspect the control measure. (2) Where to install the control measure. (3) When to maintain the control measure. M. If using existing topography, vegetation, etc. as a control measure, label it as such on the SWMP 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. October 1, 2023 15 REVISION OF SECTION 208 EROSION CONTROL P. Update the potential pollutants list in the SWMP and Spill Response Plan throughout construction. 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. A. ECI duties shall be as follows: (1) Coordinate with the SWMP Administrator on reporting the results of inspections and how to install and inspect the control measure. (2) Review the construction site on all days during which work activities are occurring and all days following a storm event for compliance with the Stormwater Construction Permit. 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 promptly (immediately in most cases) performed by the Contractor. The ECI shall be capable of installing, maintaining, and repairing the various control measures on the project. (3) Inspect with the Superintendent and the Engineer (or their designated representatives) the stormwater management system at least every seven calendar days, commencing within seven days of the start of construction activities. Variations to the seven-day inspection frequency are allowed, but shall not exceed 14 days. Post -storm inspections are required for 7 -day and 14 -day inspection frequencies. 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 seven-day inspections and inspections following storm events. The Contractor shall notify the ECI when a storm event occurs. Inspections are not required at sites when construction activities are temporarily halted, when snow cover exists over the entire site for an extended period and melting conditions do not pose a risk of surface erosion. This exception shall be applicable only during the period where melting conditions do not exist and applies to the routine seven-day as well as post -storm event inspections. Document the following information on Form 1176 for use of this exclusion: dates when snow October 1, 2023 16 REVISION OF SECTION 208 EROSION CONTROL cover occurred, date when construction activities ceased, and date melting conditions began. 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. (4) 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: 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. 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. c. Inspections are not required at sites when construction activities are temporarily halted, when snow cover exists over the entire site for an extended period and melting conditions do not pose a risk of surface erosion. This inspection exception shall be applicable only during the period where melting conditions do not exist and applies to the routine seven-day as well as the post -storm event inspections. Document the following information on Form 1176 for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. B. The order of precedence for required inspections shall be as follows: (1) Monthly SWMP audits (2) Post -storm event inspections (3) Seven-day inspections October 1, 2023 17 REVISION OF SECTION 208 EROSION CONTROL When one of the listed inspections is performed, the inspections listed below it need not be performed on that day if the required Weld County and Contractor personnel participated in the inspection. A seven-day inspection is not required on the same day a Weld County monthly SWMP audit is conducted, as long as all of the inspection scope requirements for a seven-day and post -storm event inspection are met. A sheet shall be placed in the inspections area of the SWMP to refer to the date the inspection was performed. C. Seven-day inspections and post -storm inspections shall include inspection of the following areas, if applicable, for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to State waters: (1) Construction site perimeter (2) All disturbed areas within the construction limits (3) Designated haul routes (4) Material and waste storage areas exposed to precipitation (5) Locations where stormwater has the potential to discharge offsite (6) Locations where vehicles exit the site (7) Locations of installed control measures D. Inspections shall include the following: (1) Visually verify whether all implemented control measures are in effective operational condition and are working as designed in their specifications to minimize pollutant discharges. (2) Determine if there are new potential sources of pollutants. (3) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. (4) Identify all areas of non-compliance with the permit requirements and, if necessary, implement corrective action in accordance with the CDPS-SCP. (5) The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement has been made. E. The Contractor shall report the following circumstances orally to the Engineer, CDPHE, the Contractor's Superintendent, and the SWMP Administrator within 24 hours from the time the Contractor becomes aware of the circumstances, and shall mail to CDPHE a written report containing the information requested within five working days after becoming aware of the following circumstances: October 1, 2023 18 REVISION OF SECTION 208 EROSION CONTROL (1) Noncompliance which may endanger health or the environment, regardless of the cause of the incident. (2) Unanticipated bypass which exceeds any effluent limitations in accordance with the CDPS-SCP. (3) Upset conditions which causes an exceedance of any effluent limitation in accordance with the CDPS-SCP. (4) Daily maximum violations for any of the pollutants limited by the permit. This includes any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. (5) The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. F. Document spills, leaks, or overflows that result in the discharge of pollutants on the Form 1176. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. (d) Documentation Available on the Project. The following Contract documents and references will be made available for reference at the Weld County field office or at another on -site location approved by the Engineer during construction: 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. Prior to 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 Engineer. The SWMP Administrator shall modify and update the SWMP as needed to reflect actual site conditions prior to the change or as soon as practicable, but in no case more than 72 hours after 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, guading 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, is 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 October 1, 2023 19 REVISION OF SECTION 208 EROSION CONTROL 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. 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. (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 summary of any existing data used in the development of the construction site plans or SWMP that describe the soil types and erodibility found in the permitted area 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, if applicable. B. SWMP Site Maps and Project Plan Title Sheet. C. Specifications — Standard and project special provisions related to stormwater and erosion control. D. Standard Plans M-208-1, M-216-1 and M-615-1. E. Control Measure Details not in Standard Plan M-208-1 — Non-standard details. October 1, 2023 20 REVISION OF SECTION 208 EROSION CONTROL F. Weekly meeting sign -in sheet and weekly meeting notes. G. Calendar of Inspections — Calendar of inspections marking when all inspections take place. H. Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, 1388). I. All Water Quality Audit Reports and Form 105(s) relating to Water Quality. J. 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. 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. L. 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 Other Correspondence including agreements with other MS4s, approved deferral request, CDPHE audit documentation, Water Quality Permit Transfer to Maintenance Punch List, and other miscellaneous documentation such as documented use agreements for areas outside of the permitted area. N. TECS Certifications of the SWMP Administrator and all ECIs, kept current through the life of the Project. O: 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. Project Environmental Permits — All project environmental permits and associated applications and certifications, including: CDPS-SCP, Senate Bill 40, USAGE 404, temporary stream crossings, dewatering, biological opinions, and all other permits applicable to the project, including any separate CDPS-SCP obtained by the Contractor for staging area on private property, asphalt or concrete batch plant, etc. Q. 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 October 1, 2023 21 REVISION OF SECTION 208 EROSION CONTROL 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. Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent water quality structures and riprap. S. Per Part I.C.2.ix of the CDPS-SCP, the SWMP shall: (i) (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. 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. 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's use upon completion of the project. The Engineer shall approve SWMP completeness. Corrections to the SWMP shall be made at the Contractor's expense. 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. 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 6 of the SWMP: (1) Maintenance, regular, recalcitrant, chronic, and severe inspection findings. October 1, 2023 22 REVISION OF SECTION 208 EROSION CONTROL (2) Unresolved issues from previous inspections. (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. 208.04 Control Measures for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all control measures implemented at the site to control potential sediment discharges. Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking pad locations on the SWMP Site Map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system in accordance with the CDPS-SCP, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction including, but not limited to, excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be removed from the site or contained at a 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. (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, 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. 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 (c) October 1, 2023 23 REVISION OF SECTION 208 EROSION CONTROL permits, as they are considered a common plan of development if within a'/. mile of the construction site. The Contractor shall acquire these permits and submit copies to the Engineer prior to 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 inspections by Weld County or any other agency. A documented use agreement between the Contractor and the owner or operator of any control measures located outside of the permitted area that are utilized by the Contractor's construction site for compliance with the CDPS-SCP, but not under the direct control of the Contractor shall be placed in the project's SWMP. (d) Construction Implementation. The Contractor shall incorporate control measures into the project as outlined in the accepted schedule. (e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control measures until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or replace sections of earthwork at the Contractor's expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: 1. Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation or underlying soil of a site, such as clearing, grading, roadbed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive temporary stabilization. Other stabilization measures may be implemented, as approved. The maximum area of temporary stabilization (excluding areas of designated topsoil) shall not exceed 20 acres. 2. Interim Stabilization. Per Part l.B.2.a.iii of the CDPS-SCP, stabilization shall be implemented for earth disturbing activities on any portion of the site where ground disturbing construction has permanently ceased, or temporarily ceased for more than 14 days. Temporary stabilization methods may include, but are not limited to, tarps, soil tackifier, and hydroseed. The Contractor may exceed the 14 -day schedule when either the function of the specific area of the site requires it to remain disturbed or physical characteristics of the terrain and climate prevent stabilization. The SWMP shall document the constraints necessitating the alternative schedule, provide the alternate stabilization schedule, and identify all locations where the alternative schedule is applicable on the site map. Minimum inspection frequency and scope shall be followed for temporarily stabilized areas. As soon as it is known with reasonable certainty that work will be temporarily halted for 14 days or more, sediment and material stockpiles and disturbed areas shall be stabilized using one or more of the 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 in accordance with Section 213. C. Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. October 1, 2023 24 REVISION OF SECTION 208 EROSION CONTROL a Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride, and Sodium Chloride or other salt products shall not be used as a stabilization method. E. Topsoil stockpiles shall receive interim stabilization unless specified in accordance with 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 durng months when seeding is not permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of interim stabilization may be required as directed. 4. Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non -erodible methods as permanent pavement or concrete, riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used 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 in accordance with Section 207. 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 ninimum, 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., biodegradable 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. October 1, 2023 25 REVISION OF SECTION 208 EROSION CONTROL 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 as soon as possible, immediately in most cases. 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-216-1, and with the following: (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket installation shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. 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. October 1, 2023 26 REVISION OF SECTION 208 EROSION CONTROL 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. 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. 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 to avoid contact with construction activities. 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. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from gcing around or under the silt berm. Silt berms shall be installed on top of soil retention blanket or turf reinforcement blanket. 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 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 Cmtractor 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. October 1, 2023 27 REVISION OF SECTION 208 EROSION CONTROL 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). Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded so that the top of the stake does not extend past the top erosion log more than 2 inches, at the discretion of the Engineer, a shallower stake depth may be permitted if adverse site conditions are encountered, e.g., rock, or frozen ground. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. The Contractor shall remove all accumulated sediment and debris when the sediment accumulation reaches'A the height of the log. 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. 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 208-5 or use a prefabricated washout. Meet the following requirements: 1. The structure shall contain all washout water. 2. Stormwater shall not carry wastes from washout and disposal locations. 3. The site shall be located a minimum of 50 horizontal feet away from State waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. 4. The site shall be signed as "Concrete Washout". 5. The site shall be accessible to appropriate vehicles. 6. Freeboard capacity shall be included in the structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. 7. The Contractor shall prevent tracking of washout material out of the washout structure. 8. Do not add solvents, flocculants, and acid to wash water. 9. Surround the structure on three sides by a compacted berm. October 1, 2023 28 REVISION OF SECTION 208 EROSION CONTROL 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 concrete washout area. 11. Concrete waste, liquid and solid, shall not exceed % the storage capacity of the washout structure. Prefabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: 1. Structure shall contain all washout water. If bins are determined to be leaking, the Contractor shall replace the bin 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 site shall be accessible to appropriate vehicles. 4. Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. 5. Do not add solvents, flocculants, and acid to wash water. 6. Concrete waste, liquid and solid, shall not exceed % 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. Al 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. 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. October 1, 2023 29 REVISION OF SECTION 208 EROSION CONTROL (q) 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 installed 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 '/z 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. (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) 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. October 1, 2023 30 REVISION OF SECTION 208 EROSION CONTROL 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 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 or recycled concrete that is 'A 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 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 October 1, 2023 31 REVISION OF SECTION 208 EROSION CONTROL 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. 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. CDOT's Erosion Control and Stormwater Quality Guide contains spill notification contacts and phone numbers required in the Spill Response Plan. 8. A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. 208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of disturbance (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 October 1, 2023 32 REVISION OF SECTION 208 EROSION CONTROL limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the 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, Water Quality Control Division of CDPHE, and all other involved agencies. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. Per Part I.B.1.c. of the CDPS-SCP, the permittee shall assess the adequacy of control measures at the site and the need for changes to those control measures to ensure continued effective performance. 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. Findings not in compliance with Water Quality Specifications, as detailed in subsection 208.09(a))7), shall be documented by the SWMP Administrator or ECI on Form 1176 during weekly and post -storm water quality control inspections, routine SWMP audits, or observation by the Engineer. The Engineer will immediately notify the Contractor of these findings by issuing a Form 105. Failure by the Contractor to clarify a finding location with the Engineer shall not interrupt the timelines noted in subsection 208.09(b). Timelines noted in subsection 208.09(b) do not indemnify the Contractor from failing to comply with CDPS- SCP timelines for corrective actions. Findings shall be corrected as soon as possible, immediately in most cases but no longer than 24 hours, to minimize the discharge of pollutants. (a) Definitions. 1. Compliance Assistance. A low -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, the Contractor's SWMP Administrator/Erosion Control Inspector, or by Engineer observation, which is noncompliant with the Water Quality Specifications as specified in 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. 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. October 1, 2023 33 REVISION OF SECTION 208 EROSION CONTROL 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. Immediately. For the purposes of this section, immediately shall mean by the end of the construction day. (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. 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 as soon as possible, immediately in most cases 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). October 1, 2023 34 REVISION OF SECTION 208 EROSION CONTROL 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. G 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 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 once the corrective work has been completed. 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 not 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. October 1, 2023 35 REVISION OF SECTION 208 EROSION CONTROL 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 in accordance with 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. 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 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 October 1, 2023 36 REVISION OF SECTION 208 EROSION CONTROL acceptance and warranty period will not start until the Contractor has reimbursed the County far 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. 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. 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; G. Additional control measures to be implemented until each deferred Finding is corrected and accepted; 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 SWMP. The Engineer will discuss the deferment request and may meet with the Superintendent 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 October 1, 2023 37 REVISION OF SECTION 208 EROSION CONTROL control measures, lack of preventative maintenance, careless or improper operation, or other non - proactive reason. Preparation 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 Spills 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 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 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 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 provisions of Section 208. The audits will be performed monthly but may occur more frequently or reduced based upon the history October 1, 2023 38 REVISION OF SECTION 208 EROSION CONTROL 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) Survey_ When Permanent Water Quality (PWQ) control measures are required on the project and once built, the Contractor shall survey the control measures to confirm that the PWQ control measures conform to the configuration, grade, and volume shown on the plans. The survey shall conform to Section 625. The results of the survey shall be submitted in AutoCAD format or GIS with attribute tables, showing both designed and final elevations and configurations. The Contractor's Surveyor shall submit electronically sealed control measure drawings. PWQ control measures that do not meet the Contract requirements will be identified in writing by the Engineer and shall be repaired or replaced at the Contractor's expense. Correction surveys shall be performed at the Contractor's expense to confirm the locations, dimensions, and volume certification (for water quality capture volume structures only) of each PWQ control measure. The Engineer 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 they MS4 Program of the jurisdiction. (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 Cortractor. 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 Erosion Control Inspection, including erosion control inspections, documentation, meeting participation, SWMP Administration, and preparation of the SWMP. If the combined hours of SWMP Administration and Erosion Control Inspection is four hours or less in a day, the work will be measured as 'A day. If the combined hours of SWMP Administration and Erosion Control 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 Erosion Control 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. October 1, 2023 39 REVISION OF SECTION 208 EROSION CONTROL 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. 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: Pay Item Aggregate Be Concrete Washout Structure Pay Unit Linear foot Each ®sto e Erosion Control Management Li Ty i) Erosion Log (Type 2) (_Inch) Erosion Log .fry p'e Prefabricated Concrete Washout Structure (Type 1) Prefabricated`tr ncre Prefabricated Vehicle Tracking Pad Each Day ear foot Linear foot inear foot Each Each October 1, 2023 40 REVISION OF SECTION 208 EROSION CONTROL Pay Item Removal. and Disposal of Sediment (Equipment) Removal and Disposal of Sediment (Labor) Removal of Trash (Interim) Rock Check Dam Sediment Basin Sediment Trap Silt Berm Silt Dike Silt Fence(Initial) Silt Fence (Interim) Silt Fence (Reinforced) Storm Drain Inlet Protection (Type) Storm Drain Inlet Protection (Type) Storm Drain Inlet Protection. (Type) Storm Drain Inlet Protection (Type) Sweeping (Sediment Removal) Temporary Berm Temporary Diversion Temporary Slope Drain Temporary. Slope Drain Temporary Stream Crossing Vehicle Tracking Pad Pay Unit Ur Hour Hour Each Each Each, Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot Linear Foot; Linear Foot Each Each Hour Linear Foot Linear Foot Linear Foot Linear Foot; Lump Sum 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 items (5) to (18) in subsection 208.03)d)1 and required updates to the SWMP. The SWMP Administrator and ECI's commute times will not be measured and paid for separately but shall be included in the work. Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. Surface roughening and vertical tracking (temporary stabilization) will not be measured and paid for separately bid 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. October 1, 2023 41 REVISION OF SECTION 208 EROSION CONTROL Silt berm spikes and wood spikes will not be measured and paid for separately but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216. Compost and wood stakes for Erosion Log (Type 2) will not be measured and paid for separately but shall be included in the work. Spray -on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured and paid for in accordance with Section 213. Payment for storm drain inlet protection will be full compensation for all work, materials, and equipment required to complete the item, including surface preparation, maintenance throughout the project, and removal upon completion of the work. Aggregate will not be measured and paid for separately but shall be included in the work. Sweeping, when used as a control measure as shown in the Contract, will be measured by the number of hours that a pickup broom or equipment capable of collecting sediment, authorized by the Engineer, is used to remove sediment from the roadway or other paved surfaces. Each week the Contractor shall submit to the Engineer a statement detailing the type of sweeping equipment used and the number of hours it was used to pick up sediment. The operator will not be measured and paid for separately but shall be included in the work. Stakes, anchors, connections, geotextile, riprap, and tie downs used for temporary slope drains will not be measured and paid for separately but shall be included in the work. Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately but shall be included in the work. If additional aggregate for maintenance of vehicle tracking pads is required, it will not be measured and paid for separately but shall be included in the work. 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. Wood stakes for erosion control logs will not be measured and paid for separately but shall be included in the work. 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, 2023 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Section 212 cif 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 seecing 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. See Appendix B for seed mixes applicable to this project. 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 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: (1) Name and address of the supplier (2) Botanical and common name for each species (3) Lot numbers (4) Percent by weight of inert ingredients October 1, 2023 2 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (5) Guaranteed percentage of purity and germination (6) 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 8 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 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: (1) 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. October 1, 2023 3 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (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 lbs/ac Phosphorous as P2Os, and 40 lbs/ac of Potassium as K2O shall be used. High N organic fertilizer chemical analysis shall conform to Table 212-1. Table 212-1 Chemical Analysis for High_N Fertilizer Ingredient Range Test Method Nitrogen N),(%) 6 -10 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 1 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) ((Y.) 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 tN) (%) 2.8. 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 (X) (%) ` 1 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Table 212-3 Organic Fertilizer Properties Criteria Moisture content by weight Range <6% (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 USCC Test Methods for Examining of Composting and Compost (TMECC) manual. October 1, 2023 4 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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 acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the USCC. 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 Percent Passing Minimum Maximum Test Method 25.0 mm (1") 100 TMECC 02.02-B, "Sample Sieving for Aggregate Size Classification" 19.0 mm (3/4") 90 100 6.25 mm (1/4") 70 100 Note: Compost shall be from a producer that participates in the USCC STA program. October 1, 2023 5 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 pH pH units 6.0 - 8.5 TMECC 04.11-A Soluble Salts (Electrical Conductivity) dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Moisture Content %, wet weight basis 25% - 50% TMECC 03.09-A Organic Matter Content %, dry weight basis 20% - 50% TMECC 05.07-A pounds per cubic yard >240 Carbon to Nitrogen Ratio (C:N) < 15:1 Man-made Inert Contamination (plastic, concrete, ceramics, metal, etc.) %, dry weight basis < 1% TMECC 03.08-A Stability (respirzometry) mg CO2-C per g TS per day mg CO2-C per g OM per day 8 or below TMECC 05.08-B Select Pathogens and weed free (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram Pass TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella Trace Metals (PASS/FAIL) Limits (mg kg-', dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 Pass TMECC 04.06 Maturity (Bioassay) TMECC 05.05-A Percent Emergence %, (average) > 80% Relative Seedling Vigor %, (average) > 80% Use the STA Lab bulk density lb/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. Table 212-6 Gradation for Erosion Log (Type 2) Compost Sieve Size Percent Passing Minimum Maximum Test Method 75.0 mrn (3") 100 TMECC 02.02-B, "Sample Sieving for 25.0 mm (1") 90 100 Aggregate Size Classification" 9.5 mm(3/8") 10 50 Note: 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 October 1, 2023 6 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Compost Parameters Reported as Requirements Test Method pH pH units 6.0 - 8.5 TMECC 04.11-A Soluble Salts (Electrical 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 Inert Contamination (plastic, concrete, ceramics, metal, etc.) - %, dry weight basis < 0.5% TMECC 03.08-A Stability (respirometry) mg CO2-C per g TS per day mg CO2-C per g OM per day N/A TMECC 05.08-B Select Pathogens and weed free (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram Pass TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella Trace Metals (PASS/FAIL) Limits (mg kg -1, dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead (Pb) 300, Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 Pass TMECC 04.06 Maturity (Bioassay) TMECC 05.05-A Percent Emergence %, (average) N/A Relative Seedling Vigor %, (average) g N/A (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 HEM 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 pm -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. . In 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 "<F to ensure material is weed free. The Contractor shall provide a CTR with independent laboratory analysis per subsection 106.13. October 1, 2023 7 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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. Table 212-8 Required Percentage Ranges of Biotic Soil Amendments Components Units Requirement Professional grade sphagnum peat moss, certified composts and other organic growth enhancing additives. % dry weight basis 57% Mechanically and thermally processed straw consisting of weed free agricultural straw, flexible flax fiber % dry weight basis 40% Trace Minerals, plant based biodegradable co -polymer, sugars, starches, proteins, and 16 amino acids (including folic acid, vitamin A, and triacontanol growth stimulants/regulators) %, dry weight basis 2% Multiple species of both mycorrhizae and beneficial bacteria %, dry weight basis 1% Table 212-9 Performance and Physical Requirements of Biotic Soil Amendments Parameters pH Moisture content Organic matter content Carbon Nitrogen Ratio Acute Toxicity The Contractor shall provide a CTR with independent laboratory analysis for the required parameters in accordance with subsection 106.13. Reported as pH units %, wet weight basis %, dry weight basis Ratio C:N (Pass/Fail) Requirement 5.0 - 7.5 10% - 50% > 95% < 25-45:1 Pass (non-toxic) Test Method Saturated media extract method ASTM D 2974 ASTM D586 ASTM E1508 EPA TM 2002.0 (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 Seeding (Native) Drill, Hydraulic and Broadcast inches Table 212-11 Performance and Physical Requirements of Humate 1/4 October 1, 2023 8 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING Parameters Reported as Requirement Test Method Organic Matter %, dry weight basis >70% Fines (material that is finer than the No. 200 (75-µm) sieve) %, dry weight basis <2% ASTM D7928 pH pH units 3.0-= 4.5 ASTM D1293 Acute Toxicity Pass / Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 Humic and Fulvic Acids %, dry weight basis > 70% A 8,L Western method; total alkali extractable Carbon Content %, dry weight basis 40% - 50% Moisture Content %, dry weight basis < 20% Heavy Metal / Ash Content %, dry weight basis < 15% 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 Acute Toxicity The Contractor shall provide a CTR with independent laboratory analysis has been done on the product for the required parameters per subsection 106.13. Reported as Pass or Fail Requirement Non Toxic Test Method ASTM 7101 or EPA Method 2021 or 2002 The following rates shall be used for Seeding Methods: (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. October 1, 2023 9 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (g) 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) Bulk Density %o Lbs per cu. ft. > 90 > 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 3/ 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 copies of items (1) - (15) listed below 5 days before the Pre -Vegetation Conference per Section 207. (1) 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. (2) Seed vendor's "seed dealer" endorsement. (3) 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. (4) 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. (5) Manufacturer's documentation stating that the fertilizer meets the Contract requirements. (6) Organic fertilizer documentation showing manufacturer and chemical analysis. October 1, 2023 10 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (7) Permit issued from CDPHE confirming that the vendor can produce or sell compost per House Bill (HB) 1181. (8) 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). (9) Results of compost testing on an STA Compost Technical Data Sheet confirming all required test methods are met using the STA Program. (10) Sample of physical compost (at least one cubic foot of material). (11) 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. (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 fr eF Fall Seeding i l "Spring thaw" is the earliest date in a new calendar year in which seed can be buried 'h inch into the surface soil (topsoil) through normal drill seeding methods. 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. October 1, 2023 11 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING The Contractor shall submit a proposed Permanent Stabilization Phasing Plan to the Engineer before the Pre-revegetafon 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 wails. Areas damaged due to the Contractor's failing to protect 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, 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 6 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 tilers. 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 aigle 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 under shouldering material. Projects seeding up to the edge of pavement, tillage is rut 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. October 1, 2023 12 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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'/< covered and may be activated. B. Activate the mechanical agitation system. C. 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 3/4 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 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 '/4 inch and not more than '/z 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. October 1, 2023 13 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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. 0.90R = # 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 = (% purity (in decimal form) from seed label) x )% germination (in decimal form) from seed label) (LBS PLS / Acre) from the SWMP / ./0 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. L. 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: A. Fill tank with water to a level where the paddles are % covered and may be activated. B. Activate the mechanical agitation system. C. Prime pump and any discharge hoses before adding any HGMs. October 1, 2023 14 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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 3/ full and begin adding bags of HGM. F. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. G. Fertilizer and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. H. Add seed and/or other amendments to slurry as required. I. 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 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 Mycorrhizae. 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 October 1, 2023 15 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING shall remove material that falls on plants, roadways, gravel shoulders, structures, and other surfaces where material is not specified. A. 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. B. 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. (5) Continue filling tank with water to approximately 3/ 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. Add seed and/or other amendments to slurry as required. 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) (8) (9) 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. October 1, 2023 16 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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. (c) 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-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 '/ to '/2 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. October 1, 2023 17 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses per SWMP Interim Site Maps or as directed by the Engineer. 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 Oats Foxtail Millet Botanical Name Avena sativa Setaria italica Application Time October 1 - May 1 May 2 - September 30 Seeding Rates ( LBS PLS/Acre) 35 30 Planting Depth (inches) 1-2 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. Fertilizer shall not be applied when the application will damage the new lawn. October 1, 2023 18 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING (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 -IA 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 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. October 1, 2023 19 REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING 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. Payment will be made under: Pay Item Organic Fertilizer Compost (Mechanically Applied) Biotic Soil Amendments (Hydraulically Applied) Biotic Earth Black (HGM) Humate Mycorrhizae Elemental Sulfur Seeding (Native)(Drill) Seeding (Native)(Hydraulic) Seeding (Native)(Broadcast) Seeding (Wetland)(Drill) Seeding (Wetland)(Hydraulic) Seeding (Wetland)(Broadcast). Seeding (Temporary) Seeding (Lawn) Sod Soil Conditioning (Fertilizer) Soil Conditioning (Compost) Soil Conditioning (Elemental Sulfur). Pay Unit Pound, Acre Cubic Yard, Acre Pound Acre Pound Pound Pound, Acre Acre Acre Acre Acre Acre Acre Acre Acre Square Foot Acre Acre Acre 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. Additional mobilizations as needed to complete seeding within allowed seeding seasons will not be measured anfi paid for separately but shall be included in the work. Removal of al competitive, non-native vegetation before spreading amendments will not be measured and paid for separately but shall be included in the work. 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, 2023 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: 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, 2023 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby revised for this project as follows: Subsection 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 for erosion control on roadway ditches, 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). 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 2 Slope Application "C" Factor' ASTM D 6459 .10@3:1 ≤ 0.10@3:1 Channel Application Permissible Shear Stress2 (Un-vegetated) ASTM D 6460 2.0O Ibs/sf 2.25 lbs/sf Minimum Tensile Strength ASTM D 6818 100 lbs/ft 125 lbs/ft Subsection 216.02(e) shall be deleted and replaced with the following: (e) 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 in accordance with 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, 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. After installation, the TRM shall be covered with 0.5 inches of topsoil per Section 207. After the topsoil has been placed, the remaining one-half of the seed shall be hand broadcast at the broadcast rate and raked into the soil per Section 212. TRMs shall be tested for physical properties and have published data from an independent testing facility. October 1, 2023 2 REVISION OF SECTION 216 SOIL RETENTION COVERING Large scale testing of Permissible Shear Stress shall be performed by an independent testing facility. Table 216-4 shall be deleted and replaced with the following: Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT Specification Product Name', LandLok 450 Pyramat 50 0.30 Pyramat 75 0.40 Thickness ASTM D-6525 (in) 0.50 Tensile Strength ASTM D-6818 (Ibs/ft) 425 x 350 3200 x 3000 4000 x 3000 Elongation ASTM D-6818 (%) 50 30x30 40x35 Resiliency ASTM D-6524 (%) 90 70 80 Flexibility ASTM D-6576 (in -lb) 0.026 0.195 0.534 UV Resistance % Retained @ 1,000 Hours ASTM D-4355 80 90 90 Velocity (Vegetated) (ft/sec) 18 22 25 Permissible Shear Stress3 (Vegetated) ASTM D 6460 (Ibs/ft2) 10 14 16 Manning's n (Unvegetated) 0.025 0.028 0.028 Seeding Emergence ASTM D-7322 (%) 409 619 Roll Sizes (ft x ft) 8x140 16x140 16x348.75 8.5 x120 15x120 8.5x120 15x120 Notes: 1 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 1/2 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: (t) 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. Subsection 216.07 shall be deleted and replaced with the following: 216.07. Soil retention coverings and turf reinforcement mats will be measured by the square yard of finished surface which is installed and accepted by the Engineer. Trenches, overlap, and wastage will not be measured separately but shall be included in the work. October 1, 2023 3 REVISION OF SECTION 216 SOIL RETENTION COVERING If approved by the Engineer for use on the project, earth anchors will be measured by the actual number of earth anchors complete in place and accepted. Subsection 216.08 shall be revised to include the following: Payment will be made under: Soil Retention Blanket (S-C)(BioD CL 2) Soil Filled Turf Reinforcement Mat (Class 3) Square Yard (SY) Square Yard (SY) Subsection 216.08, paragraphs following the payment table shall be deleted all and replace dwith the following Preparation of seedbed, placement of topsoil, fertilizing, soil conditioning, and seeding shall not be paid for separately but shall be incidental to the Soil Filled Turf Reinforcement Mat. Staples will not be paid for separately but shall be included in the work. END OF SECTION October 1, 2023 3 REVISION OF SECTION 216 SOIL RETENTION COVERING If approved by the Engineer for use on the project, earth anchors will be measured by the actual number of earth anchors complete in place and accepted. Subsection 216.08 shall be revised to include the following: Payment will be made under: Soil Retention Blanket (S-C)(BioD CL 2) Soil Filled Turf Reinforcement Mat (Class 3) Square Yard (SY) Square Yard (SY) Subsection 216.08, paragraphs following the payment table shall be deleted all and replace dwith the following: Preparation of seedbed, placement of topsoil, fertilizing, soil conditioning, and seeding shall not be paid for separately but shall be incidental to the Soil Filled Turf Reinforcement Mat. Staples will not be paid for separately but shall be included in the work. END OF SECTION January 25, 2024 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Specifications is hereby revised for this project as follows: Subsection 626.01 BASIS OF PAYMENT shall be deleted in its entirety and replaced with 626.02 Payment for mobilization will be made per the "Items" of work shown in the Work Order. Mobilization (Item 202) will be paid for once for any requiring any or all of the items shown with Item 202; Mobilization (Item 207) will be paid for once for any requiring any or all of the items shown with Item 207; Mobilization (Item 208) will be paid for once for any requiring any or all of the items shown with Item 208; Mobilization (Item 212 and 213) will be paid for once Order requiring any or all of the items shown with Item Mobilization (Item 214) will be paid for once for any requiring any or all of the items shown with Item 214; Mobilization (Item 216) will be paid for once for any requiring any or all of the items shown with Item 216. or all mobilizations required by the Work Order or all mobilizations required by the Work Order or all mobilizations required by the Work Order for any or all mobilizations required by the Work 212 and 213; or all mobilizations required by the Work Order or all mobilizations required by the Work Order END OF SECTION January 25, 2024 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Traffic Control — Signs Only shall include all signage, traffic control inspection, and traffic control management required for the project. (MUTCD TA -6) Traffic Control — Lane Closure shall include all signage, flaggers, traffic control inspection, and traffic control management required for the project. (MUTCD TA -10) Subsection 630.01 shall include the following: The Contractor shall submit a traffic control plan to the County for review and approval prior to construction. The plan shall address all phases of construction. 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 traveling 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 cross roads 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. Placement and removal of temporary striping shall not be paid for separately but shall be included in the work for Traffic Control. If it becomes necessary to properly move traffic through the construction area, flaggers 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 630.18 shall be revised to include the following: Pay Item Lane Closure Signs Only Pay Unit Day Day END SECTION January 25, 2024 TRAFFIC CONTROL PLAN - GENERAL Special Traffic Control Plan requirements for this project are as follows: Subsection 104.04 and Section 630 of the CDOT 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 Uniform 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) Little Bluestem (Blaze, Cimarron, Camper) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Blue Grama (Hachital, Lovington) Green Needlegrass Western wheatgrass (Arriba, Barton, Rosana) Switchgrass (Nebraska 28, Blackwell) Total 4.50 1.00 2.00 3.00 1.00 1.50 1.00 14.00 NATIVE MIX FOR GRAVEL PITS - SOUTH OF HWY 34 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) Smooth Brorne (Lincoln, Manchar) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Blue Grama (Hachital, Lovington) Switchgrass (Nebraska 28, Blackwell) Total 6.00 2.00 2.00 3.00 1.00 14.00 NATIVE MIX FOR ROADWAYS - NORTH OF WCR 74 Common Name Pounds PLS/Acre Buffalo Grass (Texoka, Sharps Improved) Little Bluestem (Blaze, Cimarron, Camper) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Blue Grama (Hachital, Lovington) Western wheatgrass (Arriba, Barton, Rosana) Switchgrass (Nebraska 28, Blackwell) Perennial Ryegrass (Calibra or Garibaldi tetraploid) Sand dropseed Total 1.50 1.50 2.00 3.50 3.00 1.50 0.75 0.25 14.00 NATIVE MIX FOR ROADWAYS - SOUTH OF WCR 74 Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) Blue Grama (Hachital, Lovington) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Smooth Brome (Lincoln, Manchar) Sand dropseed Perennial Ryegrass (Calibra or Garibaldi tetraploid) Slender Wheatgrass (Pryor, Revenue, or San Luis) Alkaligrass (Fults II, Salt on Sea) Switchgrass (Nebraska 28, Blackwell) Total 2.50 1.50 2.25 2.00 0.25 0.75 2.50 1.25 1.50 14.50 NATIVE MIX FOR ROADWAYS - WCR 77 Common Name Pounds PLS/Acre Smooth Brome (Lincoln, Manchar) Little Bluestem (Blaze, Cimarron, Camper) Streambank Wheatgrass (Sudan) Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) Blue Grama (Hachital, Lovington) Western wheatgrass (Arriba, Barton, Rosana) Switchgrass (Nebraska 28, Blackwell) Perennial Ryegrass (Calibra or Garibaldi tetraploid) Sand dropseed 2.5 1.00 1.75 2.0 2.0 3.5 0.5 0.5 0.25 Total 14.00 NATIVE MIX FOR ROADWAYS - EAST DAVIS Common Name Pounds PLS/Acre Western Wheatgrass (Arriba, Barton, Rosana) Streambank Wheatgrass (Sudan) Thickspike Wheatgrass Slender Wheatgrass (Pryor, San Luis) Canada Wildrye (Mandan) Indian Ricegrass WRimrock, White River) Inland Saltgrass Sand Dropseed Total 2.0 2.0 2.0 2.0 2.0 2.0 2.0 0.5 14.50 NATIVE MIX FOR ROADWAYS — AULT Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) Slender wheatgrass (Pryor, San Luis) Streambank Wheatgrass (Sodar) Sand dropseed Total 5.00 5.00 5.00 0.10 15.10 Exhibit B ei VERDANT ENVIRONMENTAL 2024 Erosion Control and Revegetation Services Proposal - Weld County TO: Weld County, Colorado FROM: Harry Alles, Verdant Environmental LLC SUBJECT: RFP B2400044 Proposal DATE: February 22, 2024 Verdant Environmental is submitting a proposal for the above RFP to provide on call erosion control and revegetation services. We have been providing erosion control, seeding and mulching/ revegetation, streambank and wetland restoration, stormwater consulting, and soil testing services since 2019 throughout Ckolorado and Wyoming. We always collaborate with our clients to ensure that all applicable specifications can be met, while ensuring that the best value can be provided to them while still getting a high -quality product. We have experience working with projects in Weld County for the county and other local municipalities within it, as well as many erosion control and revegetation projects for other local municipalities, CDOT, NRCS, and USACE funded projects. Communication and scheduling are very important to us at Verdant, and we endeavor to provide our clients with clear expectations regarding when the work will occur, the estimated durations, and ensuring that all parties are notified and prepared for any upcoming work. We have a fleet of trucks, tractors, loaders, skid steers, hydromulchers and implements to accomplish nearly any prnject in the Front Range and Rocky Mountains. I bring to the company a background in environmental construction, streambank and wetland restoration, and soil and crop science/ agronomy. We can offer thorough soil sampling and amendment recommendations to help the county save money and amend projects correctly for the unique fertility and soil conditions found on projects if needed. We are experienced in conducting noxious weed surveys, wildlife/ migratory bird surveys, streambank restoration, wetland mitigation, and prairie dog mitigation projects. We have a wealth of experience dealing with complying with the CDPHE Stormwater General Permit, as well as Weld County, MHFD/ Urban Drainage, CDOT, and NRCS/ USACE requirements related to revegetation and stormwater management. See attached bid proposal and supplamental statement of qualifications which lays out the services and products we offer, as well as a multitude of completed and in -progress projects. If any specific project references are required, we would be glad to provide GC and project owner contact information. Thank you for your time and the opportunity to submit a proposal! cim/f Harry Alles, Owner, Verdant Environmental LLC BID PROPOSAL To: Weld County Purchasing Department P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Attention: Rob Turf, Director of General Services Bid Proposal for: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 (WITH POSSIBLE EXTENSIONS FOR 2025 AND 2026) Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes to furnish all labor and materials and to perform all Work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the Work above indicated for the monies indicated below which includes all State, County and focal taxes normally payable with respect to such Work. The amounts stated include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and equipment, labor and materials and other incidental costs. The Bidder and all Sub -Bidders shall include in their bid all Sales and Use Tax if applicable. State of Colorado and Weld County tax shall not be included. Upon application, the State of Colorado Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-114, CRS, and is free from Colorado State Sales Tax. EXAMINATION OF DOCUMENTS AND SITE The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to fully appraise themselves of the conditions at the site and to gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. PROPOSAL GUARANTEE This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required Performance Bond, Labor & Materials Payment Bond, and Certificates of Insurance. TIME OF COMPLETION The Bidder agrees to make their best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Conditions after the issuance of the Notice to Proceed subject to the CDOT Standard Specifications for Road and Bridge Construction, Section 108. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, they must execute the required Agreement and furnish the required Performance Bond, Labor & Materials Payment Bond and Insurance Certificates within ten (10) days from the date of Notice of Award. METHOD OF AWARD The Owner reserves the right to reject any Bid from any Bidder whom the Owner deems is unfit or unqualified to complete the Work as specified regardless of the amount of the Bid. BID NO #B2400044 I' z g c: 115 It is understood by the Bidder how Bids shall be awarded and that should the cost of the Bid exceed budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price. All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct total used for determining the low bidder. BID NO #B2400044 Page 116 2024 BID SCHEDULE ITEM NO ITEM DESCRIPTION UNIT EST QT UNIT PRICE TOTAL PRICE 101 PROJECT MANAGEMENT (ONSITE MEETINGS) HR 40 $ 80.00 $ 3,200.00 202 SILT FENCE MAINTENANCE/REMOVAL LF 10,000 $ 1.50 $ 15,000.00 202 AGGREGATE BAG MAINTENANCE/REMOVAL LF 1,000 $ 7.50 $ 7,500.00 202 CONSTRUCTION FENCE MAINTENANCE/REMOVAL LF 2,000 $ 3.50 $ 7,000.00 202 EROSION BALE MAINTENANCE/REMOVAL EACH 200 $ 8.50 $ 1,700.00 202 EROSION LOG (TYPE 1) MAINTENANCE/REMOVAL LF 10,000 $ 2.25 $ 22,500.00 202 EROSION LOG (RUBBER -FILLED) MAINTENANCE/REMOVAL (RETURN TO PUBLIC WORKS STORAGE YARD) EACH 500 $ 5.00 $ 2,500.00 207 TOPSOIL CY 100 $ 45.00 $ 4,500.00 208 SILT FENCE LF 5,000 $ 1.70 $ 8,500.00 208 AGGREGATE BAG (9 INCH) LF 500 $ 8.00 $ 4,000.00 208 CONSTRUCTION FENCE (ORANGE PLASTIC W/ T -POSTS) LF 1,000 $ 4.00 $ 4,000.00 $ 2,000.00 208 EROSION BALE (WEED FREE) EACH 100 $ 20.00 208 EROSION LOG (TYPE 1) (12 INCH) LF 5,000 $ 3.70 $ 18,500.00 208 EROSION LOG (RUBBER -FILLED) (10 FT) EACH 250 $ 68.00 $ 17,000.00 208 SEDIMENT REMOVAL AND DISPOSAL (MANUAL METHODS) HR 50 $ 55.00 $ 2,750.00 208 SEDIMENT REMOVAL AND DISPOSAL (SMALL EQUIPEMENT) HR 20 $ 110.00 $ 2,200.00 212 DRILL SEEDING (NATIVE MIX FOR GRAVEL PITS) (NORTH OF HWY 34) ACRE 40 $ 650.00 $ 26,000.00 212 DRILL SEEDING (NATIVE MIX FOR GRAVEL PITS) (SOUTH OF HWY 34) ACRE 5 $ 800.00 $ 4,000.00 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) ACRE 30 $ 800.00 $ 24,000.00 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (SOUTH OF WCR 74) ACRE 30 $ 800.00 $ 24,000.00 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (WCR 77) ACRE 20 $ 800.00 $ 16,000.00 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (EAST DAVIS) ACRE 5 $ 900.00 $ 4,500.00 212 DRILL SEEDING (NATIVE MIX FOR ROADWAYS) (AULT) ACRE 5 $ 850.00 $ 4,250.00 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) ACRE 5 $ 1,400.00 $ 7,000.00 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (SOUTH OF WCR 74) ACRE 5 $ 1,300.00 $ 6,500.00 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (WCR 77) ACRE 3 $ 1,400.00 $ 4,200.00 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (EAST DAVIS) ACRE 1 $ 1,500.00 $ 1,500.00 212 HYDRAULIC SEEDING (NATIVE MIX FOR ROADWAYS) (AULT) ACRE 1 $ 1,500.00 $ 1,500.00 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (NORTH OF WCR 74) SY 100 $ 1.00 $ 100.00 BID NO #B2400044 Page 117 ITEM NO ITEM DESCRIPTION UNIT EST CITY UNIT PRICE TOTAL PRICE 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (SOUTH OF WCR 74) SY 100 $ 1.00 $ 100.00 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (WCR 77) SY 100 $ 1.00 $ 100.00 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (EAST DAVIS) SY 100 $ 1.00 $ 100.00 212 BROADCAST SEEDING (NATIVE MIX FOR ROADWAYS) (AULT) SY 100 $ 1.00 $ 100.00 212 NURSE CROP (WB-CEDAR WHEAT OR EQUIV) (15 PLS/ACRE) ACRE 20 $ 275.00 $ 5,500.00 212 COMPOST (MECHANICALLY APPLIED) CY 50 $ 70.00 $ 3,500.00 212 BIOTIC EARTH (HGM BLACK) (4,500 LBS/ACRE) ACRE 20 $ 4,750.00 $ 95,000.00 212 SOD (FESCUE) SF 0 $ 2.50 $ 0.00 213 STRAW MULCH (WEED FREE) (1.5 TONS/ACRE) ACRE 135 $ 500.00 $ 67,500.00 $ 60,750.00 213 MULCH TACKIFIER TACKIFIER (200 LBS/ACRE) +- WOOD FIBER (300 LBS/ACRE) ACRE 135 $ 450.00 213 HYDRAULIC MULCH MULCH TACKIFIER (100 LBS/ACRE) + WOOD FIBER (2,000 LBS/ACRE) ACRE 15 $ 2,000.00 $ 30,000.00 213 BONDED FIBER MATRIX (MANUFACTURER'S RECOMMENDED RATE) ACRE 5 $ 3,500.00 $ 17,500.00 214 SEEDING MAINTENANCE (WATERING) HR 10 $ 200.00 $ 2,000.00 214 VEGETATION MAINTENANCE (MOWING) HR 10 $ 150.00 $ 1,500.00 216 SOIL RETENTION BLANKET (STRAW/COCONUT) SY 5,000 $ 3.00 $ 15,000.00 216 CLASS 3 TRM (PYRAMAT-75 OR APPROVED EQUIVALENT) SY 1,000 $ 25.00 $ 25,000.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 202) EACH 20 $ 500.00 $ 10,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 202) EACH 20 $ 500.00 $ 10,000.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 207) EACH 1 $ 600.00 $ 600.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 207) EACH 1 $ 650.00 $ 650.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 208) EACH 10 $ 500.00 $ 5,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 208) EACH 10 $ 500.00 $ 5,000.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 $ 900.00 $ 9,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 212 AND 213) EACH 10 $ 900.00 $ 9,000.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 214) EACH 1 $ 600.00 $ 600.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 214) EACH 1 $ 600.00 $ 600.00 626 MOBILIZATION NORTH OF HWY 34 (ITEMS 216) EACH 5 $' 600.00 $ 3,000.00 626 MOBILIZATION SOUTH OF HWY 34 (ITEMS 216) EACH 5 $ 600.00 $ 3,000.00 630 TRAFFIC CONTROL - SIGNS ONLY (NO FLAGGERS) (MUTCD TA -6) DAY 5 $ 1,100.00 $ 2,000.00 $ 5,500.00 $ 0.00 630 TRAFFIC CONTROL - LANE CLOSURE (WITH FLAGGERS) (MUTCD TA -10) DAY 0 *The above quantities are provided as information only and are used solely for selecting the lowest responsible bidder, actual quantities may vary. TOTAL COST $ 632,000.00 BID NO #02400044 Page X18 RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings, Specifications and other Contract Documents. Addendum No. 1 Date: 02-15-2024 Addendum No. 2 Date: 02-20-2024 Bidder agrees to perform all Work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on the Lump Sum price or the actual quantities furnished, installed or constructed. The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B2400044. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. 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. FIRM Verdant Env; ronmental LLC BY Harry Alles, Owner BUSINESS ADDRESS 22360 County Rd 54 CITY, STATE, ZIP CODE Greeley, CO 80631 (Please print) DATE 02-22-2024 TELEPHONE NO 303-775-2529 FAX TAX ID # 84-3975965 E-MAIL harry@verdantenviro.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. BID NO #B2400044 Page 119 ACKNOWLEDGEMENT OF BID DOCUMENTS Bid Opening Checklist: All the following pages must be submitted with every bid submittal. Failure to submit any of these documents will disqualify your bid. 2024 Bid Schedule. All columns on the bid tab are to be completed. For bid items with quantities of zero, Weld County still wants a unit price for the bid item. Those bid items will subsequently carry over to the total Colum as $0. The purpose of the bid items with zero quantities is to allow Weld County the flexibility to potentially use the erosion control contractor to perform those specified tasks during possible contract renewals. V Bid Bond IRS Form W-9 C� Statemerr of Qualifications and Subcontractors VReceipt of addenda(s), if any.. should be signed. I have initialed each of the above items and have fully executed the corresponding documents. I hereby Acknowledge and understand the above required bid documents. Verdant Environmental LLC (Contractor) Dated this 22nd day of February I By: 2024 Title: Owner BID NO #82400044 Page 1 20 BID BOND EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 KNOW ALL MEN BY THESE PRESENTS, that Verdant Environmental LLC as Principal, and *as Surety, are hereby held and firmly bound unto Weld County, Colorado (hereinafter called the "Owner") in the penal sum of Five Percent of Bid Amount Dollars ($ 5% of Bid Amount), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid dated February 23, , 2024 for the EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 as set out in the accompanying Bid. WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to erform p NOW THEREFORE, if the principal shall, within the period specified therefore: A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the proper fulfillment of said Contract, or B. Withdraw said Bid within the time specified, or C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this obligation shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of February 21, , 2024 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing board. ATTEST: By: ATTEST4i,41-Ct By. Troy Stapies 4Corney-in-Fact *Old Republic Surety Company .�_ Principal Verdant Environmental LLC Address 22360 Conty Road 54 Greeley, CO 80631 Surety Old Republic Surety Company Address P.O. Box 1635 Milwaukee, WI 53201 BID NO #82400044 Page 20 State of ACKNOWLEDGMENT OF PRINCIPAL (Individual) C(JLO ) County of t/J Llel j On this _214 day of Fps in the year 2 Obi, before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that he/she executed the same. ROBERTA LEED NOTARY PUBUC STATE OF COLORADO NOTARY ID* 20224022073 MY COMMISSION °Ate rtuWieEDGMENT OF PRINCIPAL (Partnership) State of County of On this ) ) day of toi _ Notary Public in the year before me personally come(s) a member of the co -partnership of _ to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he/she executed the same as for the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) County of On this day of in the year before me personally come(s) to me known, who, being duly sworn, deposes and says that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) County of Dakota ) On this 21st day of February, in the year 2024, before me personally come(s) Troy Staples, Attomey(s)-in-Fact of Old Republic Surety Company with whom I am personally acquainted, and who, being by me duly sworn, says that he/she is (are) the Attomey(s)-in-Fact of Old Republic Surety Company company described in and which executed the within instrument; that he/she know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the signed said instrument as Attomey(s)-in-Fact of the said company by like order. i9V ► D EA WARE CONNO'1't -DEES != MS 11 NOTARY PUBLIC - M!WNESOTA - irl *4 ) My Commission = � Expires Jan. 3,, 2025 �', rd of Directors of said company, and that he/she Notary' Public INSTRUCTIONS The full firm name and residence of each individual party to the bond must be inserted in the first paragraph If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must recite that they are partners composing the partnership (to be named), and all partners must execute - the bond as individuals The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer - Power of Attorney must accompany this bond when signed by other than an officer of either the principal or surety A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations protecting the Owner are not in any way reduced by use of such standard printed bond form BID NO #B2400044 Page 122 Form (Rev. October Department of Internal Revenue 9 2018) the Treasury Service ► Go Identification to www.irs.gov/FormW9 Request Number for for instructions Taxpayer and Certification and the latest information. Give requester. send Form to the to Do the not IRS. Print or type. See Specific Instructions on page 3. 1 Name Verdant (as shown on your income Environmental LLC tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check following appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the seven boxes. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): U Individual/sole proprietor or C Corporation ❑ S Corporation L 1 Partnership [-I Trust/estate single -member LLC Exempt payee code (if any) Limited liability company. Enter the tax classification (C -C corporation, S=S corporation, P -Partnership) ► Note: LLC another Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check if the LLC :s classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Exemption from FATCA reporting code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. nOther (see instructions) D. (Applies to accounts maintained outside the U S ) 5 Address (number, 22360 County street, and apt. or suite no.) See instructions. Rd 54 Requester's name and address (optional) 6 City, Greeley, state, and ZIP code CO 80631 7 List account numbers) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN n the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien. sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN. later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or Employer identification number 8 3 9 Certification 7 5 9 6 5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report a I interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and div'dends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person D. General Instructions �lz Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were publishec. go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Fcrm W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an infcrmation return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 02/22/2024 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT 02-22-2024 All questions herein must be answered by all 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 thisstatement 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 as determined by the County The County reserves the right to waive informalities and/or irregularities and to reject any or all bids Name of Bidder (Company or -Firm) Verdant Environmental LLC 2 Permanent main office address 22360 County Rd 54, Greeley, CO 80631 Phone Number 303-775-2529 Fax Number 3 Year Company was organized 2019 ' 4 Number of years this Company has been engaged similar construction 5 Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work', Verdant Environmental LLC,,5 years - 5 List all projects that the Company has under contract at the present time Show the contract amount and the anticipated date of completion for each US 85 & WCR 44 -Peckham- 0853-107 $ 748,871 90 Fall 2024 Boston Ave Bridge Replacement Spring Gulch #2 Greenway Impry - Phase III $ 642,557 50 - Spring 2025 $ 542,322 75 - Fall 2024 _ 6, ' 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 ' - 7 List all contracts within the last'3 years for which liquidated damages were assessed or may be assessed None BID NO #B2400044 Page 124 8. List all contracts within the last 3 years during which or after which the Company filed a protest with the owner. None 9 List all contracts within the last 3 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 10. Has any owner, as party to any of the Company's contracts within the last 3 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. No 11. Describe all contracts that the Company failed to complete. None 12. Describe all contracts on which the Company defaulted or from which the Company was terminated. None 13. List all o- a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 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. Project Name: US 85 & WCR 44 -Peckham- 0853-107 Location: US 85 and WCR 44 Supt: Peter Kubiak, Jalisco (PM) Owner's Representative: Ryan Idler- CDOT R4 Phone: 970-350-2238 Contract Amount: $748,871.90 Completion Date: Fall 2024 BID NO #B2400 344 Page 125 Project Name Possum Gully Channel Improvements Location Aurora High Point- Possum Gully Channel Supt Josh Duran, Duran Exc (PM) Owner's Representative Randy Ficklin II- Silverbluff Companies Completion Date 09-2023 (Final Stabilization) Phone 720-532-2551 Contract Amount $346,047 95 Project Name Lanmer County On Call (Reveg, EWP Proj ) (Sub for Flatiron, Connell on call/ emergency contracts) Location Buckhorn Canyon, CR 44H/ Pingree, Lanmer County Landfill Supt Mark Ronk, Connell (PM) Owner's Representative Morgan Fay- Lanmer County Phone 970-498-5739 Completion Date Fall 2023 Contract Amount $205,090 57 (Flatiron, Connell combined on call EC/ Seeding total) 14 List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do 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, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR MORE OF THE WORK SUBCONTRACTOR WORK DESCRIPTION None % OF WORK 0 15 List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc NAME Harry Alles TITLE Owner Gabe Shelton Project Manager Jordan Gaboian Project Manager Julian Florez Hope Hecht YRS EXPERIENCE 8 12 8 Crew Lead 5 Crew Lead 3 16 List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company None BID NO #B2400044 Page 126 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 by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this'day of Febiv &-t- Bidder: VL2r)c-rt By: Name: 6 Title: 4 LA/Atvr NOTARY County of L0t.LCI State of t0 I(.Jf0.ci.v deposes and says that he is ss. 1-ktsxrxi 1/44-tk-c oLL,h4..v (Title) Via, ldaAAA C-AVLOK m t wtecA LLCL (Company Name) 2024. /-61 LAC, Company Signature (Please Type) being duly sworn, of. and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this D.) L -sec (SEAL) 06/06/2026 day of, 2024. Commission Expires ROBERTA LEED NOTARY PUBLIC STATE OF COLORADO NOTARY ID* 20224022073 MY COMMISSION EXPIRES 6/6/2€ XL( Notary Public BID NO #B2400044 Page 127 • . • s r 44, • p • • • : . .••.w.w....i,y.. f • * 4 - 40114 • lib** posilastVIP "re: • ••* ranif404 sir , , r i R •4 tat . 410 Verdant Environmental LLC Protecting Our Critical Water Resources STATEMENT OF QUALIFICATIONS ABOUT VERDANT ENVIRONMENTAL 4... Verdant Environmental is a full -service environmental firm providing a wide range of environmental consulting, construction, weed management and landscape maintenance services to public and private sector clients. Established in 2019, ou' owner and team have over 75 years' combined experience completing projects for local, state, and federal agencies, general contractors, developers, landowners, mining companies, and the oil and gas and industry. Our goal at Verdant is always to provide the best quality proauct to our clients, while utilizing our experience to determine the best way to accomplish project goals. We always endeavor to provide the best value and ensure compliance with all applicable regulations. Verdant Environmental LLC's services include: Erosion Control BMP Installation and Maintenance - silt fence, erosion log, inlet and outlet protection, check dams, vehic e tracking pads (in ground and portable), sweeping and sediment removal. Reclamation and Stabilization - topsoil spreading, tillage, soil conditioning and amendments, drill and broadcast seeding straw mulching and crimping, hydro seeding, hydro mulching, erosion control blankets and TRVI s, temporary stabilization. Streambank and Wetland Restoration- installation of plugs and container plants, trees, in stream structures (log/wil ow), live willow/ pole staking, wetland and riparian seeding and stabilization. Noxious Weeds Treatment - weed identification, weed management plans, and treatment monitoring, nonselective and selective herbicide treatments with ATVs, trucks, and tractor mounted sprayers. Landscaping and Plantings- decorative mulching, container planting, tree planting, sod or hydroseeding of irrigated turf, retaining walls, fencing. Revegetation and Wildlife Monitoring - field surveys, success determinations, maintenance recommendations and reports. Bird surveys and wildlife biologist services. WWW.VERDANTENVIRO.COM 22360 CR 54 GREELEY, CO 80631 PHONE: 303-775-2529 Site Assessments for Revegetation — soil type - plant community determinations, species selection, soil moisture condition assessments, ground water evaluations, quantification of plant, seed and EC materials needed, site design (concept through 100%) Property Management Services- Field and roadside mowing, road maintenance and construction, silt removal, ditch maintenance, arena maintenance and renovation, fence installation and maintenance, trenching, culvert and pond installation, wildlife/ hunting habitat installations, and more. Pest Control- Prairie dog control services- bait/ fumigation, PERC (pressurized exhaust/ CO2), commercial pest control services (removal, perimeter control, monitoring) Irrigation- installation of temporary or permanent irrigation systems. Mainline, laterals, drip, pop-up zones, controllers (2 -wire and traditional) and more. SWMP Consulting and Inspection- creation of SWVP plans, assistance in permitting, inspections, and site strategies to ensure compliance with the CDPHE General Stormwater permit and all local agencies. Verdant Environmental was founded by Harry Alles, a fourth -generation farmer and business owner who brings to his projects a unique experience with plant sciences and agriculture, and a strong background in project logistics. Verdant Environmental was started because we truly care about protecting our water and environmental resources. Prior to starting Verdant, Mr. Alles had managed several million dollars of streambank restoration, erosion control, reclamation, and wildlife projects for project owners such as USACE, NRCS, State agencies, local municipalities, and watershed coalitions. Verdant's multidisciplinary team has ample experience working with environmental construction, landscape restoration and maintenance, weed management and other environmental services throughout Northern Colorado, the Front Range, and the Rocky Mountains. PROJECT EXPERIENCE The following project briefs demonstrate Verdant's experience in the services required under this contract. Larimer County On Call EWP/ Revegetation- Post Fire and Flood Lorimer County, CO- Larimer County, Flatiron Constructors, Connell, Meridiam Partners (Various GC Contracts) Verdant was contracted to repair damages to several completed projects post Cameron Peak fire and the subsequent flash flooding events in 2022 and 2023, and has revegetated several additional areas to stabilize new disturbance as a result of debris removal efforts. Close to 25 Acres of seeding, soil amendments, Hydromulching has been completed to date, `3000 willow stakes have been installed to stabilize riverbanks, and several areas had topsoil added to repair rilling and erosion. Around 20 smaller and 6 larger locations were protected with erosion log, check dams, seeding and mulching, installation of wetland pocket plantings, and willows to comply with PMJM and USACE/ NRCS revegetation requirements post flooding. Installed some Muscle Walls for flood mitigation purposes, repaired some fences, and also revegetated earthen berms. Projects mostly took place around Buckhorn creek and 44H, Pingree Park Road, Lazy D Ranch, Deer Trail, Sheep Creek, and Streamside. Peckham WCR 44 & Hwy 85 Weld County, CO- Jalisco International, INC & CDOT Verdant worked with Jalisco on a Hwy project that is adding new on and off ramps and a roundabout as well as a new overpass. Project includes 30,777 LF erosion log and 26 inlet protections, 66,378 SY of soil retention blanket and 50 acres of seeding and soil conditioning, 6 acres of spray on mulch blanket, and 4.8 acres of bonded fiber matrix. Verdant conducted TECS/ stormwater inspections and did the planting and reclamation once construction was complete. Verdant also provided noxious weed management/ herbicide treatment, and a wildlife biologist for bird surveys. Verdant Environmental LLC 2 St Vrain Izaak Walton Reach 1 Boulder County, CO- City of Longmont, Zak Dirt Verdant Environmental took part in restoring and improving a reach of the St Vrain Creek stream bank in Longmont Colorado as part of a multi -year and multi -phase series of projects the City of Longmont has conducted to restore and revitalize the creek corridor after historical flooding in 2013. We installed 11,500 wetland plugs, installed live willow brush mattress plantings and willow poles, seeded 3 acres, planted 541 plants, 23 trees, installed 8460 square yards of erosion control blanket, and installed 7,986 square feet of Wetland Sod. One year post construction the project has established nicely in the new realignment. CR 44 Roadway and Crossings Improvements - Lorimer County, CO- Larimer County, Flatiron Constructors, Inc Verdant worked with Flatiron Constructors to improve Buckhorn Road in the mountains above Fort Collins, by hydraulically applying 20 acres of seed, mulch, and amendments, and installing 1000s of linear feet of sediment control log. Verdant also constructed Prebble's Meadow Jumping Mouse habitat by installing 1600 willow and cottonwood stakes and revegetation through Forest Service land. Verdant then worked with Flatiron and Larimer County to help mitigate the subsequent scouring and erosion as a result of flooding and very high flows after the Cameron Peak Fire (above- LC on call). Larimer County Landfill/ LCAC Larimer County, CO- Larimer County, Connell Resources Verdant Worked with Larimer County through Connell Resources on their on call contract to conduct installation of sediment log, reinforced silt fence, soil preparation, seeding and mulching, and blanket installation. Verdant helped consult with the county to get the most cost effective and successful stabilization methods for the —15 AC of seeding with a combination of hydromulch, straw - crimping, and erosion control blanket. Slopes with high risks of erosion were protected with 2400 LF of Reinforced Silt Fence. Weld County Road 74/33 Rouadabout- Weld County, CO- Weld County, Lawson Verdant worked initially with Lawson Construction to try and help them get this site back in compliance by assisting with erosion control inspections, maintenance, and BMP installations. Verdant was later contracted by Weld County once Lawson was no longer on the site to assist them in getting the site compliant, 1700 SY seeded and blanketed, and 6 AC temporarily stabilized before WW Clyde was able to come in to complete the work. Big Dry Creek Reach 12 - Arapahoe County, CO- Naranjo Civil Constructors, SEMSWA Verdant worked with Naranjo Civil to install erosion control blanket, wrapped soil lifts, and seed/ crimp the disturbed areas on this streambank restoration project as well as installation of "'6500 wetland plugs, wetland sod, 2" caliper trees, and 5 -gallon shrubs to ensure that the channel remains stabilized for years to come. Sergeants Homestake Mine Sagauche County, CO- Meridiam Partners Verdant helped with reclaiming this remote, abandoned Uranium mine near Sargents by amending, hydroseeding, and Hydromulching 26 Acres. The site consisted of extremely steep slopes that required heavy equipment to track the hydromulcher up the side of the hills to be reclaimed and had many complications due to the very remote and isolated project location. Boston Avenue Bridge Replacement - Boulder County, CO- Zak Dirt & City of Longmont On this (in progress) project, Verdant was contracted to conduct erosion control inspections, streambank plantings and willow stakes, B&B trees, an irrigation system, and all necessary seeding, mulching, and erosion control blanket. Verdant Environmental LLC 3 Sherard Water Treatment Plant Reclamation Cheyenne, WY- Premier Excavation Inc Verdant Worked with PEI to place topsoil, amend and prep the seeding areas, seed and hydromulch/ blanket for a site utilizing composted waste from the on site digestors as well as imported compost. The —2.5 AC site had topsoil added, soils amended, and a combination of hydraulic mulch and erosion control blanket to protect the seed. Verdant worked with the contractor and the project owner to help save costs utilizing the available compost from the on site digestors and local compost sources. Possum Gully Adams County, CO- Duran Excavating Verdant Worked with Duran Excavation on an industrial development project that included initial BMP control measures, inspections, seeding/ mulching and blanket, and did maintenance tractor mowing. Verdant tilled, amended, seeded and mulched 23 acres of upland areas, and installed 20,103 square yards of Koirmat 700 over soil rip rap stabilized slope, 16,721 of square yards of Coco soil retention blanket with heavy trenches and 2x4 wedge stakes. Spring Gulch #2 Phase III Boulder County, CO- DeFalco Construction Verdant is working with DeFalco Construction on a trail construction project that includes initial BMP control measures, inspections and SWMP management, noxious weed surveys and management, irrigation installation, seeding and mulching, planting and landscaping. Verdant has installed the initial BMPs, the majority of the irrigation system, conducted noxious weed surveys and reports, and has amended soil in areas that are to receive seeding. The rest of the work will be completed in Spring of 2024. Second Creek Adams County, CO- Territory Unlimited & Box Elder Verdant Worked with Territory Unlimited on a full stream bank stabilization in a new industrial development, installing 26,650 square yards of koirmat 700 over soil rip rap stabilized slope, 25,440 of square yards of straw/coco soil retention blanket with heavy trenches and 2x4 wedge stakes. 66th 68th and Denali Adams County, CO- Duran Excavating Verdant Worked with Duran Excavation on an industrial development roadway project that included initial BMP control measures, inspections, seeding/ mulching and blanket. Verdant installed 9,000 LF of silt fence, 7,000 LF of sediment control log, seeded and mulched 6 acres of upland areas, and installed 13,257 of square yards of straw-coco soil retention blanket. CDOT Hwy 93; SH 58 to 58th Avenue Golden, CO- APC Construction CO/ Oldcastle SW Group Verdant Worked with APC Construction on a pavement resurfacing and roadway improvement project that included initial BMP control measures, inspections and SWMP management, see ding/ hydraulic mulching, turf reinforcement mat and blanket, wetland plug and willow plantings, and erosion control maintenance/ sediment removal. Verdant applied Biotic Earth Black and seeded approximately 2 AC, and protected the seed with a combination of hydromulch, spray on mulch blanket, and straw-coco erosion control blanket. Lake Bluff Adams County, CO- Duran Excavating Verdant Worked with Duran Excavation on a new development project that included initial BMP control measures, inspections, seeding/ mulching and blanket, and maintenance tractor mowing. Verdant tilled, amended, seeded and straw mulched 18 acres of upland areas, and installed 2,150 square yards of staw-coco erosion blanket, as well as providing post storm sediment removal and BMP maintenance services. Verdant Environmental LLC 4 Fort Morgan Front Range Mitigation Bank Morgan County, CO- Meridiam Partners & Westervelt Ecological Verdant worked with Meridiam Partners to create a new wetland mitigation bank and install all control measures and a stabilized construction entrance, with seeding consisting of 38.74 acres of wetland area and 18.76 acres of upland seeding, all with straw crimp and stream bank stabilization. Silt fence and erosion control log as well as some erosion control blankets were installed on this project. WCR 44/33A Bridge Replacement - Weld County, CO- Mountain Constructors, Weld County/CDOT Verdant worked with Mountain Constructors to ensure SWMP compliance throughout the project duration; conducting inspections and coordinating with Weld County and CDOT to maintain proper documentation and meet the requirements of the permit. Verdant installed various BMPs initially and throughout project (Silt Fence, Sediment Control Log, Construction Fence), and revegetated the roadway shoulders and areas disturbed around the bridge using a combination of hydromulching and erosion control blanket. Aurora Tower Business Center Road Adams County, CO- Territory Unlimited Verdant removed old materials and regraded several hundred feet of an existing damaged access road, then laid geotextile down and spread new rock down for a new access road for maintenance, while also repairing BMP's on site and reseeding to maintain compliance with Aurora. Copperleaf WQ Pond J Arapahoe County, CO- 53 Corp Verdant came in with heavy soil amendments to ensure good growth in a containment pond and planted many wetland plugs in the bottom and several plants around the pond. Install included erosion log and erosion blanket for the seeding with some grading and tilling repairs. St Vrain State Park Bank Stabil'aation- Weld County, CO- Whinnery Construction, CDPW Verdant worked with Whinnery to provide all of the erosion control, revegetation, and SWMP compliance services for this Parks and Wildlife project. Verdant conducted TECS/ stormwater inspections, installed the erosion control BMPs, and did the planting and reclamation once construction was complete. 400 live willow stakes were harvested on site and installed into the soil riprap areas, slopes of river were seeded and hydromulched, and 2 AC were seeded and straw -crimped. Hunt 6 C Pad - Weld County, CO -4X Industrial Verdant assisted 4X instabilizirg the slopes and disturbed areas adjacent to a new horizontal well pad, seeded and mulched 4 AC on site. 3555 Avenue Widening - Weld County, CO- Duran Excavation, City of Greeley Verdant worked with Duran Excavation to install any required erosion control BMPs, conduct seeding and sod, and repair several different private and City of Greeley owned irrigation systems, including mainline, laterals, and sprinklers/ drip. Verdant also filled the medians with the specified squeegee/ topsoil mix and add landscape rock and mulch to the medians and landscaped areas near the roadway. Verdant Environmental LLC 5 Hampden Medians Improvements Denver County, CO- Verdant Environmental, City of Englewood Verdant ran an overnight project on Hampton Rd as prime doing median renovations, tree removal and soil and debris removal then new topsoil placement and all irrigation placement and tie in's also landscape planting and boulder placement on each median, concrete pads for art installation on the ends of the medians. Berthoud Commons Boulder County, CO- Golden Triangle Construction Verdant worked with GTE to provide erosion control and seed/stabilize 8 new commercial lots, while also providing installation of a temporary irrigation system to ensure germination and quick permit closeout. Seeded and mulched, and provided temporary irrigation on 16.5 Acres. 37th and 2 Rivers Weld County, CO- Duran Excavation, City of Greeley Verdant worked with Duran Excavation on the soil amendments and seeding as well as erosion control measures on the roadside ditches on a replacement intersection, Hydro mulch was used in some areas and erosion control blanket with some log and turf reinforcement mat in the heavy flow areas, two rock check dams installed as well as erosion control log checks in flow area. CSU Bus Barn/ Bioswalel Staging Area, CSU Womens Soccer/ Softball EC Lorimer County, CO- Connell & CSU Grade and rip soil for amendments and seed, then Hydro mulch flat laying areas and grade slope for blanket installation. Tractor work on the restoration in the irrigation canal after some touch upon the grading where washed out. Installed a couple thousand feet of filtrexx silt sock CDOT SFTY 2254-091 I-2125 and Parker Road- Denver/Arapahoe Counry, CO- ABCO Construction, CDOT Verdant worked with ADO to provide all of the erosion control, revegetation, and SWMP compliance services for this CDOT project. Over the three phases of construction, Verdant conducted TECS/ stormwater inspections, and also provided maintenance services including sweeping and sediment removal (both labor and equipment items). For the overall project, 3900 LF of SCL, 3 Washouts, 2 VTCs, —2 AC of Seeding End Mulching, and 1200 SY of Blanket were installed. Loveland 2020 Stormwater Channel Improvements- Larimer County, CO- Territory Unlimited, Inc Verdant worked with Territory Unlimited to complete stormwater and drainage improvement at three different areas in Loveland with a focus on restoration by installing 900 linear feet of stacked wrapped soil lifts, 1700 square yards of koirmat over bonded fiber matrix stabilized slope, 1000s of square yards of straw/coco soil retention blanket, and hydraulically applied seed and mulch to 1500 square yards of sloped areas. Weed Control Services for DPG Farms Weld County, CO- DPG Farms Verdant was contracted -to control noxious weeds and undesired vegetation on "500 AC hunting properties to ensure compliance with Weld County as well as increasing habitat for wildlife, while increasing aesthetic appeal of the property to the members of the hunting club. Verdant Environmental LLC 6 NOTICE OF AWARD PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 To: Harry Alles, Verdant Environmental, LLC 22360 WCR 54 Greeley, CO 80631 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 $400,000.00. 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 14th day of March , 2024 Weld CAC° Co rado, Owner By: Lyndsay Holbrook, WQ Permit Coordinator Bond No 7458044 LABOR & MATERIALS PAYMENT BOND PROJECT: EROSION CONTROL AND REVEGETATION FOR 2024 KNOW ALL MEN BY THE PRESENTS; that Verdant Environmental LLC (Name of Contractor) 22360 County Road 54. Greeley. CO 80631 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Old Republic Surety Company (Name of Surety) PO Box 1635. swaukee, wi 53201-1635 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado, P.O. Box 758, 1111 H Street. Greeley. Colorado 80632. hereinafter called Owner, in the penal sum of Four Hundred Thousand and 001100 Dollars ($4m00000 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 14th day of March , 2024, a copy of which is hereto attached and made a part hereof for the construction of: PROJECT: Erosion Control and Revegetation Services for 2024 described in the Invitation for Bids, Bid No. B2400044. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations fumishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2400044 Page 43 LABOR & MATERIALS PAYMENT BOND IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 25th Verdant Environmental LLC day of March Contra (Contractor) S€r (SEAL) Witness as to o ractor 22 34O CA? 2,1 szr (Address) ritr!233 (Address) ATTEST: (Surety) Secr (SEAL) lit Wi ss a Surety 1276 South Robert St. (Address) West Saint Paul, MN 55118 , 2024. By 6 Alt / 22360 County Road 54 (Address) Greeley, CO 80631 (Address) By Brittney Martinez Old Republic Surety Company By Att rney-in-Fact troy Stapres PO Box 1635 (Address) Milwaukee, WI 53201-1635 (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #82400044 Page 44 Bond No 7458044 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 KNOW ALL MEN BY THE PRESENTS; that Verdant Environmental LLC (Name of Contractor) 22380 County Road 54. Greeley, CO 80631 (Address of Contractor) Corporation hereinafter called Contractor, and a (Corporation, Partnership, or Individual) Old Republic Surety Company (Name of Surety) PO Box 1635 Milwaukee, wl 53201-1635 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County. Colorado. P.O. Box 758. 1111 H Street. Greeley. Colorado 80632, hereinafter called Owner, in the penal sum of Four Hundred Thousand and 00/100 Dollars. ($ 400.000.00 ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a certain Contract with the Owner, dated the 145 day of March , 2024, a copy of which is hereto attached and reade a part hereof for the construction of: PROJECT Erosion Control and Revegetation Services for 2024 described in the Invitation for Bids, Bid No. 82400044 NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and dulling the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. BID NO #B2400044 Page 41 PERFORMANCE BOND PROJECT: EROSION CONTROL AND REVEGETATION SERVICES FOR 2024 IN WITNESS WHEREOF. this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this 25th day of March 2024. Verdant Environmental LLC Contrac (Contractor) S retaryry (SEAL) Witness as to Contractor Z Z 36O e&i.e.efsY (Address) eo 2643j (Address) (Address) By r y 22360 County Road 54 (Address) Greeley, CO 80631 ATTEST: (Surety) Se (SEAL) re f� f w ss a Surety 1276 South Robert St. (Address) West Saint Paul, MN 55118 By Brittney Martinez Old Republic Surety Company By At of rney-in-Fact stop,. PO Box 1635 (Address) Milwaukee, WI 53201-1635 (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. BID NO #B2400044 Page 42 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE:25;7,4 3/25/2024 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 John Klaassen Insurance Agency, Inc. DBA Lightship Insurance 677 N Grant St ine.' NAME: (A/c No, Ext): (303) 292-9995 I (aC, NO E-MAIL service service@lightshipinsurance.com ADDRESS: L g P insurance.com INSURER(S) AFFORDING COVERAGE NAIL # Denver CO 80203 INSURER A : GUIDEONE NAIL INS CO 14167 INSURED INSURER B: ARTISAN & TRUCKERS CAS CO 10194 Verdant Environmental LLC INSURER C: PINNACOL ASSURANCE 41190 22360 Co Rd 54 INSURER D : AUTO OWNERS INS CO 18988 INSURER E : Greeley CO 80631-9764 INSURER F : COVERAGES CERTIFICATE NUMBER: 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 NSURANCE 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. INSR LTR TYPE OF INSURANCE AUUL,UIiK NS. VWD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY tXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y ENV562008278-01 01/16/2024 01/16/2025 EACH OCCURRENCE $ 1,000,000 PREM SES (Ea Deco once) 1 10,000 MED EXP (Any one person) $ 100,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: POLICY X JECT O LOC X OTHER: Pollution Liability PRODUCTS - COMP/OP AGG $ 2,000,000 Pollution Liab OCC/AGC I IM/2M B AUTOMOBILE LIABILITY _ ANY AUTO - OWNED _ AUTOS ONLY XHIRED AUTOS ONLY y SCHEDULED I► AUTOS NON -OWNED X AUTOS ONLY 02947013 11/25/2023 11/25/2024 t:UMHINtU a acident)SINGLE LIMI f $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ HROPERtY DAMAGE (Per accident) $ $ A X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE ENV56200242200 01/16/2024 0)/16/2025 EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDE "UTIVE YE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4221458 02/01/2024 02/01/2025 X I STATUTE 1 I a H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D INMRC 74678789 08/20/2023 08/20/2024 CEQ05 CEQ06 Rented Equip Limit/Ded 92,571 74,108 100,000/1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Erosion Control and Revegetation Services for 2024. Weld County, Colorado, its elected officials, and its employees are included as an additional insured with respect to general liability. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Public Works AUTHORIZED REPRESENTATIVE 1111 H Street l Greeley CO 8063, Jol.,, Klaa+4 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID* VERDANT ENVIRONMENTAL LLC @00047762 Q New Entity? Contract Name* Contract ID Parent Contract ID EROSION CONTROL AND REVEGETATION SERVICES 7991 Contract Status Contract Lead * Requires Board Approval CTB REVIEW LHOLBROOK YES Contract Lead Email Department Project # lholbrook@weldgov.com Contract Description EROSION CONTROL AND REVEGETATION SERVICES FOR PUBLIC WORKS CONSTRUCTION SITES AND GRAVEL PITS. Contract Description 2 Contract Type * CONTRACT Amount* $400,000.00 Renewable * YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 04/04/2024 04/08/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date 02/01/2025 Renewal Date 04/08/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 04/04/2024 Approval Process Department Head .CURTIS HALL DH Approved Date 04/04/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/10/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 04/04/2024 04/04/2024 Tyler Ref # AG 041024 Originator LHOLBROOK Hello