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Home My WebLink About20223371.tiffPUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY, CO 80632 970-304-6496, ext.3706 September 19, 2023 Lawson Construction P.O. Box 1318 Longmont, CO 80502 RE: WCR 33/74 ROUNDABOUT — SPEED MEMO #66 — STOP ALL WORK ORDER According to the terms and requirements of the Contract Documents, more specifically being Section 105.01 of the Specifications, Lawson Construction is hereby notified to cease all work associated with the construction project, as of 5:00 PM today. cviLa.0 \La Michael Bedell, P.E. Senior Engineer CoMMun : CO.VionS 1O/16/23 2022-33-1 EG-,DMD PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 9/19/2023 Lawson Construction Company Attn: Kenneth T. Lawson, President Attn: Charles L. Lawson, Vice President lloyd a(�lawsonconstruction.com 1831 Boston Avenue#100 P.O. Box 1318 Longmont, CO 80502 September 19, 2023 RE: Written Notice of Termination of Agreement for Construction Services Between Weld County & Lawson Construction Company for the WCR 74/33 Roundabout Project Via Email and by Direct Delivery Dear Sirs: Weld County is providing formal written notice that the Agreement for Construction Services Between Weld County & Lawson Construction Company for the WCR 74/33 Roundabout Project, executed on January 11, 2023 ("the Agreement"), is hereby immediately terminated due to material breaches of the Agreement by Lawson Construction Company ("Lawson"), pursuant to provisions of Paragraph 4 thereof. The material breaches by Lawson include, but are not limited, the following: 1. The entire project was to have been completed within 250 calendar days from the Notice to Proceed date of January 16, 2023, unless otherwise extended by Weld County. As of 9/19/23, the time count is 250 calendar days plus 10 days granted for additional approved work, meaning the time for completion is 260 days. Today is 241 calendar days consumed out of 260, leaving 19 days from 9/19/23 remaining to complete this project, meaning the scheduled completion date is October 8, 2023. The project is currently at approximately 50% completion. Therefore, it is not now possible to complete the remaining project in 19 days. Weld County has not provided for extensions of time to complete this project and does not intend to do so. 2. Full closure of all four legs of the intersection was limited to the period from April 17, 2023, to August 14, 2023 (120 calendar days). It is now September 19, 2023, and the project is well beyond those dates with the intersection remaining closed. Liquidated damages for the closed intersection are currently being assessed at the rate of $7,800/day past the due date, which Weld County believes will not be paid (see Revision section 108.9 of contract documents). There is nothing to note delays in the entire project were due to unforeseeable causes or without fault or negligence of Lawson (See Revision of Section 107.17 in contract documents.) As noted above, Weld County has not granted extensions of time to complete this project beyond October 8, 2023, and does not intend to do so. . Payments to subcontractors have not been promptly made within 7 calendar days after receiving payment for that work from Weld County. The most recent progress check payment from Weld County was cashed by Lawson on August 23, 2023. Payments to subcontractors were to have been made by August 30, 2023, which is now 20 days past that deadline. The subcontractors have been looking to Weld County for relief. Weld County has reached out to Lawson without avail or response. (See Revision of section 109 Prompt Payment - in contract documents). 4. Weld County's Senior Engineer on this project has written 22 Speed Memos and Corrective Action Reports specifically associated with contract non-conformance issues since construction started in mid -January 2023. Weld County can no longer accept continual performance failures, which in turn cause significant delays in project completion and additional expenses. Weld County is mitigating its losses resulting from these breaches. Weld County now demands that Lawson immediately cease construction operations at the site, immediately pay all subcontractors for labor and materials they have provided to date, and remove all Lawson Construction equipment, materials, and personnel from the site. Additionally, pursuant to Paragraph 9 of our contract Agreement, Weld County requires all reports, data, plans, drawings, records, and computer files generated by Lawson 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, to be immediately returned to Weld County as they are the property of Weld County. (See Paragraph 9 of our contract Agreement) Be advised that the issuance of this notice and demand from Weld County does not constitute a waiver of any other rights, remedies, or legal recourse available to Weld County, pursuant to the terms of the Agreement and/or otherwise under Colorado law. Curtis Hall, Director, Weld County Public Works Esther Gesick From: Sent: To: Cc: Subject: Attachments: Mike Bedell Wednesday, September 27, 2023 11:47 AM Elizabeth Relford; Byron Howell; Don Dunker; Curtis Hall Esther Gesick; Cheryl Hoffman; Bruce Barker RE: Termination Letter Stop Work Order and Notice of Termination of Agreement No I do not. I have the attached e-mail that was received by everyone addressed in the e-mail. Rodney Schneider hand - delivered the documents attached to the e-mail to the Lawson office in Longmont the afternoon of 9/19/23 but I don't have any signature of receipt of documents. From: Elizabeth Relford <erelford@weld.gov> Sent: Wednesday, September 27, 2023 11:40 AM To: Mike Bedell <mbedell@weld.gov>; Byron Howell <bhowell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: RE: Termination Letter Thanks Mike. Do you have record they signed for it on direct delivery too? Elizabeth From: Mike Bedell <mbedell@weld.gov> Sent: Wednesday, September 27, 2023 11:29 AM To: Elizabeth Relford <erelford@weld.gov>; Byron Howell <bhowell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: RE: Termination Letter See attached. From: Elizabeth Relford <erelford@weld.gov> Sent: Wednesday, September 27, 2023 11:26 AM To: Byron Howell <bhowell@weld.gov>; Mike Bedell <mbedell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: Termination Letter In order to have a paper trail for the justification in the resolution for returning the grant, I need to reference the termination letter that was discussed at yesterday's work session. Can someone please email a copy of it to me so we can get it in the communications record for Tyler? I would appreciate it. Thanks, Elizabeth Relford Deputy Director/CDBG Program Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelfordloweld.gov Office: (970) 400- 3748 Cell: (970) 673-5836 Web: https://www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Mike Bedell Tuesday, September 19, 2023 2:56 PM ken@lawsonconstruction.com; lloyd@lawsonconstruction.com; mark.m@lawsonconstruction.com; matt@lawsonconstruction.com Don Dunker; Curtis Hall; Ryan Axtman; Taylor Holmes; Rodney Schneider; Byron Howell; Bruce Barker; Karin McDougal; Reeves - CDOT, Bryce; Kyle Ralston - CDOT; michael.keen@state.co.us Stop Work Order and Notice of Termination of Agreement Lawson Contract Termination 9-19-23.pdf; Lawson Speed Memo #66 - Stop All Work Order.pdf Importance: High Please review the attached documents. Hard copies of the attached documents will be hand -delivered to your office at 1831 Boston Avenue, #100. Direct inquiries regarding the attached documents shall be made through the Weld County Public Works Director (Curtis Hall), or through the Weld County Attorney Office (Bruce Barker or Byron Howell). The Public Works Department anticipates that Lawson Construction will complete demobilization from the jobsite prior to October 1, 2023. MERCHANTS' BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX EMAIL: sgates@merchantsbonding.com July 21, 2023 Weld County, Colorado ore 1111HSt. PO Box 14498 Greeley CO 80632 Re: NCO 4157 Lawson Construction Company Longmont CO $9,210,800.80 The above referenced bond was issued on January 19, 2023 covering: WCR 74/33 roundabout Project, Bid No. B22000139 This is a routine request to help ensure that the project being performed by: Lawson Construction Company is being completed in a satisfactory manner. The easiest way to respond is online at https://progress.merchantsbondiog.couningrrkb Or you can complete the form below and email mail or fax it to the address above — or call us and we will take your information over the phone. Thank you for your assistance. Underwriter Name Andi Black Title Contract Underwriter If the protect Is complete: Acceptance Date: ; Final Contract Price (including retention): $ If the project is not complete: Estimated Completion Date: Mt%4 Approximate percentage complete: 'AO % Dollar Amount Paid to Date: $ Z11'lat t515 • Total Dollar Amount of All Change Orders: $ • Are you aware of claims for unpaid labor or material? ❑ Yes $No If yes, please explain • Has work progressed satisfactorily? ❑ Yes No If no, please explain: 4.1OT 'S TEM.vtie, "Sc-tACIekt)t...6. 194 b (& F 3 tv a t % s • Additional comments: Completed by: Ntaiti acD(T • .. Date: 2 \ 0 Check here if you prefer we contact you (or someone else) by another method other than mail: Email — Please provide email address: )I Phone — Please provide phone number including area code: c'1O -•3O1 en 5O Fax — Please provide fax number including area code: Merchants Bonding Company (Mutual) and Merchants National Bonding, Inc. hereby releases the person supplying the information contained on this form from any and all liability whatsoever which might in any way result from the accuracy or inaccuracy of the information requested and supplied on this form. CON 0684 (2/15) CanlvOCk lDitWO? AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & LAWSON CONSTRUCTION COMPANY WCR 74/33 ROUNDABOUT PROJECT THIS AGREEMENT is made and entered into this eday of 3A.vuta/, 2023, by and between the Board of Weld County Commissioners, on behalf of the Department of Public W s, hereinafter referred to as "County," and Lawson Construction Company, hereinafter referred to as "Contractor'. WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200139. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence, and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts eor,serrendD- Ql/Uf23 Z0ZZ-33-(1 E. -C 0n0 contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or 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 there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $9,210,800.80, as set forth in Exhibits. No payment more than that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted• by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C. R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County because of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contractor. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement 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 such materials are in completed form, shall always be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., about 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. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's written final acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County copies of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits 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 per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) The Work includes Construction Surveying and/or Survey Monumentation. (2) Plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Licensed Professional Engineer or Licensed Surveyor. The policy shall cover professional misconduct or lack of ordinary skill for those positions utilized in the Work. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or during operations under this Agreement resulting from professional services. In the event that the professional liability insurance required by this Agreement is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall preceded the effective date of this Agreement; and that either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time Work under this Agreement, is completed. Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated, or associate entities, the General Contractor, subcontractors, and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with all loss resulting from flood events during construction. (5) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims - made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Colorado Department of Transportation and Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Certification of Compliance with Insurance Requirements. 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 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. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for 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. 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. 15. 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. 16. 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. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Lawson Construction Company Name: Charles L. Lawson Position: Vice President Address: P.O. Box 1318, Longmont, CO 80502 E-mail: Iloyd@lawsonconstruction.com Phone: 303-444-8680 County: Weld County Public Works Department Name: Michael Bedell, P.E. Position: Senior Engineer Address: P.O. Box 758, Greeley, CO 80632-758 E-mail: mbedell@weldgov.com Phone: 970-301-0780 19. 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. 20. Non -Exclusive Agreement. This Agreement is non-exclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. 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. 28. 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. 29. 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. 30. 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 Agreement. 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 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 this Agreement 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 during 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 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. 31. 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. 32. 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. 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. SIGNATURE PAGE CONTRACTOR: Lawson Construction Company By: iYnumc !"7t- 4 o .1 dk/ Name: Title: Pil ems/ WELD COUNTY: ATTEST: datn, Weld C•. ty Clerk to the B• -rd DategSignature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JAN 1 1 2023 2z - 337/ WCR 74/33 ROUNDABOUT PROJECT KNOW ALL MEN BY THE PRESENTS; that Lawson Construction Company, Inc. P.O. Box 1318, Longmont, CO 80502 PERFORMANCE BOND (PAGE 1 OF 2) (Name of Contractor) Bond No. NCO 4157 Address of Contractor) (Corporation,r#irership;-er-tedivideel) Merchants National Bonding, Inc. , hereinafter called Contractor, and a (Name of Surety) P.O. Box 14498, Des Moines, IA 50306 (Address of Surety) hereinafter called surety, are held, and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Nine Million Two Hundred Ten hereinafter called Owner, in the penal sum of Thousand Eight Hundred and 80/100 Dollars, ($ 9,210,800.80 ). 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 a certain Contract with the Owner, dated the day of 2022, a copy of which is hereto attached and made a part hereof for the construction of; WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B22000139. 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. 44 PERFORMANCE BOND (PAGE 2 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Lawson Construction Company, Inc. Contractor t>v 77 r�SO/r (Contractor) Secrp+�, /*- / (SEAL) P.O. Box 1318 Longmont, CO 80502 (Address) (Address) ATTEST: Merchants National Bonding, Inc. (Surety) Secretary (SEAL) Philip J. Monasch Attorney -in -Fact P.O. Box 14498 (Address) Des Moines, IA 50306 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. 45 Bond No, NCO 4157 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) WCR 74/33 ROUNDABOUT PROJECT KNOW ALL MEN BY THE PRESENTS; that Lawson Construction Company, Inc. P.O. Box 1318, Longmont, CO 80502 (Name of Contractor) (Address of Contractor) and a (Corporation, Rartnership' oNndividaat) Merchants National Bonding, Inc. , hereinafter called Contractor, (Name of Surety) P.O. Box 14498, Des Moines, IA 50306 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) Nine Million Two Hundred Ten hereinafter called Owner, in the penal sum of Thousand Eight Hundred and eo/100 Dollars ($ 9,210.800.80 ), 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 a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of; WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. 82200139. 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. 46 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Lawson Construction Company, Inc. (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) ATTEST: Merchants National Bonding, Inc. (Surety) Secretary (SEAL) WitnedS"as fo Surety 6501 5. Fiddlers Green Circle, Suite 100 Greenwood Village, CO 80111 (Address) By Contractor P.O. Box 1318 (Address) Longmont, CO 80502 Attorne -in-Fact P.O. B7614: 8, Des Moines, IA 50306 (Adress) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall 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. 47 FHWA-1273 -- Revised July 5, 2022 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I I. III. IV. V. VI. VII. VIII. IX. X. XI. XII. General Nondiscrimination Non -segregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act 011973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment arid in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Offices: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non - responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained fora period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 3 (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5)a))4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and 4 (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract fora class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved fora period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a oblation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment adios pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training place approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990). 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. Vt. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be induded in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30 -percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance 8 with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant 9 who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debased, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. • 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Fist Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. ay signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debased," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 - 180.1020, and 1200. You may contact the person to which this proposal is 10 submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debased, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debased, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired fora specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR -620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 12 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 13 WELD COUNTY BID REQUEST NO. B2200139 CDOT PROJECT NO. STU-0030-078 WELD COUNTY DEPARTMENT OF PUBLIC WORKS CONTRACT BID DOCUMENTS AND SPECIFICATIONS FOR WCR 74/33 ROUNDABOUT PROJECT November 2022 Weld County Public Works Division of Engineering P.O. Box 758 1111 H Street Greeley, Colorado 80632 970-304-6496 TABLE OF CONTENTS The following forms and provisions take precedence over plan drawings and supplement the 2022 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. Request for Bid 3 Instructions to Bidders 4 Bid Proposal 12 *Bid Schedule 14 *Bid Bond 22 *IRS Form W-9 23 *Title 49, CFR, Part 29 Debarment and Suspension Certification 24 *Certification of Compliance with Equal Opportunity Clause Requirements 25 *Anti -Collusion Affidavit (CDOT Form #606) 26 *Bidders List (CDOT Form #1413) 27 *Anticipated DBE Participation Plan (CDOT Form #1414) 28 CDOT REQUIRED CONTRACT FORMS: **Low Bidder must submit these forms by 4:30 PM the day following the bid opening. **Contractor's Performance Capability Statement (CDOT Form #605) 29 **Assignment of Antitrust Claims (CDOT Form #621) 30 **DBE Commitment Confirmation (CDOT Form #1415) 31 **DBE Good Faith Effort Documentation (CDOT Form #1416) 33 WELD COUNTY CONTRACT FORMS: ***Low Bidder must submit these forms prior to Contract Award. ***Notice of Award 35 ***Agreement 36 ***Performance Bond 44 ***Labor and Materials Payment Bond 46 Notice to Proceed 48 Change Order 49 Certificate of Substantial Completion 50 Lien Waiver (General Contractor) 51 Lien Waiver (Subcontractors) 52 Notice of Final Acceptance 53 WELD COUNTY SPECIAL PROVISIONS: Project Special Provisions Index PSP1 Project Special Provisions PSP2 - PSP129 CDOT SPECIAL PROVISIONS: Standard Special Provisions Index SSP1 Standard Special Provisions 73 Pages ADDITIONAL DOCUMENTS: 11x17 Construction Plans Set Separate Document 2 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 ADVERTISEMENT DATES: NOVEMBER 11 and 18, 2022 MANDATORY PRE -BID CONFERENCE DATE: NOVEMBER 29, 2022 @ 10:00 A.M. BID OPENING DATE: DECEMBER 2, 2022 @ 10:00 A.M. ANTICIPATED BID AWARD DATE: DECEMBER 21, 2022 ANTICIPATED NOTICE TO PROCEED DATE: JANUARY 9, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: WCR74/33 ROUNDABOUT PROJECT The project in general consists of construction of a roundabout intersection and all associated items to replace an existing intersection located approximately one (1) mile west of the Town of Eaton. A mandatory pre -bid conference call will be held at 10:00 A.M., on Tuesday, November 29, 2022, at the Weld County Public Works Building, located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received until: 10:00 A.M. on Friday, December 2, 2022 (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 2n° at 10:30 A.M. 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 Administration Building, Fort Saint Vrain Meeting Room, 1150 O Street, Greeley, Colorado. PHONE NUMBER: (720) 439-5261 PHONE CONFERENCE ID#: 148160297 PAGES 1-13 OF THE REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES 1-13 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 13. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include 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. Bid information 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. E -mailed bids are required. Bids may be e -mailed to: bids c@weldgov.com. E -mailed bids must include the following statement on the e-mail: "I hereby waive my right to a sealed bid". An e-mail confirmation will be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25MB in size. Please call Purchasing Department at 970-400-4223 or 970-400-4222 if there are any questions. 3 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the 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. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction (Specifications), Section 101 and the Weld County Revisions to Section 101 of the Specifications. 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. 4 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 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 their 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 Contractors shall submit a list of all Subcontractors he/she expects to use in the Work with the Bid. 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 Contractors shall submit with their Bid a list of the suppliers as indicated in the Bid Forms, or as requested by the Project Engineer. 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 Colorado Department of Transportation and Weld County, its elected officials, and its employees as additionally insured. 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. In submitting the bid, the Contractor 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), the successful Contractor'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 bid. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Contractor 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 Contractor shall deliver the Bonds to the Owner within ten (10) days of the Notice of Award. 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. 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 shall 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. 5 Cash Allowances: The Contractor shall include in his/her Bid such sums as he/she 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 Contractor shall by careful examination, satisfy himself/herself 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 Contractor shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Contractor shall carefully review the locations of the site where the work is to be performed. The Contractor 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 Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. 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 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 this Agreement 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 during 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 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. 6 9. GENERAL PROVISIONS A. 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. B. Confidential Information: Confidential information of Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. 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 (including unemployment insurance or workers' compensation benefits) from County because of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. E. 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. F. 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. G. No Third -Party Beneficiary Enforcement: 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. H. 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. 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. Service or Work: Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 7 K. Term: The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term 'herein. L. Termination; Breach; Cure: County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. M. 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. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. N. Subcontractors: Contractor acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 8 O. Warranty: Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. P. 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. 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. 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. Compliance with 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. V. 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. 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: Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: 9 Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits 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 per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated, or associate entities, the General Contractor, subcontractors, and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with all loss resulting from flood events during construction. (5) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims - made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance 10 naming Colorado Department of Transportation and Weld County, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all 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. 11 BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Colorado 80632 Bid Proposal for: WCR 74/33 ROUNDABOUT PROJECT PROPOSAL 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 39-26-114, 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, to fully appraise himself 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 his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Provisions Conditions after the issuance of the Notice to Proceed. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, the Bidder 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 to complete the Work as specified regardless of the amount of the Bid. 12 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. For any discrepancy between words and figures, the words will control. All mathematics will be checked, and the correct total used for determining the low bidder. 13 BID SCHEDULE Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 106-00001 Process Control Testing DAY 180 201-00000 Clearing and Grubbing LS 1 202-00001 Removal of Concrete Structure EACH 3 202-00010 Removal of Tree (All Sizes) EACH 3 202-00026 Removal of Slope and Ditch Concrete Lining SY 697 202-00035 Removal of Pipe LF 3,359 202-00220 Removal of Asphalt Mat SY 13,355 202-00810 Removal of Ground Sign EACH 13 202-01000 Removal of Fence LF 67 203-00010 Unclassified Excavation (CIP) CY 9,369 203-00050 Unsuitable Material (Contingency) CY 2,000 203-00060 Embankment Material (CIP) CY 9,242 203-01100 Proof Rolling HOUR 60 203-01597 Utility Potholing HOUR 40 203-01622 Sweeping (with Pick -Up Broom) HOUR 40 206-00065 Structure Backfill (Flow -Fill) (1,000 psi County Mix) CY 80 207-00205 Topsoil (Spread) CY 4,113 207-00210 Topsoil (Stockpile) CY 7,273 208-00002 Erosion Log Type 1 (12 Inch) LF 420 14 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 208-00020 Silt Fence LF 981 208-00035 Aggregate Bag LF 240 208-00045 Concrete Washout Structure EACH 1 208-00070 Vehicle Tracking Pad EACH 1 208-00103 Removal and Disposal of Sediment (Labor) HOUR 40 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 40 208-00207 Erosion Control Management DAY 180 208-00300 Temporary Berms LF 6,547 212-00006 Seeding (Hand -Raked) ACRE 1.0 212-00706 Seeding (Drilled) ACRE 11.6 212-00702 Biotic Soil Amendments (Hydraulic) (4,500 lbs. per acre) LB 56,548 213-00002 Mulching (Weed -Free Hay) (with Tackifier) ACRE 11.6 213-00011 Mulching (Hydraulic) ACRE 1.0 216-00022 Soil Retention Blanket (Class 2) SY 6,007 216-00303 Turf Reinforcement Mat (Class 3) SY 50 304-06000 Aggregate Base Course (Class 6) TON 19,051 306-01001 Subgrade Reconditioning (Special) (2 Feet Depth) CY 24,765 403-33841 Hot Mix Asphalt (Grading S) (100) (PG64-22) TON 1,245.4 403-34851 Hot Mix Asphalt (Grading SX) (100) (PG64-28) TON 421 403-40000 HMA Safety Edge LF 1,207.8 15 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 412-00801 Concrete Pavement (8 inch thick) (Special) (Omaha Tan) SY 2,479.5 412-00900 Concrete Pavement (9 inch thick) SY 30,878.2 412-00901 Concrete Pavement (9 inch thick) (Davis Red) SY 603.2 412-02000 Concrete Pavement Safety Edge LF 1,594.1 420-00132 Geotextile (Separator) (Class 1) SY 2,000 420-00520 Geogrid Reinforcement SY 42,518 506-00209 Riprap (9 inch) CY 152 506-00212 Riprap (12 inch) CY 15 507-00552 Concrete Lined Irrigation Ditch (NW Quadrant) LF 15 507-00553 Concrete Trickle Pan LF 1,029 601-03000 Concrete Class D CY 54.9 602-00000 Reinforcing Steel LB 2,675 603-01155 15 Inch Reinforced Concrete Pipe (CIP) LF 465 603-01185 18 Inch Reinforced Concrete Pipe (CIP) LF 1,059 603-01241 24 Inch Reinforced Concrete Pipe Bend EACH 1 603-01245 24 Inch Reinforced Concrete Pipe (CIP) LF 448 603-01247 24 Inch Marmac Pipe Coupler Connection (or approved equal) EACH 1 603-02241 30 x 19 Inch Elliptical Reinforced Concrete Pipe Bend EACH 1 603-02245 30 x 19 Inch Elliptical Reinforced Concrete Pipe (CIP) LF 626 603-05018 18 Inch Reinforced Concrete Pipe Flared End Section EACH 9 16 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 603-05024 24 Inch Reinforced Concrete Pipe Flared End Section EACH 2 603-05124 30 x 19 Inch Elliptical Reinforced Concrete Pipe Flared End Section EACH 2 603-50012 12 Inch Plastic Pipe LF 192 603-50015 15 Inch Plastic Pipe LF 1,223 603-50018 18 Inch Plastic Pipe LF 20 603-50024 24 Inch Plastic Pipe LF 20 603-50912 12 Inch Plastic Pipe Bend EACH 4 603-50915 15 Inch Plastic Pipe Bend EACH 5 603-82012 12 Inch Ductile Iron Pipe LF 2.2 603-82018 18 Inch Ductile Iron Pipe LF 17 604-00305 Inlet Type C (5 Foot) EACH 2 604-00505 Inlet Type D (5 Foot) EACH 2 604-14006 Inlet (Special) (Single) (5 Foot) EACH 2 604-14011 Inlet (Special) (Double) (5 Foot) EACH 4 604-30005 Manhole Slab Base (4 Feet Diameter) (5 Feet Deep) EACH 1 604-30010 Manhole Slab Base (5 Feet Diameter) (5 Feet Deep) EACH 1 604-50150 Irrigation Structure Grate (Special) EACH 3 609-20010 Curb Type 2 (Section B) LF 314.2 609-20011 Curb Type 2 (Section M) LF 402.1 609-21010 Curb and Gutter Type 2 (Section I -B) LF 2,217.9 17 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 609-21020 Curb and Gutter Type 2 (Section II -B) LF 6,134.8 612-00041 Delineator (Type I) (Drivable) EACH 13 612-00042 Delineator (Type II) (Drivable) EACH 20 614-00011 Sign Panel (Class I) SF 115 614-00012 Sign Panel (Class II) SF 220 614-00216 Steel Signpost (2 x 2 Inch Tubing) LF 597 615-00200 Steel Flow Restrictor Plate (CIP) EACH 4 615-00201 Steel Water Quality Plate (CIP) EACH 4 615-10041 4 Inch Steel Vent Pipe Riser Assembly EACH 2 605-00081 8 Inch Perforated Pipe Underdrain (Special) LF 20 605-01050 Irrigation NE Structure Pipe Riser Configuration (Special) EACH 1 615-75065 8 Inch Slide Gate EACH 1 615-75090 12 Inch Gate Valve EACH 1 615-75091 12 Inch Slide Gate EACH 1 615-75105 15 Inch Gate Valve EACH 1 615-75121 18 Inch Slide Gate EACH 2 620-00002 Field Office (Class 2) EACH 1 620-00020 Sanitary Facility EACH 2 625-00000 Construction Surveying LS 1 626-00000 Mobilization LS 1 18 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 627-00005 Epoxy Pavement Marking GAL 138 627-30405 Preformed Thermoplastic Pavement Marking (Word -Symbol) SF 900 629-01031 Survey Monument (Type 3A) EACH 1 630-00000 Flagging HOUR 500 630-00002 Traffic Control Supervisor DAY 50 630-00007 Traffic Control Inspection DAY 200 630-80336 Barricade (Type 3 M -B) (Temporary) EACH 16 630-80341 Construction Traffic Sign (Panel Size A) EACH 28 630-80342 Construction Traffic Sign (Panel Size B) EACH 8 630-80359 Portable Variable Message Sign Panel DAY 456 630-80370 Concrete Barrier (Temporary) LF 150 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS AND AMOUNTS IN THE TOTAL BID AMOUNT. 700-70010 F/A Minor Contract Revisions F/A 1 $500,000.00 $500,000.00 700-70380 F/A Erosion Control F/A 1 $25,000.00 $25,000.00 700-70016 F/A Fuel Cost Adjustments F/A 1 $25,000.00 $25,000.00 700-70019 F/A Asphalt Cement Cost Adjustment F/A 1 $25,000.00 $25,000.00 700-70023 F/A On -The -Job -Training (OJT) HOUR 1,600 $10.00 $16,000.00 TOTAL BID AMOUNT ($) TOTAL BID (WRITTEN WORDS): 19 ACCEPTANCE OF FUEL AND/OR ASPHALT CEMENT COST ADJUSTMENTS: Bidders have the option to accept Fuel and/or Asphalt Cement Cost Adjustments in accordance with CDOT Section 109 for Fuel and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the bidder must fill in an "X" next to the "YES" below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder has answered "NO". After the bids are submitted, bidders will not be given any other opportunity to accept or reject the Fuel and/or Asphalt Cement Cost adjustments. YES, I choose to accept Fuel Cost Adjustments for this project. NO, I choose NOT to accept Fuel Cost Adjustments for this project. YES, I choose to accept Asphalt Cement Cost Adjustments for this project. NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project. NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance (QA) and Independent Assurance (IA) Testing. • Construction Inspection 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: Addendum No. Date: By: Addendum No. Date: By: Addendum No. Date: By: 20 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the bid documents for Bid Request No. #B2200139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. Weld County is exempt from Colorado sales tax (exemption #98-03551-0000). 3. He or she is authorized to bind the below -named bidder for the amount shown on the completed Bid Schedule. 4. The signed bid submitted, all documents of the Request for Bids contained herein, 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. COMPANY BY (Please print) MAILING ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE # TAX ID # SIGNATURE E-MAIL ALL BIDDERS SHALL PROVIDE AN IRS FORM W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED. 21 BID BOND WCR 74/33 ROUNDABOUT PROJECT KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, a [corporation, partnership, or individual] duly authorized by law to do business in the State of Colorado, and [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee 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. WHEREAS, the Principal has submitted a Proposal dated , 2022 for the WCR 74/33 ROUNDABOUT PROJECT, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. WHEREAS, the Owner has required as a condition for receiving said Proposal that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in lieu thereof furnish a Proposal 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. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Weld County. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of ,2022 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. Principal: Signature: Title: ATTEST: By: Surety Signature: Title: ATTEST: By: 22 Form W-9 (Rev. August 2013) Depatmantof the Treasury Intemal Revenue Service Request for Taxpayer Identification Number and Certification Give Fonn to the requester. Do not send to the IFtS. N rn uo 8, p o 7 c � a 0e rl� • Name (as shown on your income tax return) Easiness name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Individual/sole p,,ietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, Partnership) I. ❑ Other (see instructions) I. Exemptions Exempt payee (see instructions, code (if any) from FATCA reporting Address (number, street, and apt. o suite no.) Requester's name and address (optimal)O City, state, and ZIP code List account number(s) here (optima° 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 withholding. For individuals, this is your social security number (SSN). However, for e 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 e TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. I1 - Employer identification number arm 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. let not subject to backup withhdding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to repot 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 1 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 repot 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. ZSign Signature of . US. person► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov fa information about Form W-9, at www irs.goe/w9. Information about any fuhrre developments affecting Fxem 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 intimation return with the IRS must obtain yarn coned taxpayer idanfrhcatian number (lint to report, r example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition a abandormment of secured property, cancellation of debt, i contritwtiors you made to an IRA. Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (i you are waiting fora number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certityirg that as a U.S. parson, your allocable share of any partnership insane from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA codas) entered on this form (if any) indicating i't you are exempt from the FATCA reporting, is correct. Note. If you area U.S. person and a requester gives your a form other than Form Vs, to request your TIN, you must use the requester's form if it is substantially similar to this Fam W9. Definition of a US. person. For federal tax purposes, you are considered a U.S. person if you era: • An individual who s a U.S. citizen a U.S. resident alien, • A partnership, rrporation, conpany, w association created 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 lhat conduct a trade or business in the United States are genera Hy required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a 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, f you are a U.S. person that is a partner in a partnership conducting a trade a business in the United States, pro/ a Form W-9 to the )1'.ship to establish yarn U.S. status and avoid section 1446 withhdding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) 23 TITLE 49, CFR, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION (To be signed by authorized signatory of Bidder) The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past 3 years. Does not have a proposed debarment pending. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. Has not within the past 3 years had one or more public transactions (federal, state, or local) terminated for cause or default. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of Award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. Date: Signature Title 24 CERTIFICATION OF COMPLIANCE WITH EQUAL OPPORTUNITY CLAUSE REQUIREMENTS (To be signed by authorized signatory of Bidder) The Bidder certifies that (1) (it/he/she] has has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) [it/he/she] has has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, (it/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: , 2022 Bidder Name: Signature: Title: Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b))1)) and must be submitted by Bidders only in connection with contracts which are subject to the equal opportunity clause. Contracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed contractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7)b))1) prevents the award of contracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT No. STU CO30-078 (23044) LOCATION WCR 74/33 Intersection I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause, or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive, or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncompetitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Contractor's firm or company name By I Date Title 2nd contractors firm or company name. (If joint venture.) By I Date Title Sworn to before me this day of, , 20_ Notary Public My commission expires NOTE: This document must be signed in ink. CDOT Form #606 1/02 1 26 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name/Description Project Number Project Code/ Sub -Account Proposal Date WCR 74/33 Roundabout STU CO30-078 23044 Contractor Region 4 Subcontractors/SuppliersNen Colorado Department of Transportation to submit this form may result dors: The bidder must list all firms seeking to participate on the contract. This information is used by the (CDOT) to determine overall goals for the Disadvantaged Business Enterprise Program. Failure in the proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (Y/N) Selected (Y/N) I certify that the Information provided herein is true and correct to the best of my knowledge. Name Signature/Initials Title Date Work Proposed Categories: 11 Structural Steel and Steel Reinforcement 21. Clearing. Demolition. Excavation and 1. Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2. Flagging and Traffic Control 13. Landscape and Erosion Control 22. Engineenng and Surveying Services 3 Trucking and Hauling 14. Bndge and Badge Deck Construction 23. Public Relations and Involvement 4 Precast Concrete. Foundations. and 15. Asphalt Paving 24. Piles and Deep Foundations Footings 16 Road and Parking Lot Marking 25 Waste Management and Recycling 5. Concrete Paving. Flatwork and Repair 17 Chip Sea/. Crack Seal. Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack Fill 27. Mechanical and HVAC 7. Signs. Signal Installation. and Guardrail 18 Bodge Painting and Coating 28. Tunnel Construction 8. Fencing 19 Stairway and Omamental Metal 29. Profiling and Grinding 9. Buildings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 30. Environmental Health and Safety 10. Utility Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects, submit to cdot_hq_dbeforms@state.co.us. CDOT Form #1413 12/16 27 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: Project Name: WCR 74/33 Roundabout Bidder Contact: Subaccount #: 23044 Bidder Phone: Bid Submission Date: Bidder Email: DBE Contract Goal: 11.0% Preferred Contact Method: I Region: 4 DBE Coriimitmerits'' DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation Total Eligible Participation Total Bid Amount Total Eligible Participation Percentage Bidder Signature COMMITMENTS LISTED ON THIS FORM SHALL BE BINDING ON THE BIDDER UPON CONTRACT AWARD. IF THE DBE GOAL IS ZERO, DBE COMMITMENTS ARE OPTIONAL AND THE BIDDER IS NOT REQUIRED TO LIST ANY DBE COMMITMENTS ON THIS FORM. This section must declare under and complete are has been you shall submit a of all good faith that their eligible calculating eligible be signed by an individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are true to the best your knowledge. Further, you attest that you understand the following: CDOT shall not award a contract (or provide its concurrence to award a Local Agency Project) until it has been determined that commitments sufficient to meet the DBE contract goal or else good faith efforts have been made to meet the goal despite falling short. Once your bid submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and participation has been properly counted. Please review your project's DBE requirements for additional information and instructions on participation. Name Title I Signature I Date CDOT Form # 1414 10/20 28 COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # STU CO30-078 1. List names of partnerships or joint ventures none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes none b. Key equipment changes none c. Fiscal capability changes (legal actions, etc.) none d. Other changes that may affect the contractor's ability to perform work. - none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's Firm or Company Name By Date Title 2"d Contractor's Firm or Company Name By Date Title CDOT Form #605 1/92 29 COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS PROJECT NO. STU CO30-078 Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to CDOT all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT. b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third -party beneficiary) any and all claims that such subcontractor may have, or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor's obligations to Contractor. b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT. c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. Contractor's firm or company name By I Date Title Contractor's firm or company name By I Date Title CDOT #621 12/91 30 COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1. his section must be completed by the Contractor. Project Name: WCR 74/33 Roundabout Subaccount #: 23044 Bidder: Bidder Phone: Bidder Contact: Bidder Email: DBE Firm Name: DBE Phone: DBE Address: DBE Email: _ Commitment Details Category Work to be Performed DBE Work Code(s) Commitment Amount Eligible Participation Construction Trucking Supplies Services Total $0.00 $0.00 This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true, and accurate to the best of your knowledge. Bidder/Contractor Representative I Title I Signature I Date SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary). This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered. Are you contracting directly with the Bidder/Contractor or with one of its subcontractors? If with a subcontractor, provide the firm name. Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. Do you intend to subcontract any portion of the work listed above? If yes, state to which firms, what work and the approximate amount. Include trucking subcontractors and owner -operators. Will you be providing trucking services on this project? If so, state how many of your own trucks and employees you will have on this project. Who within your firm will be supervising and responsible for your firm's work on this project? Will you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. Will you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the items. Page 1 of 2 CDOT Form # 1415 01/14 31 This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and have the capacity to perform the work as stated. I DBE Representative I The I Signature Date Review your project's DBE requirements for additional instructions on completing and submitting this form. Questions may also be directed to the CDOT Civil Rights & Business Resource Center at (303) 757-9234 or by email at dot civilrights@state.co.us. SECTION 3. This section must be completed by Region Civil Rights Specialist or Civil Rights and Business Resource Center staff member Name Title I Approved or denied Date of Decision Pre -award CDOT projects: This form should be uploaded with the Utilization Plan and submitted electronically to the Civil Rights & Business Resource Center via B2GNow. Pre -award local agency projects: Submit this form to the local agency that will be awarding the project. Page 2 of 2 32 CDOT Form # 1415 01/14 COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1. Contractor and Project Information Bidder: Project: WCR 74/33 Roundabout Address: Project Code: SHO CO30-078 Contact Name: Proposal Amount: Contact Phone: Contract Goal Percentage: Contact Email: Contract Goal Dollar Value: Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontractor Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts. a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform; how much and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number of DBEs per area. b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach to meeting the contract goal). Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/or communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors, modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2. c. If the eligible participation submitted on the Form 1414 was miscalculated, determined to be invalid, or otherwise did not meet the contract goal, provide your justification for such deficiendes and the remedies you have taken or intend to take to avoid the issue in the future. If you have obtained any additional commitments since submission of the bid, attach the Form 1415(s) and the reason why such commitments were not obtained prior to the proposal due date. Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE participation on this contract. If, at any time, CDOT has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, CDOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal program. By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached supporting documentation. . I, , am the of Representative Name Title Company I have the authority to make this affidavit for and on behalf of my company. All information provided herein faith efforts is true and accurate to the best of my belief. and attached as evidence of my company's good Date SEAL Signature Notarization: Must be completed by a licensed notary. County of State of Subscribed and sworn before Notary Signature me this day of Notary Address CDOT projects: Submit this form and all supporting documentation to the CDOT Civil Rights and Business Resource Center via fax to (303)757- 9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Roam 150, Denver, CO 80222. Local agency projects: Submit this form and all supporting documentation to the local agency. Al originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Page 1 of 2 33 CDOT Form #1416 01/14 Subcontractor Quote Summary (Attach additional pages if necessary.) Subcontractor DBE (Y/N) Work Type(s) Quote Amount Selected (Y/N) Reason Page 2 of 2 34 CDOT Form #1416 01/14 NOTICE OF AWARD To: WCR 74/33 ROUNDABOUT The project in general consists of construction of roadway improvements for the existing WCR 74/33 Intersection. 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 one original of 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 , 2022 Weld County, Colorado, Owner By: Michael Bedell, P.E., Senior Engineer ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by Dated this day of , 2022 By: Title: (Contractor) 35 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & CONTRACTOR WCR 74/33 ROUNDABOUT PROJECT THIS AGREEMENT is made and entered into this _ day of , 2022, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and CONTRACTOR, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200139. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence, and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts 36 contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or 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 there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. If written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $ , as set forth in Exhibits. No payment more than that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in'the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County because of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions 37 of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records, and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., about 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. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subiect to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall always keep the required insurance coverage in force during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; 38 $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor 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. Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. (1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. (2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. (3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. (4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with all loss resulting from flood events during construction. (5) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims - made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Colorado Department of Transportation and Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, 39 representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. 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 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. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement 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, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for 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. 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. 15. 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. 16. 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. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or 40 Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: E-mail: Phone: Cot.itL Weld County Public Works Department Name: Michael Bedell, P.E. Position: Senior Engineer Address: P.O. Box 758, Greeley, CO 80632-758 E-mail: mbedell@weldgov.com Phone: 970-301-0780 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without imitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. 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. 41 28. 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. 29. 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. 30. 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 Agreement. 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 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 this Agreement 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 during 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 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. 31. 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. 32. 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. 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. 42 SIGNATURE PAGE CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board' Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair 43 PERFORMANCE BOND (PAGE 1 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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 (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) 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 a certain Contract with the Owner, dated the day of 2022, a copy of which is hereto attached and made a part hereof for the construction of: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B22000139. 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. 44 PERFORMANCE BOND (PAGE 2 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Contractor By (Contractor) Secretary (SEAL) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Attorney -in -Fact (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. 45 LABOR & MATERIALS PAYMENT BOND (PAGE 1 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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 (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) 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 a certain Contract with the Owner, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B2200139. 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. 46 LABOR & MATERIALS PAYMENT BOND (PAGE 2 OF 2) WCR 74/33 ROUNDABOUT PROJECT 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. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2022. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall 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. 47 NOTICE TO PROCEED To: Date: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B2200139. You are hereby notified to commence Work in accordance with the Agreement dated . The date of completion of all Work is, therefore By Michael Bedell, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2022. By Title 48 CHANGE ORDER NO. (EXAMPLE) Date: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B2200139 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: Michael Bedell, P.E. (Senior Engineer) APPROVALS: CONTRACTOR: Name: Date: Title: WELD COUNTY: ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair 49 CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B2200139. Contract Dated: This Certificate of Substantial Completion applies to all Work that has been sufficiently completed in accordance with the Contract Documents and as modified by any change orders agreed to by the parties, so that the County and/or Owner can utilize the project for the use for which it was intended, except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 14 calendar days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Date: Engineer Date: Contractor: Date: 50 LIEN WAIVER (GENERAL CONTRACTOR) TO: Weld County Public Works Attn: Michael Bedell P.E., Senior Engineer P.O. Box 758 Greeley, Colorado 80632 Gentlemen: For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repair of the structures or improvements described in the Contract Documents as: WCR 74/33 ROUNDABOUT PROJECT described in the Invitation for Bids, Bid No. B2200139. Contractor: (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements since the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received.) In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has been made. We agree to defend Weld County from all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for all costs, including reasonable attorney fees, which they may incur as a result of such claims. Contractor By: Title: Date: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this by My commission expires: Notary Public day of , 2022, 51 LIEN WAIVER (SUBCONTRACTORS) WCR 74/33 ROUNDABOUT PROJECT To All Whom It May Concern: WHEREAS, the undersigned has been employed by (A) to furnish labor and materials for (B) work, under a contract (C) for the improvement of the premises described as (D) County of , State of of which is the Owner. NOW, THEREFORE, this day of , 2022, for and in consideration of the sum of (E) Dollars paid simultaneously herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby waive and release any lien rights to, or claim of lien with respect to and on said above described premises, and the improvements thereon, and on the monies or other considerations due or to become due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore or which may hereafter be furnished by the undersigned to or for the above described premises by virtue of said contract. (F) (SEAL) (Name of sole ownership, corporation, or partnership) (Affix Corporate seal here) (SEAL) (Signature of Authorized Representative) Title: INSTRUCTIONS FOR FINAL WAIVER (A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both. (B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract. (C) If you have more than one contract on the same premises, describe the contract by number if available, date and extent of work. (D) Furnish an accurate enough description of the improvement and location of the premises so that it can be distinguished from any other property. (E) Amount shown should be the amount received and equal to total amount of contract as adjusted. (F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used, partner should sign and designate himself as partner. 52 NOTICE OF FINAL ACCEPTANCE TO: Date: WCR 74/33 ROUNDABOUT PROJECT described in Bid No. B2200139. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (11 year warranty on all work and materials incorporated into this Proiect. Such warranty shall begin on the date of this acceptance. By: Michael Bedell, P.E., Senior Engineer Weld County, Colorado, Owner ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of By (Contractor) Title 2022. 53 WCR74/33 ROUNDABOUT November, 2022 WCR74/33 ROUNDABOUT PROJECT PROJECT SPECIAL PROVISIONS The Colorado Department of Transportation 2022 Standard Specifications for Road and Bridge Construction controls construction of this project. The latest revisions to issued Standard Special Provisions (SSP) that modify the Standard Specifications, the CDOT Field Materials Manual and the CDOT Construction Manual are hereby incorporated by reference. The following Project Special Provisions (PSP) supplement and/or modify the Standard Specifications and Plans. Date Page Index of Project Special Provisions November 2022 PSP1 Notice to Bidders November 2022 PSP2 Commencement and Completion of Work November 2022 PSP3 DBE Contract Goal and OJT Contract Goal November 2022 PSP4 Revision of Section 101 — Definition of Terms November 2022 PSP5 Revision of Section 102 — Bidding Requirements and Conditions November 2022 PSP7 Revision of Section 103 — Consideration of Proposals (LCP Tracker and B2G Now) November 2022 PSP8 Revision of Section 104 — Scope of Work November 2022 PSP9 Revision of Section 105 — Control of Work November 2022 PSP12 Revision of Section 106 — Control of Material November 2022 PSP26 Revision of Section 107 — Legal Relations and Responsibility to Public November 2022 PSP33 Revision of Section 108 — Prosecution and Progress November 2022 PSP36 Revision of Section 109 — Measurement and Payment November 2022 PSP40 Revision of Section 201 — Clearing and Grubbing November 2022 PSP42 Revision of Section 202 — Removal of Structures and Obstructions November 2022 PSP43 Revision of Section 203 — Excavation and Embankment November 2022 PSP45 Revision of Section 206 — Excavation and Backfill for Pipes November 2022 PSP49 Revision of Section 207 — Topsoil November 2022 PSP51 Revision of Section 208 — Erosion Control November 2022 PSP52 Revision of Section 212 — Seeding, Fertilizer, Soil Conditioner, and Sodding November 2022 PSP81 Revision of Section 216 — Soil Retention Covering November 2022 PSP88 Revision of Section 304 and 703 — Aggregate Base Course November 2022 PSP90 Revision of Section 306 - Subgrade Reconditioning (Special) November 2022 PSP92 Revision of Section 401 — Plant Mix Pavements — General November 2022 PSP93 Revision of Section 403 — Hot Mix Asphalt November 2022 PSP94 Revision of Section 411 — Asphalt Materials November 2022 PSP9? Revision of Sections 412 — Portland Cement Concrete Pavement November 2022 PSP98 Revision of Sections 420 and 712 — Geosynthetics November 2022 PSP104 Revision of Section 420 — Geogrid Reinforcement November 2022 PSP107 Revision of Section 601 - Structural Concrete November 2022 PSP110 Revision of Section 603 — Culverts November 2022 PSP112 Revision of Section 612 — Delineators and Reflectors November 2022 PSP113 Revision of Section 614 — Traffic Devices (Ground Signposts) November 2022 PSP114 Revision of Section 615 — Water Control Devices November 2022 PSP115 Revision of Section 620 — Field Facilities (Field Office Class 2) November 2022 PSP116 Revision of Section 625 — Construction Surveying November 2022 PSP120 Revision of Section 626 — Mobilization November 2022 PSP122 Revision of Section 630 — Portable Message Sign Panel November 2022 PSP123 Revision of Section 709 — Reinforcing Steel and Wire Rope November 2022 PSP124 Force Account Items November 2022 PSP125 Traffic Control Plan — General November 2022 PSP126 Utilities Coordination November 2022 PSP128 Irrigation Facilities Coordination November 2022 PSP129 PSP 1 WCR74/33 ROUNDABOUT November, 2022 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. Michael Bedell, P.E. Senior Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3706 Cell Phone: 970-301-0780 Don Dunker, P.E. County Engineer Weld County Public Works Department 1111 H Street Greeley, CO 80632 Office Phone: 970-304-6496, ext. 3749 Cell Phone: 970-397-6288 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. END OF SECTION PSP 2 WCR74/33 ROUNDABOUT November, 2022 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will complete all work within 250 Calendar Days unless the period for completion is extended otherwise by the County. In addition, the following work schedule conditions shall apply, and the full amount of daily liquidated damages shall apply to all these conditions until the condition is met. (a) Work associated with any irrigation facilities shall be completed, and all irrigation facilities shall be fully operational prior to April 15, 2023. (b) Full closure of all four legs of the intersection shall be limited to the period of April 17" through August 14"'. This period consists of 120 calendar days. (c) Prior or after the full closure period described above, closure of one leg of the intersection will be allowed, with the condition that the remaining three legs are open, and the leg which is closed can only remain so for a consecutive period of 72 hours or less. The Contractor's progress schedule may be a Bar Chart Schedule, shall be updated monthly, and shall be provided to the County for review. Failure to submit a reasonable and current schedule as required may result in the County withholding payment to the Contractor. Salient features to be shown on the Contractor's progress schedule are: • Mobilization • Traffic Control • Erosion Control • Construction Surveying • Clearing and Grubbing • Removal of Existing Pavement • Excavation and Embankment • Installation of Drainage and Irrigation Items • Aggregate Base Course • Concrete Pavement • Hot Mix Asphalt Pavement • Seeding and Mulching • Striping and Signing END OF SECTION PSP 3 WCR74/33 ROUNDABOUT November, 2022 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal: 11.0% DBE Participation ON-THE-JOB TRAINING (OJT) CONTRACT GOAL CDOT has determined that OJT shall be provided to trainees with the goal of developing full journey workers in the types of trade or classification involved. The contract goal for trainees working in an approved training plan for this Project has been established as follows: 1,600 Hours of OJT Participation END OF SECTION PSP 4 WCR74/33 ROUNDABOUT November, 2022 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 2022 Standard Specifications for Road and Bridge Construction" dated 2022, 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 terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Subsection 101.02 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" shall mean the Weld County Public Works Director or designated representative. Holidays recognized by Weld County are: Veterans Day Thanksgiving Christmas New Year's Day President's Day Memorial Day Independence Day Labor Day 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. "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. "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". PSP 5 WCR74/33 ROUNDABOUT November, 2022 "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 be defined as the prism of embankment extending from the toe of embankment slope to the opposite toe of embankment slope. "Specifications" shall mean a general term applied to all directions, provisions and requirements pertaining to, performance of the work. 1. 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. "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 punch -list. END OF SECTION PSP 6 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS Section 102 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 102.01 and replace 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. Delete Subsection 102.02 and replace 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 County: Emailed bids are required. Bids may 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 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. Delete Subsection 102.04 and replace with the following: 102.04 Interpretation of Plans and Specifications. Any changes to proposal forms, plans, or specifications prior 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 102.05 shall be revised to include the following: Weld County does not warrant any CAD data. This information is not considered to be part of the Contract and is provided to the Contractor as a courtesy. If the bidders use the CAD data in preparing a proposal or planning and prosecuting the work, it is at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the CAD data. The CAD data shall not be used in relation to any request for additional time or compensation. After the proposals have been opened, the winning bidder may obtain electronic sets of plans and special provisions (PDF, CAD files) at no cost. Subcontractors and suppliers may obtain plans from the successful bidder. END OF SECTION PSP 7 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 103 CONSIDERATION OF PROPOSALS (LCPTRACKER and B2GNow USED) Section 103 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 103.01 and replace with the following: 103.01 Consideration of Proposals. After the proposals (bids) are opened and read, they will be evaluated, and the Contract awarded or rejected in accordance with the "Rules" referenced in subsection 102.01 The low responsible bidder shall submit a completed CONTRACTORS PERFORMANCE CAPABILITY STATEMENT, Form 605, and a completed ASSIGNMENT OF ANTITRUST CLAIMS, Form 621 to the Award Officer prior to 4:30 P.M. on the fifth calendar day after the bid opening. To be eligible for contracting with Weld County on a CDOT funded project, the apparent low responsible bidder shall have an account in the B2GNow software system. Failure to submit the Forms 605 and 621 may result in the denial of award to the apparent low responsible bidder and forfeiture of the proposal guaranty. Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts shall be attached to all contracts and subcontracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCP-Tracker, utilizing the following web link: https://prod.lcptracker.net/WebForms/loqin.aspx The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for everyone, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCP-Tracker system and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. Each construction subcontractor shall submit their payrolls directly into LCP-Tracker for approval by the Contractor. If the Contractor or the sub -contractors do not submit properly completed payrolls to LCP- Tracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. The Contractor shall submit and approve their own payrolls in LCP-Tracker. The Contractor is responsible for ensuring all the subcontractors submit and approve their own payrolls in LCP-Tracker. The Contractor shall be responsible for providing all technical support to all the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate erectly with LCP-Tracker for the required technical support. Weld County and CDOT will not provide technical support to the Contractor or subcontractors. Weld County will accept or reject weekly payrolls for the Contractor. END OF SECTION PSP 8 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 104.02(a) and replace as follows: 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: • Encountering groundwater. • Discovery of debris (buried or unburied within the ROW). • Existing asphalt thicknesses that are different than expected. • Lack of on -site appropriate strength materials. • Increased costs due to relocations of utilities and/or oil and gas facilities. • Increased costs due to ROW or easement acquisitions. • Discovery of unknown or private utilities such as water, sewer, gas, electric, phone, etc. • Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure. • Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells. • On -site soils not suitable for structural foundations or embankments. • Unsuitable materials excavation. • High water levels in the river due to stormwater runoff or snowmelt. The Contractor shall be expected to manage the risks associated with flows in the river to meet the project completion date. 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 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 fora change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs. Upon written notification, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether 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 more than 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 more than 150 percent of original contract item quantity, or in case of a decrease below 25 percent, PSP 9 WCR74/33 ROUNDABOUT November, 2022 to the actual amount of work performed. A major item is defined to be any item having an original contract value more than 10 percent of the original contract amount. Delete Subsection 104.04, Paragraph 3 and replace with the following: Portions of the roadway that are not included in the contract work will be maintained by the Department. Snow removal outside of the project limits will be the responsibility of the Department 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 to provide 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. Delete Subsection 104.05 and replace 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 be 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 like 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 daily. 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, starting with "VECPs (Category A) ..." shall be deleted and replaced as follows: VECPs (Category A) will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall, concrete box culvert, or building. A VECP (Category A will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP if significant benefits can be demonstrated to the Engineer. In addition, design criteria and constraints listed in the Structural Selection Report cannot be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre -approved by the Department, in writing, for general use will be considered a VECP (Category A). Category A proposals will also result in a realized and shared cost savings to the Department. Cost savings generated to the Contract because 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: PSP 10 WCR74/33 ROUNDABOUT November, 2022 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(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 PSP 11 WCR74/33 ROUNDABOUT November, 2022 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 delineated 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 prior to Subsection 105.02(a): 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 are 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: The As -Constructed drawings shall be completed in accordance with 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 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. PSP 12 WCR74/33 ROUNDABOUT November, 2022 Subsection 105.02(j) shall be added immediately following Table 105-1 and shall include the following: (j) Weld County Project Submittals. Table 105-1 a summarizes the minimum required submittals by Weld County. Items highlighted in the table are required to be submitted and approved by Weld County prior to 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. Method Statements required by Section 108.03(j) and have been included in the section that covers a given item. Failure to provide the appropriate submittals to the Engineer for review and approval shall result in the assessment of a pay reduction in the amount of $500 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) Construction Meeting and Phasing updated Plan monthly) (submit a minimum of 5 days prior to Pre -Construction 105.02 105.02(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 Form $10,000 1425 or Suppliers more of supplies List from Contractor or materials to and the Sub project -contractors providing more than 106.01 106.02(b) Agreements between landowners and contractor Material source of sand and gravel with testing results For imported embankment or topsoil - Hazardous waste and substances certification 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 mix design quality revision level for stability less than 65 - Contractor to submit written proposal for a 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 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 107.25(b)(6) Spill Response Plan 107.25(b)(6) List of Potential Pollutant Sources 107.25(b)(7) Dewatering Plan (if required) 107.25(b)(8) Diversion Plan (if working in river) 107.25(b)(8) Agreement to discharge water to a ditch (if required) PSP 13 WCR74/33 ROUNDABOUT TABLE 105 -la WELD COUNTY SUBMITTALS November, 2022 Section No. Description 107.25(b)(13) Method Statement for Containing Pollutant Byproducts 107.25(b)(19) Clean Equipment Certifications (if working in water) 107.25(d) 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 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 Shoring designs 207 Method statement for salvaging of topsoil and redistribution of topsoil 207.02(a) CSU Soil Lab Topsoil Test Results ,, 207.04 Submittal for imported topsoil 208 SWMP notebook 208.02(a) & 213.02 Weed Free Certification 208.02(j) Concrete Washout Method Statement 208.03(c) I Proof of Erosion Control Supervisor Training Submittal for straw bales Submittal for silt fence Submittal for silt berms Submittal for erosion control logs Submittal for aggregate bags Submittal for mobile concrete washouts Submittal for mobile tracking pads 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 IS!' 14 WCR74/33 ROUNDABOUT TABLE 105 -la WELD COUNTY SUBMITTALS November, 2022 Section No. Description Submittal for fertilizer Submittal for soil conditioner Submittal for composting material 213 Method statement for mulching - can be combined with seeding method statement 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 216.02 (continued) Submittal for staples Submittal for other miscellaneous items 250.03(c) Hazardous Materials Health and Safety Plan 250.04(b) Method Statement for capturing, testing. and disposing of hazardous materials 304.04 Method Statement for ABC Placement 306.01 Method Statement for Reconditioning 307.04 Method Statement for Lime Treated Subgrade 401 Method statement for HMA placement 401.02 HMA Mix Design 401.10 HMA paver wedge system 401.10 Method statement for preventing asphalt paver segregation 401.16 HMA joint plan 401.16 HMA pavement marking plan 401.17 HMA obtain QL density less than 75 - plan for methods and procedures that will be changed to 403.02 Submittal for additives to HMA Submittal for hydrated lime (if applicable) Submittal for mineral fillers (if applicable) 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 Submittal for PCCP mix design Submittal for PCCP admixtures and additives Submittal for PCCP joint and crack sealants Submittal for PCCP curing materials 412.02 Submittal for dowel bars/dowel baskets Submittal for tie bars Submittal for reinforcing steel (if applicable) Submittal for other miscellaneous items 412.22 Maturity curve for concrete per CP 69 420 Method statement for installing geosynthetics PSP 15 WCR74/33 ROUNDABOUT TABLE 105-1 a WELD COUNTY SUBMITTALS November, 2022 Section No Description 420 02 Submittal for geotextiles/geogrids Submittal'for geotextile staples (if applicable) Submittal for MSE wall materials 501- " Method statement for,dnving 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 nprap 506 Submittal for each size of nprap 507 - Method statement for constructing slope and ditch paving , 507 02 Submittal for grout mix design Submittal for concrete mix design Submittal for curing compounds Submittal for expansion board materials (if applicable) 508 - Method Statement for constructing timber -,structures 509 Method statement for constructing steel structures 509 27, 618 14 601 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 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 03 � Submittal for structural concrete design Submittal for admixtures Submittal for curing compounds - Submittal for, fly ash Submittal for joint materials Submittal for reinforcing steel Submittal for bearing materials , Submittal for epoxy fillers ' - Submittal for pointing and patch materials - `Submittal for fiber reinforcing materials (if'applicable)- Submittal for Truck Mixing Certification 601 05 Submittal for concrete mix design Submittal for Certified Test Results - Cement, fly ash, etc PSP 16 WCR74/33 ROUNDABOUT TABLE 105 -la WELD COUNTY SUBMITTALS November, 2022 Section No Description 601 07(c)(3) F -, _ Form 46 - Concrete Truck Mixer Inspection Certification -.,"= ` e, 601 09 Submittal for precast deck panel working drawings ,',601 11(a) , ;S' Submittal for`falsework working,drawmgs �� r , - 601 12 Winter protection plan (if applicable) Process Control Plan for placing concrete 601 13 ' = ti . Maturity curve for concrete 'per CP 69' `> 601 14(b) Submittal for structural concrete coating 601 15 r _ ' Process Control Plan for placing, conbolidating, finishing; curing, and protecting bridge 'deck cbncrete >' - r - ; « _ _ , - r - 602 02 Submittal for reinforcing steel Submittal for steel chairs -602 03 ‘ , - Submittal of a bar list , >, ` - ,,� - ,' ' 603 Method statement for placing culverts and sewers 603 02 ; ,� 1�3 _ ` S Submittal for culverts (all pipe types)' . _ - Submittal for'pipe joint inaterial i w Submittal for pipe gaskets- ', , ,r, z r ' Submittal,for, conduit'-° , << ; ,ti , , - ` , . 604 Method statement for placing manholes, inlets, and other precast materials 604 02 _ , Submittal for all manholes, inlets, and other precast materials _ _, Submittal for gratesand manhole covers' 605 Method statement for laying underground pipes X605 02 `, = S ' " Subnmittal,for,pipe`material- ,. ",� > ,, �, , ' , , ` Subrnittal,for,tointing material ." t s Submittal for -gaskets ;, i < s': - "j< - ' , , 606 Method statement for installing guardrail/bridge rail 02 606 ' , . , _ , , Submittal for guardrail material (beams,.posts; hardware, etc ) , YJ , ` Submittal for bridge rail matenal (beams, posts„ hardware, etc ) K , 607 Method statement for installing fencing 607 02 ' y Submittalafor fence posts z " - _'� t„ ��", "', ', _ , , Submittal'for wire = Submittal for construction fencing._ , - , x - ` �,' °' `, ,Submittal for gates - 608 Method statement for installing sidewalks and bikeways '609 , ', r- ,Method statement'for,constructing curb and'gutter 611 02 Submittal for precast cattle guard base Submittal for cattle guard decking material 61202 ', Submittal forreach type of delineator" Submittal for reflectors , .e - 613 02 Submittal for lighting fixtures Submittal for conduit Submittal for poles Submittal for pullboxes Submittal for grounding systems (ground rods, etc ) r 61402 ,,rr ,, - wr � f ° ; ` � , - S 'Submittal for sign materials , _ �', _= r Submittalrfor reflective material ., �" _ ; �� ' `,-� . r , Submittal -for signposts'=�a .„,' ;, ' <,� `�. Submittal f&signPost bases, ' ",_' "'�',� ', -Submittal"for traffic`signal equipment '' _ ` ' " � Submittal for weather station, equipr'nent :: 615 02 Submittals for headgates, flumes, and other water control devices 618 02' C , , ,,Submittafor prestressed concrete'mix design', i, '; 618 04 Submittal for prestressed concrete shop drawings (Stamped by PE) PSP 17 WCR74/33 ROUNDABOUT TABLE 105 -la WELD COUNTY SUBMITTALS November, 2022 Section No. Description 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) 627.02 (continued) Submittal for epoxy paint (if applicable) Submittal for thermoplastic markers 630.02 Submittal for temporary traffic control signs 630.03 1 Submittal for message boards 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, includes early job start progress report, narrative float report, report, critical path report, & Civil Rights Affirmative Action Form 1391 - Federal Aid Highway Construction Contractors Annual EEO Report Supervisor EEO Orientation Written for any Notification construction to Director of the Office of Federal Contract Compliance Programs 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: ISE 18 WCR74/33 ROUNDABOUT TABLE 105 -la WELD COUNTY SUBMITTALS November, 2022 Section No. Description 1. The items highlighted in yellow above are required to be submitted and approved prior to the start of construction. 2. The items in the table above are not all inclusive. Them may be additional submittals required by the Engineer. Delete Subsection 105.03, paragraph 5 and replace 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. Delete Subsection 105.03, paragraph 7 and replace with the following: Materials will be sampled and tested by the Contractor in accordance with 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 less ..." 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 wil 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 in accordance with 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 PSP 19 WCR74/33 ROUNDABOUT November, 2022 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 (2) Maximum lift thickness of eight inches in accordance with 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 Table 106-4 requiring minimum testing frequency. The Contractor shall submit the PCP at least five working days prior to 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 prior to 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 105.06 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 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. 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 PSP 20 WCR74/33 ROUNDABOUT November, 2022 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. 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(b) shall delete the reference to Tables 105-4 or 105-5 and replace with Tables 105- 10 or 105-11. 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 laboratory mix design phase or the first week of production. Verification of the curve shall be done by casting three splitting tensile specimens by the Department and testing them at the Contractor's Process Control Laboratory. The flexural strength of the correlated splitting tensile samples shall be compared to the Contractor PC flexural strength results cast from the same batch. For verification, both flexural strength specimens and splitting tensile specimens will be tested at 28 days. If the correlated flexural strength of the splitting tensile sample is not within 50 psi of the verification beam specimen's flexural strength, a new correlation curve shall be developed within 3 days for future low strength evaluations. The new correlation curve will be used for any future low flexural strength evaluations that result from concrete placed on or after the date the new correlation curve specimens are cast. 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 V Factor Maximum Incentive Payment Lower Tolerance Limit, TL Plan Value Compressive Strength 400 psi 3.00 % 4500 psi 4500 psi PSP 21 WCR74/33 ROUNDABOUT November, 2022 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 STENGTH CRITERIA Element V Factor Maximum Incentive Payment Lower Tolerance Limit, T� Plan Value Flexural Strength 50 psi 3.00 % 600 psi 650 psi Delete Subsection 105.07(b)(1), paragraph 11 and replace with the following: The Contractor shall notify the Engineer in writing at least five working days in advance of his 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. Delete Subsection 105.07(b)(1), paragraph 12 and replace 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) shall be revised to include the following prior to the first paragraph: This Project does not have monetary incentive/disincentive payment associated with HMA or PCCP Pavement Smoothness. However, the Contractor shall meet all requirements and conditions for Pavement Smoothness Category II (CDOT Tables 105-12 and 105-13). Delete Subsection 105.07(e), Paragraph 1 and replace with the following: The Department will analyze the SA testing for acceptance and indicate areas requiring corrective work in accordance with subsection 105.07(b). The Engineer, at their sole discretion, shall determine the most effective corrective action outlined in items 1-3 below. The Contractor shall provide a detailed method statement describing the corrective actions to be taken for the corrective work. Corrective work shall not be performed until the method statement has been approved in writing by the Engineer. The Contractor shall perform corrective work in the areas indicated by the Department based on the SA testing. Delete Subsection 105.07(f), paragraph 2 and replace 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. Delete Subsection 105.09 and replace 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: (d) Contract Documents including Exhibits, Addenda, and Appendices (e) Special Provisions PSP 22 WCR74/33 ROUNDABOUT November, 2022 i. Weld County Special Provisions ii. Weld County Department of Public Works Conformed Standard Special Revisions to CD0T's 2022 Standard Specifications for Road and Bridge Construction CDOT Project Special Provisions iv. CD0T Standard Special Provisions v. CD0T Field Materials Manual (Latest Edition) vi. CD0T Construction Manual (Latest Edition) (f) CD0T Standard Specifications (g) Plans i. Detailed Plans ii. Standard Plans The Contractor shall not take advantage of any apparent error or omission in the Contract. Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided. The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby. The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract. 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 CD0T'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 prior to 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, always that work is being performed, a competent Project Manager and a Superintendent capable of reading and understanding the contract documents and experienced in the type of work being performed. The Project Manager and Superintendent shall not be the same individual unless approved in writing by the Engineer. The Project Manager and Superintendent will receive instructions from the Engineer and shall be authorized to act for the Contractor on the project and to execute orders or directions of the Engineer without delay. The Project Manager and 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 108.09, Liquidated Damages Table. 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. PSP 23 WCR74/33 ROUNDABOUT November, 2022 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 decide 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 in accordance with 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 105.21(b) shall be deleted and replaced with the following: (b) Final Acceptance. At Substantial Completion, the Engineer will inspect the project with the Contractor. The result of the inspection will be a punch list of outstanding items that have to be corrected and completed withing the time frame indicated on the Notice of Substantial Completion. The punchlist will include the remaining documentation items that shall be submitted for review and acceptance by the Engineer prior to Final Acceptance. Upon notice from the Contractor of completion of the Substantial Completion punchlist, the Engineer will inspect to verify the punchlist items have been addressed. If the work provided for by the Contract has been satisfactorily completed, that inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing of final acceptance indicating the date on which the project was inspected and accepted. Upon reviewing and accepting the remaining documentation and with no other outstanding issues, the Engineer will initiate the final advertisement process utilized by the County's Purchasing Department. The final advertisement process involves placing an advertisement in a newspaper of general circulation a minimum of two times at least 10 days apart. A newspaper of general circulation is defined as a newspaper which is published daily, triweekly, semiweekly, or weekly and is printed or published in whole or in part in the county in which such notice or advertisement is required to be published. The advertisement shall include the final cutoff date for any protests from subcontractors or suppliers and the date of anticipated final payment to the Contractor. No retainage release will be made until the final advertisement period has been completed and all issues that have arisen durng 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, paragraph 1 shall be revised to include the following: The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any claims filed by the Contractor. Weld County will be the responsible party to such claims. Subsection 105.22 shall be amended as follows: Delete all references to CDOT and replace with Weld County. Subsection 105.23 shall be amended as follows: Delete all references to CDOT and replace with Weld County. PSP 24 WCR74/33 ROUNDABOUT November, 2022 Delete Subsection 105.23(b)(1) and replace with the following: CDOT in conjunction with the Colorado Contractors Association, will maintain 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(l). Subsection 105.24 shall be amended as follows: Delete all references to CDOT and replace with Weld County. 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. 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. Delete Subsection 105.24(e) and replace with the following: (e) 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. If the Contractor selected litigation, then de novo litigation shall proceed in accordance with 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 about entitlement and a non -binding decision about quantum. If either party disagrees with the decision on quantum, the disagreeing party may seek a trial de novo in Weld County District Court about quantum only. END OF SECTION PSP 25 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.01, paragraph 3 shall include the following: To be considered an equal or equivalent product, all technical specifications for the alternate product must meet or exceed all technical specifications for the specified product. The technical specifications for the proposed equivalent product as well as the specified product shall be submitted to the Engineer for review. Subsection 106.01, paragraph 4 shall be deleted and replaced with the following: The Contractor shall submit a completed Form 1425 for each direct supplier that meets the $10,000 criteria outlined below. The Form 1425 shall be submitted to the Engineer prior to beginning work on the project, incorporating materials into the project or at such time that the $10,000 amount is known to be exceeded. (1) Fabrication of material (2) Processing of materials (3) Delivery service cost of the material delivered to the project If an individual, firm, or corporation is responsible for the installation of supplies, a Form 205 shall be required for the subcontractor. The supplier shall notify the Contractor if an individual spends more than 20% of their workweek performing actual construction work such as installation, repair, or warranty work, on the site of work as that would require the submission of a Form 205. During the performance of the project, the Contractor shall submit an updated Form 1425 if information changes. Each subcontractor or supplier at any tier meeting the $10,000 requirement above shall submit a Form 1425 to the Contractor, who will then submit it to Weld County. The Contractor shall submit the subcontractor's Form(s) 1425 with Form 205 (if any) to the Engineer prior to the subcontractor/supplier beginning any work on the project, incorporating materials into the project, or at such time the $10,000 amount is known to be exceeded. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. Subsection 106.03, paragraph 3 shall be deleted and replaced with the following: Sampling and testing will be done per the Department's minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the CDOT Field Materials Manual and these specifications. Subsection 106.041 shall be added immediately following Subsection 106.04: 106.041 Sampling and Testing of Earthwork. The testing of items associated with earthwork shall conform to the following: (a) Process Control Testing. Process Control (PC) testing is mandatory for the elements listed in Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, Section 306 — Reconditioning, and Section 603 — Culverts and Sewers of the Specifications. The purpose of PC testing is to ensure the Contractor has complied with the Specifications prior to the Owner Acceptance (OA) testing performed by the County. The PC sampling and testing frequency outlined in Table 106-1a for Sections 203, 206, and 603, Table 106-1b for Section 304, and Table 106-1c for Section 306 are the minimum number of tests required. The Contractor is encouraged to utilize the PC testing in such a manner as to ensure the quality of the work. Weld County will pay for PC testing in accordance with Subsection 106.15 — Method of Measurement and Subsection 106.16 — Basis of Payment. PSP 26 WCR74/33 ROUNDABOUT TABLE 106-1a SECTION 203, SECTION 206, AND SECTION 603 TESTING SCHEDULES November, 2022 EMBANKMENT, EXCAVATION, & BACKFILL (INCLUDING CLASS 1 AND CLASS 2 BACKFILL, CLASS 1 & CLASS 2 STRUCTURAL BACICFILL, BED COURSE MATERIAL, & FILTER MATERIAL) Mini u Testing Frequency ntractor's Process Control Testing None Required I per source and 1 per change in material type 1 per soil type O per soil:type 1 per 200 CY or fraction thereof & a minimum of 1 additional test per change in material type 100 CY or fraction thereof er lift & I additional test per change in 'al type 1 per 200 CY & a minimum of one per change in material type ,Material is Consis day Material is Changi Density Test 1 per soil type Minimum of;1 test per g: I test per In -Place Any timethe I -point check is more than 2 lbs'tl nd nr. °fo rf optimum moisture content different than the of the material being tested. 1 per stockpile/source and 1 per material type I tiers p mill 1 per source of imported material 1 per sonree of finported material 1 per source of imported material Elenient Soil Survey (Classification) Moisture - Density Curve Gradation Atterberg units In -Place Density In -Place Density when within toil s. of Bridge Approachos). Rock Correction I Point Check R -Value Slake Durability Water Soluble Sulfate Ion Water Soluble Chloride Ion Minimum Testing Frequ Owner Acceptance.Tesa 1 per soil type 1 per soil type 1 per soil type 1 per soil type 1 per 1000 CY or fraction thereof & 1 additional per change in material type. I per 500 CY or fraction thereat 1 additional test per change in r 1 per 1,000 CY yards or fraction thereof 1 per 2,000 CY or fractional 1 per soil type Any time the 1 -point check is r Ibs/fts and/or 2' of optimum; different than the procto tested. 1 per stockpile/source and 1 per material type f per 2,000 CY or fraction thereof, per 2,000 CY or fraction thereof per 2,000 CY or fraction thereo: per 2,000 CY or fraction thereof Resistivity pH ace densities, used for reported PC tests; shall be taken using 4 1 -minute tests. When density testing an soil. type are in question; no reported density shall exceed 100% compaction with a 1 -point proctor check. corrections shall be done hi the fieldusing the number 4 screen. PC Tester to supply their own screens ecks shad be done in the field on the day of in -place density testing. The PC tester shall supply thei and hotplate or microwave. The PC tester shall also provide a stableand solid platform to ercation checks. Theme of the I -point checks is required so the correct proctor is being utilized for the tested. Table 106-b SECTION 304 TESTING SCHEDULE AGGREGATE BASE COURSE Minimum Testing: Frequency Contractor's Process Control Testing Element Minimum Testing Frequency Owner Acceptance Testing 1 per 500 tons or fraction thereof Gradation 1 per 2,000 tons or fraction thereof 1 per 500 tons or fraction thereof Atterberg Limits, I per 2,000 tons or fractionthereof 1 per 500 tons or fraction thereof In -Place Density/Percent Relative Compaction 1 per 2,000 tons or fraction thereof 1•per classund/or source, Moisture Density Curves 1 per class and/orsource 1 per class and/or source LA Abrasion 1 per class and/or source I per class and/or source R -Value 1 per class and/or source PSP 27 WCR74/33 ROUNDABOUT Table 106-c SECTION 306 TESTING SCHEDULE November, 2022 AGGREGATE BASE COURSE Minimum Testing Frequency Contractor's Process Control Testing Element Minimum Testing Frequency Owner Acceptance Testing 1 per 1,000 tons or fraction thereof & 1 per 500 tons or fraction thereof for each shoulder (when shoulders only are specified) In -Place Density/Percent Relative Compaction 1 per 5,000 tons or fraction thereof & 1 per 2,500 tons or fraction thereof for each shoulder (when shoulders only are specified) 1 per class and/or source Moisture -Density Curves 1 per class and/or source OA testing is used for acceptance by the County regardless of the PC testing results. Failing Owner Acceptance tests shall result in the removal and replacement of the elements to specifications. The Engineer, at their sole option, may choose to use PC testing results in the event of a discrepancy. (b) Process Control Plan. Process control plans (PCP) shall be submitted by the Contractor for approval by the Engineer for the elements listed in Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, Section 306 — Reconditioning, and Section 603 — Culverts and Sewers of the Specifications. All the above items shall be tested in accordance with the process control and acceptance procedures outlined in the latest version of the CDOT Field Materials Manual and the applicable Colorado Procedures (CP) contained in the CDOT Field Materials Manual. The PCP shall be submitted to the Engineer for approval prior to the Pre -Construction Conference. The Contractor shall not be allowed to start any work on the project until the Engineer has approved the PCP in writing. The PCP shall contain the following items: (1) Method Statements — The Contractor shall submit detailed method statements to the Engineer for approval prior to the Pre -Construction Conference. Method statements for Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, Section 306 — Reconditioning, and Section 603 — Culverts and Sewers shall follow the requirements shown in Subsection 108.03(j). (2) Testing — the Contractor shall provide adequate details in the PCP describing how the PC testing shall be performed. The PCP shall include a sampling frequency as required by the Specifications. When a random sampling frequency is required for the element, the PCP shall indicate how and when the random sampling will occur. The PC tests shall be independent of the acceptance tests unless otherwise allowed by the Engineer. (3) Point of Sampling — the materials for PC testing shall be sampled by the Contractor using the appropriate Colorado Procedures outlined in the COOT Field Materials Manual. The location where material samples will be taken shall be included in the PCP. (4) Testing Standards — the PCP shall indicate which testing standards shall be followed. Acceptable standards are Colorado Procedures, AASHTO, and ASTM. The order of precedence is Colorado Procedures, then AASHTO procedures, and then ASTM procedures. Deviations from the applicable procedures shall not occur unless approved by the Engineer in writing. All soils testing performed in the field and in the laboratory shall be performed per the WAQTC manual, the Colorado Procedures using the following procedures. A. AASHTO T 255 - Total Evaporable Moisture Content of Aggregate by Drying B. AASHTO T 265 - Laboratory Determination of Moisture Content of Soils C. AASHTO 272 and CP 23 & CP 25 - One -Point Method for Determining Maximum Dry Density and Optimum Moisture PSP 28 WCR74/33 ROUNDABOUT November, 2022 D. AASHTO T 99, CP 23 - Moisture -Density Relations of Soils Using a 2.5 -kg (5.5-1b) Rammer and 305 -mm (12 -in.) Drop E. AASHTO T 180, CP 23 - Moisture -Density Relations of Soils Using a 4.54 -kg (10-1b) Rammer and 457 -mm (18 -in.) Drop F. AASHTO R 75 - Developing a Family of Curves G. AASHTO T 85 - Specific Gravity and Absorption of Coarse Aggregate H. AASHTO T 310 & CP 80 - In -Place Density and Moisture Content of Soil and Soil -Aggregate by the Nuclear Methods (Shallow Depth), CP 21, CP 31 (Class 1 and ABC) — Gradation I. AASHTO T 89 and T90 — Atterberg Limits J. AASHTO M 145 - Soils Classification K. AASHTO T 96 — LA Abrasion L. AASHTO T 190 — R -Value (5) Testing Supervisor Qualifications — the person in charge of and responsible for the PC sampling and testing shall be identified in the PCP. This person qualified according to the requirements of CP-10 (Note: this will require a PE or a NICET Level III certification). (6) Technician Qualifications — Technicians taking samples and performing the PC tests shall be WAQTC certified and shall meet the requirements of CP 10. (7) Testing Equipment — All testing equipment used to conduct the PC tests shall conform to the standards specified in the test procedures and shall be in good working order. Equipment calibrations shall be provided to the Engineer upon request. (8) Reporting and Record Keeping. The Contractor shall report the results of the tests to the Engineer electronically at least once per day. Testing which is performed in the field (e.g., density, rock corrections, 1 -point verifications, and other field tests) shall be provided on the same day as they are performed. Testing which requires laboratory procedures shall be report electronically within 24 hours after the laboratory testing is completed. The PC tester shall provide written copies of the field test reports to the Engineer and Inspector within the timeframes outlined above. For tests involving compaction and density, the Contractor shall ensure the tester is performing rock corrections and 1 -point proctor checks in the field. Qualifications for testing and personnel are contained in Section 203, Chapter 200 of the CDOT Field Materials Manual, CP- 10, CP 13, CP 15, and CP 80, and the CDOT Inspector's Checklist. Subsection 106.05 shall be revised with the following: Delete references to Table 106-1 and replace with Table 106-2. Delete Subsection 106.05(a), paragraph 1 and replace with the following: (a) Process Control Testing. Contractor Process Control Testing is mandatory. The Contractor shall be responsible for process control testing on all elements and at the frequency listed in Table 106-2. Process control testing for HMA pay items shall not be measured and paid for separately but shall be included in the work. The Contractor's HMA supplier and HMA paving subcontractor shall be present when HMA paving is occurring and shall test the HMA per with Table 106-2. PSP 29 WCR74/33 ROUNDABOUT Delete Table 106-1 and replace with the following: Table 106-2 SCHEDULE FOR MINIMUM SAMPLING AND TESTING FOR HMA* November, 2022 Element Process Control Acceptance' Check (CTP) Asphalt Content 1/500 tons 1/1000 tons 1/10,000 tons Gradation 1/Day 1/2000 tons 1/20,000 tons Theoretical Maximum Specific Gravity 1/1000 tons, minimum 1/Day 1/1000 tons, minimum 1/Day 1/10,000 tons In -place Density 1/500 tons 1/500 tons 1/5000 tons Joint Density 1 core/2500 linear feet of joint 1 core/5000 linear feet ofjoint 1 care/50,000 linear feet ofjoint Aggregate Percent Moisture' 1/2000 tons, minimum 1/Day 1/2000 tons Not applicable Percent Lime,' 1/Day Not applicable Not applicable Notes 1 The minimum number of acceptance tests will be: 5 asphalt content, 3 gradation, 10 in -place density and 5 joint densities for all projects. 2 When unscheduled job mix formula changes are made (Form 43) acceptance of the elements, except for in - place density, will be based on the actual number of samples that have been selected up to that time, even if the number is below the minimum listed in the schedule. At the Engineer's discretion, additional random in - place density tests may be taken to meet scheduled minimums, provided the applicable pavement layer is available for testing under safe conditions. Beginning with the new job mix formula, the quantity it will represent shall be estimated. A revised schedule of acceptance tests will be based on that estimate. 3 Not to be used for incentive or disincentive pay. Test according to CP-33 and report results from Form 106 or Form 565 on Form 6. 4 Verified per Contractor's PC Plan. * None of the test results will be used for incentive /disincentive pay but will be used in the evaluation of materials acceptance. See also section 105.05 Conformity to the Contract of Hot Mix Asphalt for applicable conditions. Subsection 106.05(a) shall be revised to include the following immediately Subsection 106.05(a)(8): After completion of compaction, in -place density tests for process control shall be taken at the frequency shown in Table 106-2. The results shall be reported in writing to the Engineer daily. Daily plots of the test results with tonnage represented shall be made on a chart convenient for viewing by the Engineer. All the testing equipment used for in -place density testing shall conform to the requirements of acceptance testing standards, except nuclear testing devices need not be calibrated on the Department's calibration blocks. Delete Subsection 106.05(b), paragraph 2 and replace with the following: If the Contractor elects to question the Hot Mix Asphalt (HMA) acceptance test results, the steps outlined in CP 17 shall be followed. Dispute of the acceptance test results in accordance with CP-17 will not be allowed unless the CP-13 Check Test Program has been successfully completed. The Contractor shall initiate, coordinate, and complete a successful Check Testing Program with the OA tester prior to HMA placement. The results from the CP 17 resolution process shall be binding on both the Department and the Contractor. Requests for CP 17 process for all elements except density shall be submitted in writing to the Engineer within five workdays from the date the Contractor receives acceptance test data from the Engineer. The specific element questioned shall be identified in writing. All requests for the CP 17 process for the density element shall be submitted in writing to the Engineer within 24 hours of receiving test data from the Engineer. Delete Subsection 106.05(b), paragraph 3 and replace with the following: PSP 30 WCR74/33 ROUNDABOUT November, 2022 The Contractor shall choose a consultant laboratory not associated with the project from the CDOT pre -established list to perform the third -party testing. The Contractor shall document his choice in writing at the Pre -Paving Conference. The Department shall determine that the consultant is from the pre -established list and has no conflict of interest. If the Contractor does not provide his choice in writing at the Pre -Paving Conference, the Department shall choose the consultant from the pre -approved list. Subsection 106.06 shall delete reference to Table 106-2 or 106-3 and replace with Table 106-4 or 106-5. Delete Subsection 106.06(a), paragraph 1 and replace with the following: Process control testing by the Contractor is mandatory. Process control testing for Portland Cement Concrete Pavement (PCCP) pay items shall not be measured and paid for separately but shall be included in the work. The Contractor's PCCP supplier and PCCP paving subcontractor shall be present and shall test the PCCP in accordance with Tables 106-4 and 106-5. The Contractor shall develop a process control plan (PCP) in accordance with the following: Subsection 106.06(b), paragraph 1 shall be deleted and replaced with the following: (b) Acceptance Testing. Acceptance testing frequencies shall be per the Schedule (Owner Acceptance) in the CDOT Field Materials Manual. Except for flexural strength, acceptance tests will be conducted by and at the expense of the Department. Acceptance sampling and testing procedures will be per the CDOT Field Materials Manual with the following exceptions and inclusions: Subsection 106.06(b) shall be revised to include the following: Acceptance flexural strength specimens will be cast, cured then tested for flexural strength by Contractor PC witnessed by the Engineer or an approved Weld County Representative. Test results not witnessed by Weld County or approved Weld County Representative will not be accepted. The Contractor shall, in the presence of the Engineer, develop a correlation curve during the first week of concrete production and placement in accordance with AASHTO T198 Splitting Tensile Strength of Cylindrical Concrete Specimens. As stated in Subsection 105.06 Splitting Tensile Strength (AASHTO T198) sampling and testing by Weld County is being used to determine the validity of Splitting Tensile Strength as an acceptance criterion and not a ratio or correlation to Flexural. Weld County OA will mold 6 — (6 x 12 in) specimens for Splitting tensile strength to be tested (3) at 7 days and (3) at 28 days, at a minimum of 1 set per day of concrete placement. Subsection 106.11 shall be revised include the following: Projects which are not funded by CDOT are exempt from the requirements of this section. Projects which are funded by CDOT shall meet the requirements of this section. The Bid Documents shall indicate if the project is CDOT funded. Subsection 106.14 shall be inserted immediately following the end of Subsection 106.13 106.14 Trade Names, Approved Equals, or Substitutes. To establish a basis of quality, certain processes, types of machinery and equipment, or kinds of materials may be specified either by description or process or by designating a manufacturer by name and referring to that brand or product designation or by specifying a kind of material. It is not the intent of the specifications to exclude other processes, equipment or materials of equal value, utility, or merit. Whenever a process is designated, or a manufacturer's name, brand or item designation is given, or whenever a process or material covered by patent is designated or described, it shall be understood that the words "or approved equal" follow such name, designation, or description, whether in fact they do so or not. To be considered an "approved equal" the item shall meet or exceed the specifications for the designated item specifications in all categories. PSP 31 WCR74/33 ROUNDABOUT November, 2022 If it is desirable to furnish items of equipment by manufacturers other than those specified as a substitute after the Contract is executed, the Contractor shall secure approval prior to placing a purchase order or furnishing the same. If the proposal includes a list of equipment, materials, or articles for which the Contractor must name the manufacturer at the time of submission of the bid, no substitutions therefore will be permitted after a proposal has been accepted without the express consent of the Owner. Subsection 106.15 shall be inserted immediately following the end of Subsection 106.14 and shall include the following: 106.15 Method of Measurement. Process Control (PC) sampling and testing for the earthwork items covered in Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, Section 306 — Reconditioning, and Section 603 — Culverts and Sewers will be measured as the actual number of days of PC sampling and Testing work performed. The PC tester shall be onsite for the entire time the Contractor is engaging in earthwork related to the above -mentioned sections. The Contractor shall utilize the PC tester to take samples and tests at the frequencies required in Subsection 106.041 as well as my other tasks needed (i.e., set rolling patterns for compaction effort, provide written daily test results to the Engineer and Inspector, log in and out on the daily sampling and testing results summary sheet, collecting tickets from trucks entering the site, etc.). Sampling and Testing report forms from the PC tester shall be provided to the Department within twenty-four hours of the field test being completed. Laboratory tests which take longer than 24 hours to complete shall be provided to the Department no later than 24 hours after the test is completed. It is not acceptable to provide the PC test results on a weekly basis. Failure to provide PC sampling and testing shall result in a pay reduction of $300/sample or test to be assessed to the Contractor for each day PC testing is not performed for the above -mentioned items. The continued failure of the Contractor to comply with the requirements of this subsection shall result in the suspension of Work by the Engineer, the potential for the assessment of liquidated damages in accordance with the schedule of liquidated damages in accordance with Section 108 and withholding of progress payments. Contract time shall not stop in the event of a suspension of work. Failing Owner Acceptance (OA) tests shall result in the removal and replacement of the elements per the specifications. In the event of a failing OA test, the Engineer will issue a Form 105 to the Contractor documenting the failure and shall apply a $300/failing test pay reduction. The Engineer may in their sole discretion determine if a pay reduction will be assessed. Subsection 106.16 shall be inserted immediately following the end of Subsection 106.15 and shall include the following: 106.16 Basis of Payment. Payment for Process Control Sampling and Testing shall be at the Contract unit price for each item listed below that appears in the bid schedule. Pay under: Pay Item Pay Unit Process Control Testing for Items 203, 206, 304, 306, & 603 Day Payment for Process Control Testing for Items 203, 206, 304, and 603 shall be full compensation for all labor, materials, and equipment necessary for the PC tester to perform all the work described in the Specifications. The PC tester's commute time shall not be measured and paid for separately but shall be included in the work. END OF SECTION PSP 32 WCR74/33 ROUNDABOUT November, 2022 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 revised to include the following: 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. Subsection 107.06 shall be revised to include the following prior to 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. In subsection 107.15(a), delete references to "CDOT" and replace with "Weld County". In subsection 107.15(a((5(, delete references to "CDOT" and replace with "Weld County, CO, its elected officials, and its employees". Delete Subsection 107.15(b) and replace with the following: When the project has CDOT or Federal funding, the insurance certificates shall name "Weld County, Colorado, its officers, and employees" and CDOT as additionally insured parties. 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. When the project has no State or Federal funding, 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. In subsections 105.15(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: 107.17 Contractor's Responsibility for Work. When working in a waterway, the Contractor shall assess and understand the risk of working within waterways. 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 waterway such as cofferdams and diversion of channel flows. Such work shall be subsidiary to other items of work. Subsection 107.17 — Delete the fourth paragraph beginning with "Loss, injury, or damage to the work..." and replace with the following: PSP 33 WCR74/33 ROUNDABOUT November, 2022 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 107.19 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. In Subsection 107.25, reference to "CDOT" shall be deleted and replaced with "Weld County". Subsection 107.25 shall be revised to include the following prior to the first sentence: The requirements as called out in this subsection will be strictly enforced. If the area of disturbance for the project is greater than one acre, Subsection 107.25(c), paragraph one shall be deleted and replaced with the following: (c) Stonnwater 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 prior to 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. Prior to 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: (i) The thirty (30) day average must be determined by the arithmetic mean of all samples collected during a 30 -day consecutive period; and (ii) 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. If the area of disturbance for the project is less than one acre, Subsection 107.25(c) shall be deleted and replaced with the following: A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. PSP 34 WCR74/33 ROUNDABOUT November, 2022 The Engineer will coordinate with CDOT as necessary prior to initiating partial or final acceptance of the stormwater construction work, including soil conditioning, and seeding for permanent stabilization. Unsatisfactory and incomplete erosion control work will be identified in this walkthrough and will be summarized by the Engineer in a punch list. Subsection 107.25(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 more than all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. END OF SECTION PSP 35 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 108.01 and replace with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without written permission of the Engineer. Before beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed hardcopy Sublet Permit Application, CDOT Form 205 via the B2GNow software system. The subcontracted work shall not begin until the Contractor has received the Engineer's written permission. The Contractor shall make all project - related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer. When the project does not have CDOT funding, the B2GNow software system will not be used, and the Contractor shall submit a hardcopy of the CDOT Form 205 to the Engineer for review and acceptance. The Contractor will be permitted to sublet a portion of the Contract. However, the Contractor's organization shall perform work amounting to 30 percent or more of the total original contract amount. Any items designated in the Contract as "specialty items" may be performed by subcontract. The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization. The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor. The proportional value of a subcontracted partial contract item will be verified by the Engineer. When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered in combination and as constituting a single subcontract. The calculation of the percentage of subcontracted work shall be based on subcontract unit prices. Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond. Failure to comply with all contractual obligations may lead to the suspension, debarment, or both subcontractors, and if necessary, the Contractor as stipulated in the "Rules". When the project has CDOT funding, all firms to which the contractor will be subletting a portion of the contract shall have an account created in the B2GNow software system. If the firm does not have an account created approval of the Form 205 may be withheld. When the project has CDOT Funding, Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts shall be attached to all subcontracts. As described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: (1) The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCP Tracker, utilizing the following web link: https://prod. lcptracker. net/Web F orm s/log i n. aspx (2) The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for everyone, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCP Tracker system and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. (3) Each construction subcontractor shall submit their payrolls directly into LCP Tracker for approval by the Contractor. If the Contractor or the sub -contractors do not submit properly completed payrolls to LCP PSP 36 WCR74/33 ROUNDABOUT November, 2022 Tracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. (4) The Contractor shall submit and approve their own payrolls in LCP Tracker. The Contractor is responsible for ensuring all the subcontractors submit and approve their own payrolls in LCP Tracker. The Contractor shall be responsible for providing all technical support to all the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate directly with LCP Tracker for the required technical support. Weld County will not provide technical support to the Contractor or subcontractors. (5) The Engineer will approve or reject weekly payrolls for the Contractor. Delete Subsection 108.02 and replace with the following: The Contractor shall not commence work prior to 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 prior to that date, contract time will commence on the date work begins. The Contractor shall commence work under the Contract on or prior to the 10th day following the issuance of the Notice to Proceed. Subsection 108.03(b), paragraph 2 shall be revised to include the following: The Initial Schedule shall be submitted at least 10 working days prior to 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 shall include the following after 108.03(i): (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.). (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. (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. Delete Subsection 108.04, paragraph 1 and replace with the following: PSP 37 WCR74/33 ROUNDABOUT November, 2022 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. Delete the Subsection 108.04(b), paragraph 2 and replace with the following: If the update has any Weld County Fiscal Year (January 1 to December 31) payment more than 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. Delete the second paragraph starting with "The Contractor shall not carry -on construction..." in subsection 108.08 and replace with the following: The Contractor may work between sunrise and '/ hour before sunset, Monday through Friday excluding holidays, without written consent from the Engineer. If the Contractor wishes to work outside of these hours of operation, they may request to do so by providing the Engineer with a written request outlining the reasons for the request. The Engineer is under no obligation to approve hours of operation outside of the hours listed above. The Contractor shall not carry -on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector 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. prior to the weekend in which the work will be performed. Written requests received after the deadline will be reviewed on a case -by -case basis. The Engineer and Inspector Supervisor are not required to provide written approval for weekend inspectable construction operations requests. In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County. The amount credited shall be $400.00 for the first four hours (four hour minimum) and $100.00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work. Construction operations shall stop at 5 p.m. the day before the start of the holiday weekend. Construction operations may resume after the holiday weekend has passed. The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days. Delete subsection 108.08(a)(2), and replace 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 prior to 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. Delete subsection 108.08(b), and replace 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 PSP 38 WCR74/33 ROUNDABOUT November, 2022 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 in accordance with 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 prior to 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 required paperwork required to close out the project within 20 days. Failure to provide the required paperwork will result in the assessment of liquidated damages as outlined below. In subsection 108.09 delete the schedule of liquidated damages and replace with the following: Table 1082 LIQUIDATED DAMAGES Original Contract Amount ($) From More Than 0 To and including 500,000 Liquidated Damages per Calendar Day ($) 800 500,000 1,000,000 2,000,000 5,000,000 10,000,000 1,600 2,500 4,300 7,800 1,000,000 2,000,000 5,000,000 10,000,000 10,700 plus 400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 10,000;000 END OF SECTION PSP 39 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 109 MEASUREMENT AND PAYMENT Section 109 of the Standard Specifications is hereby revised for the project as follows: In subsection 109.01 add the following paragraph after the 17. 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 always made available for inspection during placement to the Engineer or Inspector. The Contractor will submit, in an envelope, within 48 hours of material placement, the following: (1) Truck Tare List (2) Original Scale Tickets (3) Weld County Materials Quantity Reconciliation Sheet, signed by Contractor's representative Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet submitted by the Contractor. Contractor will be made aware of any discrepancy immediately by the inspector. Ticket package will be submitted to the inspector or engineer within 48 hours of placement. For material quantity submittals beyond these 48 hours, a price reduction on the material in question will occur as follows: tia, 25 - 48 hours 5% Greater than 72 hours 100% In Subsection 109.01 after the last paragraph add the following: The following work will not be measured and paid for separately but shall be included in applicable unit prices for which the work is required. The list below is not all-inclusive and there may be other items which are considered incidental to the project: (1) Earthwork requiring more than one handling (2) New materials (if required) for resetting fences (3) Fine grading (4) Soil conditioner unless otherwise identified in the Contract (5) Fertilizer unless otherwise identified in the Contract (6) Staging areas (7) Additional temporary construction easements if desired by the Contractor (8) Coordination with utility companies (9) All water Delete Subsection 109.06(a), Paragraph 1 and replace with the following: (a) Standard Amount Retained. The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the County, pursuant to Section 24-91-103, CRS. PSP 40 WCR74/33 ROUNDABOUT November, 2022 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 prior to 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. Delete subsection 109.06(h) and replace with the following: (a) Monthly Reporting. For Weld County projects with CDOT funding, by the 15i of each month, the Contractor shall record all payments to subcontractors by completing an audit in the B2GNow System. 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 prime enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a notice to confirm payment. The subcontractor or supplier shall have fifteen days from the notice to confirm payment or report an issue. If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payment to its subcontractors. If the subcontractor or supplier does not report a prompt payment issue within fifteen 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 subcontractor'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. For Weld County Projects not funded by CDOT, the Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, per subsections 108.03(b) or 108.03(c))3). Failure to submit a complete and accurate Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage to the Contractor. Subsection 109.07, paragraphs 1 and 2 prior to 109.07(a) shall be deleted and replaced with the following: Partial monthly paymerts to the Contractor for completed work will include payment only for materials incorporated in the work unless otherwise approved by the Engineer. In the event the Engineer agrees to pay for stockpiled materials, payments may be made to the Contractor for materials to be incorporated into the work as evidenced by invoices or cost analyses of material produced on the project subject to the following: In Subsection 109.07$b), delete references to "State owned property" and replace with "County owned property" In Subsection 109.07(b), delete references to "CDOT" and replace with "County". END OF SECTION PSP 41 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.02 shall be revised to include the following: This work shall include removal and disposal of tree stumps, bushes, roots, sod, and any other vegetation or organics that interferes with the work. This work shall include removal and disposal of all minor items for which there is no specific "removal bid item", including but not limited to wooden posts, metal posts, fence posts, concrete, and metal drainage items. Also included in this bid item is the removal of the following items: This work shall include removal of: All trash, glass, cans, barrels, construction materials, and any other non -organic materials that interferes with the work. All foundations, pavements, utility poles, fences, underground utilities, and other deleterious materials. Sediment from existing pipes. • Delineators. • Gravel from access roads. • Trees smaller than 6" diameter at breast height (DBH). Trees and shrubs designated to be removed shall include the entire root ball and all roots larger than 'h" diameter. Subsection 201.04 shall be revised to include the following: Any dump fees or other fees associated with Clearing and Grubbing shall be considered subsidiary to this bid item. Removal of delineators shall be included as part of the work and will not be paid for separately. END OF SECTION PSP 42 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.09, paragraph 2, shall be revised to include the following items in the list of things to include in the "planing plan": 1. The proposed method for planing and wedging around existing structures such as manholes, valve boxes and inlets. 2. The longitudinal and transverse typical sections for tie-ins at the end of the day. 3. If requested by the Engineer, a plan sheet showing the milling passes. 4. A process control plan including as a minimum, the following: (1) Schedule for replacing the cutting teeth. (2) Daily preventative maintenance schedule and checklist. (3) Proposed use of automatic grade controls. (4) Surface testing schedule for smoothness. (5) Process for filling distressed areas. (6) Schedule for testing macrotexture of the milled surface. (7) Corrective procedures to be utilized in the event the milled surface does not meet the minimum macrotexture specification. (8) Corrective procedures to be utilized in the event the milled surface does not meet the minimum transverse or longitudinal surface finish when measured with a 10 -foot straightedge. Subsection 202.09, paragraph 3 starting with "Each planer shall conform", shall be revised to include the following item: (6) The planer shall be capable of operating with automatic grade controls (contact or non -contact) on both sides of the machine using a 30 -foot averaging system or other approved grade control systems. The use of such controls shall be described in the Contractor's process control plan. Subsection 202.09 shall be revised to include the following: The existing pavement shall be milled to the cross -slope as shown on the plans and shall have a surface finish that does not vary longitudinally or transversely more than N inch from a 10 -foot straightedge. A 10 -foot straightedge shall be supplied by the Contractor. The milled surfaces shall have a macrotexture equal to or less than 0.170 inches for single -lift overlays and 0.215 inches for multiple -lift overlays as tested per CP 77. Milled surfaces that do not meet these criteria shall require corrective action per the PCP. The Contractor shall be responsible for testing the macrotexture of the milled surface at the location directed by the Engineer per CP 77 at a stratified random frequency of one test per 10,000 square yards or a minimum of once per workday. At the completion of each day's work, longitudinal vertical edges greater than 1 inch shall be tapered. No transverse vertical edges will be allowed. Longitudinal milled surface tie-ins to existing pavement shall be tapered to not less than a 3:1 slope, transverse milled surface tie-ins to existing pavement shall be tapered to not less than a 50:1 slope. Transverse tapered joints may be tapered with the planing machine, a temporary asphalt ramp, or other PSP 43 WCR74/33 ROUNDABOUT November, 2022 methods approved by the Engineer. No longitudinal joint between the milled and existing surfaces shall fall between 1 to 5 feet of any lane line. If the transverse joint is tapered with a temporary asphalt ramp, the milled surface at the joint shall be constructed as a butt joint the full depth of the lift of asphalt to be placed on the milled surface. The Contractor shall be responsible for maintaining this asphalt ramp until all corresponding HMA is placed. All work associated with this joint will not be paid for separately but shall be included in the cost of planing. If the transverse joint is tapered with a planing machine, a butt joint shall be cut into the taper the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. All work associated with this joint will not be paid for separately but shall be included in the cost of planing. Other approved transverse joint tapers shall be maintained at the expense of the Contractor, and at a minimum shall incorporate a butt joint the full depth of the lift of asphalt to be placed on the milled surface prior to commencement of resurfacing. Distressed or irregular areas identified in the planed surface by the Engineer shall be patched. The roadway shall be left in a safe and usable condition at the end of each workday. All required pavement markings removed by the planing shall be restored before the roadway is opened to traffic. The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water. All material generated by the planing operation shall become the property of the Contractor unless otherwise noted in the Contract. Subsection 202.11 shall be revised to include the following: Removal of ground sign will be measured by the number of signs removed and accepted. The entire post and base shall be removed. Subsection 202.12 shall include the following: Macrotexture testing, macrotexture corrective actions, planers, brooms, and all other work necessary to complete the item will not be measured and paid for separately but shall be included in the work. END OF SECTION PSP 44 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 203.02(a) and replace with the following: (a) Unclassified Excavation. Unclassified excavation shall consist of the excavation of all materials of whatever character required for the work, obtained within the right of way and temporary construction easements as shown on the plans, including surface boulders and excavation for ditches and channels that is not removed under some other item. Any excess soil materials generated from excavation shall become the property of the Contractor and shall be hauled out of the project site and disposed of at a disposal site approved by the Weld County Inspector. Unclassified Excavation shall include removal of unstable or unsuitable material within the roadway as determined and directed by the Engineer. Unclassified Excavation (Complete in Place. Complete -in -place excavation shall consist of the excavation of all materials of whatever character required for the work, obtained within the right of way and temporary construction easements as shown on the plans, including surface boulders and excavation for ditches and channels that is not removed under some other item. Approved in -place excavation material shall be placed in embankments per the Plans and Specifications. Delete Subsection 203.02(c) and replace with the following: (c) Removal of Unsuitable Material. The removal of unsuitable material shall only be completed as directed by the County and shall be considered muck excavation. Embankment material containing significantly more than optimum moisture that would become stable if dried shall not be considered unsuitable material. The replacement material for areas of unsuitable materials (muck) excavation shall be 3" minus crushed concrete or aggregate over Triax Tensar 160 geogrid or Mirafi RS580i geofabric (or approved equal materials) as determined by the Engineer. If the Engineer approves the use of an alternative backfill material, which does not include import to the site, or does not include a material purchase price from a commercial supplier, the Engineer shall negotiate a unit price cost reduction with the Contractor. Subsection 203.03 replace the first sentence with the following: All embankment material shall consist of material that has been obtained from required excavation or from an approved source. Any embankment material shall a minimum R -value as specified in the Plans. The Contractor shall not obtain embankment material, other than that developed from suitable materials excavated on site, without written approval of the Project Inspector. Material excavated at the project site may be used if approved by Weld County Inspector or Engineer. Subsection 203.03, delete all reference to CDOT's Central Lab and replace with Weld County Lab. Subsection 203.03, delete all references to CDOT and replace with Weld County Subsection 203.03, Paragraph 9 shall be revised to include: If the sulfates, chlorides, and resistivity test results of -the imported materials show different pipe classes other than those specified in the Contract, the Contractor shall provide a compatible pipe class at no additional cost to the Department. Subsection 203.06, paragraph 1, shall be deleted and replaced with the following: PSP 45 WCR74/33 ROUNDABOUT November, 2022 203.06 General Embankment Construction Requirements. Contractor Process Control is mandatory for this element. The Contractor's Process Control Representative shall be certified with Western Alliance for Quality Transportation Construction (WAQTC) Embankment and Base Testing and CDOT's Excavation, Embankment and Soil Inspection certification course. Only approved equipment and methods proposed by the Contractor in Method Statements (see Section 108.03(j)), shall be used in the placement of, moisture conditioning and compaction of, and/or reconditioning of cut/fill and embankment materials. The Contractor shall be responsible for determining the moisture conditioning, the type of equipment, and number of passes that are needed to achieve adequate compaction; however, compression type or vibratory rollers are required for granular materials, and sheepsfoot rollers are required for cohesive soils. Water trucks, haul trucks, and scrapers shall not be used as compaction equipment or as interim compaction measures, apart from shouldering materials. The Contractor shall use approved equipment or attachments for conditioning/mixing during embankment placement and/or cut/fill reconditioning, for soils classified as A-4 to A-7 to ensure consistent moisture conditioning without disturbing compaction of preceding lifts. Dozer shall not be allowed unless approved by Engineer. Subsection 203.06, paragraph 4, shall be deleted and replaced with the following: The cleared surface shall be completely broken up by plowing or scarifying to a minimum depth of 8 inches or as specified in the Contract, the moisture content increased or decreased as necessary, and compacted to the specified embankment density for the material type present. Subsection 203.07, paragraph 1, shall be deleted and replaced with the following: It is anticipated that most of the materials excavated on this project will be placed within the roadway prism or hauled off -site. However, the Project Engineer and Inspector have the authority to order certain material be placed within the embankment side slopes. Unsuitable excavation materials produced from muck excavation and pipe installation shall not be used for embankment and shall be hauled off the jobsite. Topsoil which has been stripped and stockpiled shall be placed on the top of embankment slopes. Materials incorporated into embankment fill shall be placed and compacted according to the following requirements: Subsection 203.07(a), paragraph 1 shall be revised to include the following: When conduits (e.g., culverts, pipes, etc.) are installed in embankment material, the embankment material, the embankment shall first be constructed to a required height of a minimum of one foot above the top of conduit and for a distance on each side of the conduit of at least 5 times the diameter or span of the conduit, after which the trench shall be excavated, and the conduit installed. Prior to trench excavation, the embankment material shall pass the compaction requirements for the Project. Subsection 203.07(a), paragraph 2, shall include the following: A Sheepsfoot compactor shall not be used on A-1 material containing less than 30% retained on the %-inch sieve. Based on the Western Alliance for Quality Transportation Construction (WAQTC) inspection guidelines, the appropriate equipment to use on granular soils such as an A-1 soil is a steel vibratory roller or pneumatic rubber - tired roller. Sheepsfoot rollers are appropriate for materials composed of cohesive soils and clay rich non -durable bedrock. Subsection 203.07(a), paragraph 3, shall be revised include the following paragraphs: Compaction shall be tested using nuclear density gauges (CP 80-13) at the frequencies specified in Table 106-1. Compaction tests shall be performed in accordance CP 80 and shall utilize 4 one -minute readings. The use of 1, fifteen -second test shall be not acceptable for Process Control testing. PSP 46 WCR74/33 ROUNDABOUT November, 2022 Field rock correction tests (CP 23-13) shall be performed at the frequencies specified in Table 106-1 for each compaction test performed. Rock corrections shall be performed in accordance with CP 23. The Process Control tester shall provide their own screen, scale, and hot plate or microwave. A one -point moisture/density verification test (CP 25-13) shall be performed at the frequency specified in Table 106- 1 to verify the use of the correct moisture/density curve. The test sites shall be selected randomly and shall be representative of the materials placed in the surrounding areas. The Contractor shall provide a stable platform on which the one -point tests can be performed. Subsection 203.08, paragraph 1, shall be revised to include the following: Contractor's verified proof rolling equipment, meeting the 18 kip loading per axle, will be available onsite during all phases of earthwork activities and as an erosion control method for dust control mitigation. A current certified scale ticket showing the fully loaded weight of the water truck(s) shall be submitted to the Engineer and Project Inspector prior to any proof roll acceptance. The Inspector may require a proof roll at any elevation to verify stability. Subsection 203.08, delete paragraphs 3 and 4 and replace with the following: The proof roller shall be operated in a systematic manner so that a record may be readily kept of the area tested and the working time required for the testing. Areas that are observed to have soft spots in the subgrade, where deflection is not uniform or is excessive as determined by the Engineer, shall be ripped, scarified, dried or wetted as necessary, and recompacted to the requirements for density and moisture at the Contractor's expense. After replacement and re -compaction, these areas shall be proof rolled again and all failures again corrected at the Contractor's expense. The repair may involve muck excavation, geogrid reinforcement, replacement of excavated materials, or other methods as directed by the Engineer. After the subgrade has been stabilized, the Contractor shall perform proof rolling per subsection 203.08. Final proof rolling will take place a maximum of two days (48 hours) after all mechanical stabilization or unbound aggregate work has been completed, unless otherwise approved by the Engineer. Final proof rolling will take place a minimum of two days after all lime or other chemical stabilization work has been completed, unless otherwise approved by the Engineer. The finished surface shall be smooth and uniform conforming to the typical sections. Variation from the subgrade plan elevations shall not exceed 0.04 feet. All irregularities, depressions, or weak spots which develop shall be corrected at the Contractor's expense. The surface shall be maintained in a smooth condition, free from undulations and ruts until other work is placed thereon or the work is accepted. No separate payment will be made for areas of unsuitable material excavation, geogrid reinforcement, or replacement of excavated materials. Subsection 203.11(a) shall be revised to include the following: The disposal of unsuitable material and replacement of embankment will not be measured and paid for separately but shall be included in the work. Subsection 203.11(b) shall be revised to include the following: The quantities for Embankment (Complete in Place) will not be measured, but will be the quantity designated in the Contract, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Project Inspector prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. The quantities for Embankment and Unclassified Excavation will not be measured, but will be the quantity designated in the Contract, unless field changes are ordered. If field changes are ordered, the quantities will be calculated using the revised dimensions and the additional volume of material shall be approved in writing by the Inspector prior to beginning the work. No allowances shall be made for shrinkage, swell, subsidence due to compaction of the existing ground or any other losses. Payment for Embankment and Unclassified Excavation shall PSP 47 WCR74/33 ROUNDABOUT November, 2022 be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This includes scarification, wetting and drying of soils to obtain optimum moisture content, compaction, testing, and hauling and disposal of excess or unsuitable materials off the jobsite. The Contractor's Process Control efforts will be measured and paid per the revision to Section 106.041. Subsection 203.12 shall be revised to include the following: Payment for Unclassified Excavation (Complete in Place) or Borrow (Complete in Place) shall be full compensation for all work necessary to complete the item including construction of embankments, reworking of existing materials to satisfy benching requirements, unclassified excavation, borrow, compaction, compaction of bases of cuts and fills, all work in available materials pits, and disposal of excess excavated material. Payment for Embankment (Complete in Place) shall be full compensation for all work necessary to complete the earthwork to the lines and grades when on the Plans. This includes scarification, wetting and drying of soils to obtain optimum moisture content, compaction, and hauling and disposal of excess or unsuitable materials off the jobsite. END OF SECTION PSP 48 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.01 shall include the following: Structure excavation, structure backfill, filter material, and bedding material required for all pipes, culverts and pipe culvert extensions, inlets, storm sewer pipes, manholes and other drainage structures shall be included in the work. Compaction, water, pumping, bailing, draining, de -watering, sheeting, bracing and all other work necessary to complete the above items shall be included in the work. Pipes located in traffic areas shall be excavated and backfilled within the same working day or covered with traffic rated steel plates during non -working hours. Excavations shall not be left open for extended periods of time. Excavations left overnight in non -traffic areas for any reason shall be surrounded by orange plastic construction safety fence. Safety fence used for such purpose shall be included in the work. Excavate and replace within same working day the structural excavation and structural backfill that is located below retaining walls. Delete Subsection 206.02(a)(2) and replace with the following: 2. Structure Backfill (Flow -Fill). Flow -Fill shall be a self -leveling low strength concrete material with the following specifications. (1) Flow -fill shall have a slump of 7 to 10 inches, when tested per ASTM C143 (2) Compressive strength F'C = 1,000 psi at 28 days when tested per ASTM D4832. (3) Weight of a minimum of 329 pounds ASTM 150 Type I -II. (4) Coarse aggregates when tested per ASTM-33 shall be a minimum of 1,000 pounds. (5) Fine Aggregate when tested per ASTM-33 shall be a minimum of 2,000 pounds. (6) Air Entraining Agent (Sika Air) shall be a minimum of 1.0 ounces per cubic yard when measured per ASTM C260. (7) Water shall be a minimum of 150 pounds. (8) Flash fill shall not be used in lieu of Flow Fill unless approved by the Engineer. If flash fill is approved by the Engineer, it will be tested, accepted, and paid for as Flow -Fill. Materials for Structure Backfill (Flow -Fill) shall meet the requirements specified in the following subsections: Fine Aggregate Coarse Aggregate Portland Cement Fly Ash Water Air -Entraining Admixture Chemical Admixtures 703.01 703.02 701.01 701.02 712.01 71.1.02 711.03 PSP 49 WCR74/33 ROUNDABOUT November, 2022 The Contractor shall submit a Structure Backfill (Flow -Fill) mix design for approval prior to placement. The mix design shall include the following laboratory test data: (1) ASTM C231, Air content. (2) ASTM D6023, Unit Weight. (3) ASTM C143, Slump or ASTM D6103 flow consistency. (4) ASTM D4832 28 -day Compressive Strength. The Contractor shall submit a Process Control (PC) Plan with the mix design to the Engineer. The PC Plan shall address the batching, mixing, testing, and a method statement for the placement of Structure Backfill (Flow -Fill). Subsection 206.02(a)(3), delete all reference to CDOT's Central Lab and replace with Weld County Lab. Subsection 206.02(a)(3), delete all references to CDOT and replace with Weld County Subsection 206.02(a)(3) shall be revised to include the following: If the sulfates, chlorides, and/or resistivity test results of the imported materials are outside of the limits in Table 206-1 or 206-2, and a different pipe class is required other than those specified in the Contract, the Contractor shall provide a compatible pipe class at no additional cost to the County. Delete Subsection 206.03, paragraph 3 and replace with the following: Rock, hardpan, or other unyielding material encountered in trenches for culvert pipe or conduit shall be removed below the designed grade for a minimum of 12 inches. This extra depth excavation shall be backfilled with loose Structure Backfill (Class 1) or other approved material. The subgrade beneath any structural element shall be scarified to the depth specified in Section 203.07 of the Specifications or as directed by the Engineer. The type of compaction shall be the same as that required for Structure Backfill (Class 2), as specified below. Subsection 206.07 shall include the following: Excavate and replace within same working day the structural excavation and structural backfill that is located below retaining walls. Excavations shall not be left open for extended periods of time. Excavations left overnight in non -traffic areas for any reason shall be surrounded by orange plastic construction safety fence. Safety fence used for such purpose will not be measured for payment and shall be included in the work. Structure excavation, structure backfill, filter material, and bedding material required for all pipes, culverts and pipe culvert extensions, inlets, storm sewer pipes, manholes and other drainage structures, will not be measured and paid for separately but shall be included in the work. Compaction, water, pumping, bailing, draining, de -watering, sheeting, bracing and all other work necessary to complete the above items will not be measured and paid for separately, but shall be included in the work. END OF SECTION PSP 50 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is hereby deleted for this project and replaced with the following: Subsection 207.01 shall be revised to include the following: 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. Subsection 207.02(a) shall be revised to include the following: 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 the topsoil nutrient analysis is deficient, an Amendment Protocol shall be submitted by the Contractor for approval. The Amendment Protocol shall contain a complete list of amendments and associated quantities to produce topsoil that conforms to Table 207-2. All topsoil salvaged from onsite shall be amended/conditioned to meet the requirements of Section 212. It may be necessary to add additional fertilizers and conditioners to the hydraulic growth medium in order to meet the recommendations of the Soil Testing Laboratory. Subsection 207.02(d) shall be revised to include the following: 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 CSU Soil Testing Laboratory recommendations. Subsection 207.04 shall be revised to include the following: Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. When topsoil is windrowed, all stockpile requirements still apply. Subsection 207.05, paragraph 3 shall be deleted and replaced with the following: 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. Subsection 207.07, paragraph 1 shall be deleted and replaced with the following: 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 0.5 feet. Subsection 207.08 shall be revised to include the following: 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, haul, load, 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. END OF SECTION PSP 51 WCR74/33 ROUNDABOUT November, 2022 SECTION 208 EROSION CONTROL Section 208 of the Specifications is hereby deleted for this project and replaced with the following: 208.01. This work consists of constructing, installing, maintaining, and removing when required, control measures during 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 to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction of temporary control measures with the construction of permanent control measures to assure economical, effective, and continuous erosion and sediment control throughout the construction period. Weld County has provided the Initial Condition, Interim Condition, and Permanent Condition SWMP drawings in 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 the Erosion Control Phasing Plan 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 ask for a deferment by providing the information outlined in Section 208.09(c) for review by the Engineer. 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 ofthe 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 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 COC = Certificate of Compliance; APL= Approved Product List 208.02. Erosion control materials are subject to acceptance in accordance with subsection 106.01. Erosion control materials shallbe subject to the following approval process: (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. PSP 52 WCR74/33 ROUNDABOUT November, 2022 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 inches by 2 inches 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% Strength Retained ASTM 134355 Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T -post with a minimum length of 66 inches. Metalposts 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. (c) 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 vertically up and down the slope of the berm to prevent the formation of rills. The cost of compacting and stabilizing the temporary berms shall be incidental to the cost of the berms. (d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, plastic sheets, stone, concrete or asphalt gutters, half -round pipe, metal or plastic pipe, wood flume, flexible rubber, or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum Class 2, conforming to subsection 712.08. (e) Silt Berm. Silt berm shall consist of permeable multi -use material consisting of ultraviolet (UV) stabilized high- densitypolyethylene 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: PSP 53 WCR74/33 ROUNDABOUT November, 2022 Table 208-3 SILT BERM DIMENSIONS (1) (g) Width Height Weight 6 - 11 inches 6 - 10 inches Percent Open Area > 0.25 lbs./sq. ft. 20% — 50% Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. 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 subsection712.08. (h) 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 with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photodegradable tube netting. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2) Compost in accordance with subsection 212.02. The compost -wood chip blend may be pneumatically shot into a geotextile cylindrical casing or bepre-manufactured. The geotextile casing shall consist of HDPE or polypropylene mesh (knitted, not extruded) with openings of 1/8 to 3/8 inch and contain the compost -wood chip material while not limiting water infiltration. (3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width offibers 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 208-4, based on the diameter of the log shown onthe plans. Netting shall be a woven cotton or cellulose base mesh that has an approval to compost certification with a maximum mesh size of 0.075 inches and index values as shown in Table 208-5. 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 208-4, based on the specified diameter of the log. 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. 8 10 180 1.6 3/a thickness ness x l/ wick 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 301ong PSP 54 WCR74/33 ROUNDABOUT Table 208-5 INDEX VALUES FOR NATURAL FIBER NETTING Property Requirement Test Method Fabric Tensile Strength Biodegradable Mesh Pattern >70 lbs. 100% Rib ASTM O3822 ASTM D5988 November, 2022 (i) Silt Dikes. Silt dikes shall be pre -manufactured flexible sediment barrier that will fully rebound when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend beyond the foam core a minimum of 8 inches on both sides. Table 208-6 GEOTEXTILE REQUIREMENTS Property Requirement Test Method ate 100--150 gallons per minute/square foot 200 lbs. minimum in each direction 70% of original unexposed grab breaking load after 500 hours ASTM D4491 Grab Breaking Load Ultravio Each silt dike segment shall have the following dimensions: Dimension Len h Geotextile sleeve section to interlock segments >8 inches ASTM D4632 ASTM O4595 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 Hard Surface inch -deep trench with 6 inch nails no than 4 feet D.C. (on center) 1 -inch concrete nails no more than 4 feet O.C. hers 1 -inch washers and solvent -free adhesive (j) Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment required for the concrete washout structure may be excavated material 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, m impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5. Table 208-8 IMPERMEABLE SYNTHETIC LINER REQUIREMENTS Tested Property Test Method Units Value T STM O5199 >30 -1.5 Tear Strength ASTM D1004 ASTM O1790 lbs. >8 pi Pass at -20 (k) Prefabricated Concrete Washout Structure. Prefabricated Concrete Washout Structures shall be one of the following typesunless otherwise shown on the plans: PSP 55 WCR74/33 ROUNDABOUT November, 2022 (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, solidresidual 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, solidresidual 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. (I) (m) (3) The use of disposable plastic swimming pools shall not be allowed. 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: Table 208-9 AGGREGATE GRADATION FOR VEHICLE TRACKING PAD Sieve size 75 mm (3 inch) 50 mm (2 inch) 19.0 mm (3/4 inch) Percent by weight Passing Square Mesh Sieves 100 0-25 0-15 Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion control geotextiles shall be a minimum Class 2, conforming to subsection 712.08 Prefabricated or manufactured vehicle tracking pads shall only be used if specified in the Contract. Multi -use pads shallconsist of industrial grade materials and shall be designed to minimize sediment leaving the project. Minimum dimensions of the modular systems shall be: Table 208-10 MINIMUM DIMENSIONS FOR VEHICLE TRACKING 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 tracking control device. Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: PSP 56 WCR74/33 ROUNDABOUT Table 208-11 AGGREGATE BAG PROPERTIES Diameter (inches) 6-8 Weight (minimum) (pounds per foot) 6' 10 10 12 Rubber used in bags shall be clean, 95 percent free of metal and particulates. November, 2022 Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse Aggregate No. 6. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Table 208-12 GEOTEXTILE PROPERTIES FOR AGGREGATE BAF Property Requirement Test Method Grab Tensile Strength 90 lbs. 'min. ASTM D4632 Trapezoid Tear Strength 25 lbs. min. ASTM D4533 Mullen Burst 300 psi ASTM D3786 Ultraviolet Resistance 70% ASTM D4355 (n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Table 208-13 AGGREGATE BAG DIMENSIONS FOR STORM DRAIN INLET PROTECTION Storm Drain Inlet Protection Properties Protection Types 1Type I 2Type II 3Type III Disrneter 4 in. " 4 m; N/A Minimum Section Length 7 ft. 5 ft. 5 ft. Apron"Insert - 30 in. or siZed to grate 30 in. or sized to grate 'Type I protection shall be used with Inlet Type R. 'Type II protection shall be used with Combination Inlet. Option A or B 'Type III protection shall be used with Vane Grate Inlet only. Option A or B Note: Options A and B are shown on Standard Plan M-208-1. The Storm Drain Inlet Protection (Type I, II, and III) shall consist of a woven geotextile fabric with the following properties: Table 208-14 WOVEN GEOTEXTILE FABRIC FOR STORM DRAIN INLET PROTECTION Property Test Method Unit Requirement Grab:tansile strength : ASTIuI 834632 lbs'. minimum >150x200 Mullen Burst Strength ASTM D3786 lbs. 400 1rapezoid pear Strength ASTM 834533;: lbs minimum 60x60. Percent Open Area COE-22125-86 % >20 Vllater Flow Rate :.° E TI 834411 ga( fr ;tsq. 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 deviceshall 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. PSP 57 WCR74/33 ROUNDABOUT November, 2022 CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction, anon -site Environmental Preconstruction conference shall be held. The conference shall be attended by: (1) The Engineer. (2) The Superintendent. (3) The Contractor's Stormwater Management Plan (SWMP) Administrator. The SWMP Administrator is equivalent to the CDPS-SCP Qualified Stormwater Manager. (4) Supervisors or foremen of subcontractors working on the project. (5) (Deleted) (6) Weld County design professional who prepared or reviewed the Stormwater Management Plan. 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. The Contractor is responsible for ensuring that the inspector meets the definition of a SWMP Administrator. Per Part I.C.2.ix of the CDPS-SCP, the SWMP shall: (i) Document the constraints necessitating an alternative temporary stabilization schedule, provide the alternative stabilization schedule, and identify all locations where the alternative schedule is applicable on the site map. (ii) Describe and locate the methods used to achieve final stabilization of all disturbed areas at the site. (iii) Describe the measures used to establish final stabilization through vegetative cover or alternative stabilization method and describe and locate any temporary controls measures in place during the process of final stabilization. (iv) Describe and locate any planned permanent control measures to control pollutants in stormwater discharges that will occur after construction operations are completed, including but not limited to, detention/retention ponds, rain gardens, stormwater vaults, etc. 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. If such flow is identified, control measures shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP Site Map. PSP 58 WCR74/33 ROUNDABOUT November, 2022 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). 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) (2) (3) (4) (5) Reasons for changing the control measures. Diagrams showing details and locations of all proposed changes. List of appropriate pay items indicating new and revised quantities. Schedules for accomplishing all erosion and sediment control work. 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. Additional modifications and additional control measures will be paid for using the unit prices established for the additional control measures. (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. 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: (1) Complete the SWMP as described in subsection 208.03(d). (2) Participate in the Environmental Pre -construction Conference. (3) Attend weekly erosion and sediment control meetings. (4) (Deleted) (5) Coordinate with the Superintendent to implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. PSP 59 WCR74/33 ROUNDABOUT November, 2022 (6) Coordinate with the Superintendent to ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. (7) During construction, update the SWMP Site Map to reflect current field conditions and include, at a minimum, the following: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD), including areas of borrow and fill. (iii) Limits of Disturbance (LDA). (iv) Areas used for storage of construction materials, equipment, soils, and/or wastes. (v) Location of dedicated asphalt, concrete batch plants, and masonry mixing machines. (Vi) Location of construction offices and staging areas. Nil) Location of work access routes during construction. (viii) Location of waste accumulation areas, including areas for liquid, concrete, masonry, and asphalt. (IX) Location of temporary, interim, and permanent stabilization. (X) Location of outfalls. (xi) Flow arrows that depict stormwater flow directions on -site and runoff direction. (xii) Location of structural and non-structural control measures. (Ali) 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. (At) Location of stream crossings located within the construction site boundary. (XV) Locations where alternative temporary stabilization schedules apply. (8) The SWMP shall reflect the field conditions and shall be amended to reflect the date and control measures, including the following: (i) A change in design, construction, operation, or maintenance of the site which would require the implementation of new or revised control measures; or (II) Changes when the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. (iii) Changes when control measures are no longer necessary and are removed. (iv) Corrective actions that are taken onsite and result in a change to the SWMP. (v) 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 must ensure the site changes are reflected in the SWMP. The Contractor is noncompliant with the permit until the SWMP revisions have been made. (9) Complete vegetative survey transects when required in accordance with CDOT Erosion Control and Stormwater Quality Guide. (10) Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. (11) Document all inspection and maintenance activities. Keep the SWMP and documentation on the project site. PSP 60 WCR74/33 ROUNDABOUT November, 2022 (12) When adding or revising control measures in the SWMP, add a narrative explaining what, when, where, and why the control measure is being used, and add a detail to the SWMP. (i) How to install and inspect the control measure. (ii) Where to install the control measure. (iii) When to maintain the control measure. (13) If using existing topography, vegetation, etc. as a control measure, label it as such on the SWMP Site Map; add anarrative as to when, where, why, and how the control measure is being used. (14) 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. (15) Record on the SWMP, the approved Method Statement for Containing Pollutant Byproducts. (16) Update the potential pollutants list in the SWMP and Spill Response Plan throughout construction. (17) Do not use vegetative buffers as a sole control measure. Use them only as the final stage of a treatment train. 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. (1) ECI duties shall be as follows: (i) Coordinate with the SWMP Administrator on reporting the results of inspections and how to install and inspect the control measure. (ii) 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. If maintenance is needed for the control measures, the SWMP Administrator, Superintendent, and Project Engineer shall be notified. Any identified maintenance shall be promptly performed by the Contractor. It is Weld County's intent for the Contractor to be performing daily inspection and maintenance on the erosion control measures. If the Contractor is performing daily maintenance on the control measures, there should be very few findings on the weekly SWMP inspections. (iii) Inspect with the Superintendent and the Engineer (or their designated representatives) the stormwater management system at least every seven calendar days. 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. 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 prior to the Engineer's PSP 61 WCR74/33 ROUNDABOUT November, 2022 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. (iv) Per Part I.D.4 of the CDPS-SCP, site inspections may be performed at a reduced frequency when one or more of the following conditions exist: a. Post -storm inspections at temporarily idle sites — If no construction activities will occur following a storm event, post -storm inspections shall be conducted prior to 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 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 except for 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. (2) The order of precedence for required inspections shall be as follows: (i) (Deleted) (ii) Post -storm event inspections (iii) Seven-day inspections 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 water quality routine audit is conducted if 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. (3) 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: (i) Construction site perimeter (ii) All disturbed areas (iii) Designated haul routes (iv) Material and waste storage areas exposed to precipitation PSP 62 WCR74/33 ROUNDABOUT November, 2022 (v) Locations where stormwater has the potential to discharge offsite (vi) Locations where vehicles exit the site (vii) Locations of installed control measures (viii) Per Part I.D.3 of the CDPS-SCP, site inspections shall be conducted at least once every 7 calendar days for sites that discharge to a water body designated as an Outstanding Water by the CDPHE — Water Quality Control Commission. (4) Inspections shall include the following: (i) Visually verify whether all implemented control measures are in effective operational condition and are working as designed in their specifications to minimize pollutant discharges. (ii) Determine if there are new potential sources of pollutants. (iii) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measuresto minimize pollutant discharges. (iv) Identify all areas of non-compliance with the permit requirements and, if necessary, implement corrective action in accordance with the CDPS-SCP. Follow all other agency Stormwater requirements and inspections unless a waiver or other agreement has been made. (5) 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: (i) Noncompliance which may endanger health or the environment, regardless of the cause of the incident. (ii) Unanticipated bypass which exceeds any effluent limitations in accordance with the CDPS-SCP. (iii) Upset conditions which causes an exceedance of any effluent limitation in accordance with the CDPS-SCP. (iv) 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. (v) The written report shall also be provided to the Engineer and a copy shall be placed in the SWMP notebook. (6) Document spills, leaks, or overflows that result in the discharge of pollutants on the Form 1176. The ECI shall recordthe 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 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 (1) through (4), and (18) as listed below, when available. The Contractor shall provide the contents required for items (5) through (17) as well as items (1) through (4) and (18) when they were unavailable to Weld County. The SWMP shall be stored in the Weld County field office or at mother 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.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. PSP 63 WCR74/33 ROUNDABOUT November, 2022 Per Part I.C.4 of the CDPS-SCP, a copy of the SWMP must be provided upon request to the CDPHE, EPA, and my local agency with authority for approving sediment and erosion plans, grading plans, or stormwater management plans. If the SWMP is required to be submitted to any of these entities, the submission shall include a signed certification certifying that the SWMP is complete and compliant with all terms and conditions of the permit. The certification shall state: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquire of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." The SWMP required under the CDPS-SCP are considered reports that must be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the CDPS regulations. The Contractor shall make plans available to members of the public upon request. However, the Contractor may claim any portion of the SWMP as confidential in accordance with 40 CFR Part 2. The following Contract documents and reports shall be kept, maintained, and updated in the SWMP under the appropriate items by the SWMP Administrator: (1) SWMP Plan Sheets —Notes, tabulation, site description. The SWMP site description shall include, at a minimum, the following: (i) The nature of the construction activity at the site. (ii) The proposed schedule for the sequence for major construction activities and the planned implementation ofcontrol measures for each phase. (Clearing, grading, utilities, vertical, etc.) (iii) 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. (iv) 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. (v) 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. (vi) A description of any allowable non-stormwater discharges at the site, including those being dischargedunder a division low risk discharge guidance policy. (vii) A description of areas receiving discharge from the site. Including a description of the immediate sourcereceiving 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). (viii) A description of all stream crossings located within the construction site boundary. (ix) A description of the alternative temporary stabilization schedule, if applicable. (x) A description of the alternative diversion criteria as approved by CDPHE, if applicable. (2) SWMP Site Maps and Project Plan Title Sheet. PSP 64 WCR74/33 ROUNDABOUT November, 2022 (3) Specifications — Standard and project special provisions related to stormwater and erosion control. (4) Standard Plans M-208-1, M-216-1, and M-615-1. (5) Control Measure Details not in Standard Plan M-208-1 —Non-standard details. (6) Weekly meeting sign -in sheet and weekly meeting notes. (7) Calendar of Inspections — Calendar of inspections marking when all inspections take place. (8) Contractor Stormwater Field Inspection Reports (Forms 1176, 1177, 1388). (9) All Water Quality Audit Reports and Form 105(s) relating to Water Quality. (10) Description of Inspection and Maintenance Methods — Description of inspection and maintenance methods implemented at the site to maintain all control measures identified in the SWMP and items not addressed inthe design. (11) Spill Prevention and Response Plan — Per Part I.C.2.a.ii of the CDPS-SCP, the plan may incorporate by reference any part of a Spill Prevention Control and Countermeasure (SPCC) plan under Section 311 of the Clean Water Act (CWA) or Spill Prevention Plan required by a separate CDPS Permit. Reports of reportable spills submitted to CDPHE. (12) List and Evaluation of Potential Pollutants — List of potential pollutants as described in subsection 107.25 and approved Method Statement for Containing Pollutant Byproducts. Per Part I.C.2.a.iv of the CDPS-SCP, the SWMP shall describe the handling procedures of all control measures implemented at the site to minimize impacts from handling significant materials that could contribute pollutants to runoff These handling procedures may include control measures for pollutants and activities such as, exposed storage of building materials, paints and solvents, landscape materials, fertilizers or chemicals, sanitary waste material, trash and equipment maintenance or fueling procedures. Per Part 1.C.2.a.v of the CDPS-SCP, potential sources of pollution which may be expected to affect the quality of stormwater discharges associated with construction activity from the site include but are not limited to: (i) Disturbed and stored soil. (li) Vehicle tracking of sediments. (Ili) Management of contaminated soil. (iV) Loading and unloading operations. (V) Outdoor storage activities (erodible building materials, fertilizers, chemicals, etc.). (Vi) Vehicle and equipment maintenance and fueling. (Vii) Significant dust or particulate generating processes (saw cutting materials, dust, etc.). (Viii) Routine maintenance activities involving fertilizers, pesticides, herbicides, detergents, fuels, solvents, oils, etc.). (iX) On -site waste management practices (waste piles, liquid wastes, dumpster, etc.). (X) Concrete truck/equipment washing, including the washing of the concrete truck chute, and associated fixtures and equipment. (Xi) Dedicated asphalt, concrete batch plants, and masonry mixing stations; and (Xi i) Non -industrial waste sources such as worker trash and portable toilets. (13) 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. PSP 65 WCR74/33 ROUNDABOUT November, 2022 (14) TECS Certifications of the SWMP Administrator and all ECIs, kept current through the life of the Project. (15) Environmental Pre -construction Conference — Conference agenda with a certification of understanding of theterms 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. (16) Project Environmental Permits — All project environmental permits and associated applications and certifications, including: CDPS-SCP, Senate Bill40, USACE 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. (17) Photographs Documenting Existing Vegetation — Project photographs shall include the following information withthe record: project number, project code, name of the person who took the picture, date and time the picture was taken, and location and approximate station number or mile marker. The Contractor shall submit photographs documenting existing vegetation, prior to construction commencing, on paper with a maximum of four colored images per side of 8 1/2 inch by 11 -inch sheet or a digital copy on CD-ROM/Flash Drive (JPG format) as directedby the Engineer. (18) Permanent Water Quality Plan Sheets — Plan sheets and specifications for permanent water quality structures and riprap. Per Part I.C.2.ix of the CDPS-SCP, the SWMP shall: (i) Document the constraints necessitating an alternative temporary stabilization schedule, provide the alternative stabilization schedule, and identify all locations where the alternative schedule is applicable on the site map. (ii) Describe and locate the methods used to achieve final stabilization of all disturbed areas at the site. (iii) Describe the measures used to establish final stabilization through vegetative cover or alternative stabilization method and describe and locate any temporary controls measures in place during the process of final stabilization. (iv) Describe and locate any planned permanent control measures to control pollutants in stormwater discharges that will occur after construction operations are completed, including but not limited to, detention/retention ponds, rain gardens, stormwater vaults, etc. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. The SWMP Administrator shall finalize the SWMP for Weld County use upon completion of the project. The Engineer shall approve SWMP completeness. Corrections to the SWMP shall be made at the Contractor's expense. 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 must 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: PSP 66 WCR74/33 ROUNDABOUT November, 2022 (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings: The Engineer, the Superintendent, and the SWMP Administrator shall conduct a weekly meeting with supervisors involved in construction activities that could adversely affect water quality. The meeting shall follow an agenda prepared by the Contractor, or a designated representative, and have a sign in sheet on which the names of all attendees shall be recorded. The SWMP Administrator shall take notes of water quality comments and action items at each weekly meeting and place the agenda and sign in sheet in the SWMP. At this meeting the following shall be discussed and recorded in tab 6 of the SWMP: (1) Maintenance, regular, recalcitrant, chronic, and severe inspection findings. (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 to proactively phase control measures. All subcontractors not in attendance at the Environment Pre -construction Conference shall be briefed on the project bythe 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. 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 preapprovedcontainment 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 Contractorshall 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, PSP 67 WCR74/33 ROUNDABOUT November, 2022 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 resultingin the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures. Implementation of these additional measures will be paid for at contract unit prices. (c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside Weld County ROW and outside easements acquired by Weld County for construction, are the responsibility of the Contractor. These areas shall be subject to a separate CDPS-SCP and all other necessary permits, as they are considered a common plan of development if within a'' '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 (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 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 I.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: (1) Application of 1.5 tons per acre of mechanically crimped certified weed free hay or straw in combination withan approved organic mulch tackifier. (2) Placement of bonded fiber matrix in accordance with Section 213. (3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. (4) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, PotassiumChloride, and Sodium Chloride or other salt products shall not be used as a stabilization method. PSP 68 WCR74/33 ROUNDABOUT November, 2022 (5) Topsoil stockpiles shall receive interim stabilization unless specified in accordance with Section 207 as adifferent material than the other disturbed areas on -site. 3. Summer and Winter Stabilization. Summer and winter stabilization is defined as stabilization during months when seeding is not permitted. As soon as the Contractor knows shutdown is to occur, 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, 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. Per Part I.B.l.a.iii.b.3.b and c of the CDPS-SCP, the Contractor shall ensure all temporary control measures are removed from the construction site once final stabilization is achieved, except when the control measure specifications allow the control measure to be left in place (i.e., bio-degradable control measures). (8) Maintenance. Per Part I.B.l.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. Erosion and sediment control practices and other protective measures identified in the SWMP as control measures for stormwater pollution prevention shall be maintained in effective operating condition until the CDPS-SCP has been transferred to Weld County. Control measures shall be continuously maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment when silt depth is more than the effective height of the erosion control device shown in Section 208.05. When possible, the Contractor shall use equipment with an operator rather than labor alone to remove the sediment. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain control measures shall be repaired at the Contactor's expense. Complete site assessment shall be performed as part of comprehensive inspection and maintenance procedures to assess the adequacy of control measures at the site and the necessity of changes to those control measures to ensure continued effective performance. Where site assessment results in the determination that new or replacement control measures are necessary, the control measures shall be installed to ensure continuous effectiveness. When identified, control measures shall be maintained, added, modified, or replaced 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 as part of the lump sum price for Erosion Control (Interim Condition). PSP 69 WCR74/33 ROUNDABOUT November, 2022 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 like 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 onembankment, 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. Failures shall be immediately repaired or replaced at the Contractor's expense. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. If the erosion bale fails, it shall be immediately repaired or replaced at the Contractor's expense. (c) Silt Fence. Silt fence shall be installed in locations specified in the Contract. If the silt fence fails, it shall be immediately repaired or replaced at the Contractor's expense. The Contractor shall remove all accumulated sediment and debris from behind the silt fence when the fence has 6 or more inches of accumulated sediment or as directed by the Engineer. (d) Temporary Berms. Berms shall be constructed to the dimensions shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. The Contractor shall remove all accumulated sediment and debris from behind the temporary berms when the berm 6 or more inches of accumulated sediment or as directed by the Engineer. (e) Temporary Diversion. Diversions shall be constructed to the dimensions shown in the Contract and graded to drain toa designated outlet. The berm shall be sufficiently compacted to prevent erosion or failure. If the diversion erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (f) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. Temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. If the temporary slope drain fails, it shall be immediately repaired or replaced at the Contractor's expense. (g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms PSP 70 WCR74/33 ROUNDABOUT November, 2022 shall be installed on top of soil retention blanket or turf reinforcement blanket. If the silt berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. If the rock check dam fails, it shall be immediately repaired or replaced at the Contractor's expense. 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. (i) Riprap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1 -foot minimum. Riprap size shall be as shown on the plans. If the riprap outlet protection fails, it shall be immediately repaired or replaced at the Contractor's expense. (j) Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. If the inlet protection fails, it shall be immediately repaired or replaced at the Contractor's expense. The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from eachType 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. (1) (m) (n) 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(1). 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 '/z the height of the log. If the log fails, it shall be immediately repaired or replaced at the Contractor's expense. 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. PSP 71 WCR74/33 ROUNDABOUT November, 2022 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 duringor 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. (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 z/, the storage capacity of the washout structure. (0) (p) (q) Prefabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: (1) (2) (3) (4) (5) (6) (7) (8) (9) 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. 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. The site shall be accessible to appropriate vehicles. Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. Do not add solvents, flocculants, and acid to wash water. Concrete waste, liquid and solid, shall not exceed 2/3 the storage capacity of the washout structure. Do not move prefabricated structures when they contain liquid, unless otherwise approved. The concrete washout structure shall be installed and ready for use prior to concrete placement operations. Check and maintain washout areas as required. Do not allow on -site permanent disposal of concrete washout waste. All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. Delivery to the site shall not occur until written acceptance is provided by the Engineer for both the product and the concrete waste disposal facility. 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. Delivery to the site shall not occur until written acceptance is provided by the Engineer for the prefabricated VTP. 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. PSP 72 WCR74/33 ROUNDABOUT November, 2022 (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. (r) (3) All silt shall be removed, and the pond returned to the design grade and contour prior to project acceptance. 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 placed to conform to the surface without gaps to ensure that discharge water does notcause erosion. The Contractor shall remove all accumulated sediment and debris when the sediment accumulation reaches Y, 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. 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 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 Engineershall 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 cm 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. PSP 73 WCR74/33 ROUNDABOUT (4) Quantities of chemicals and locations stored on -site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. November, 2022 (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 (LDA). The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other activities which would disturb existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the CDPS-SCP application and indicate changes to locations and quantities on the SWMP. The Contractor shall report the changes and additionaldisturbances 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.l .c. of the CDPS-SCP, the Contractor 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 liquidated damages from the County and/or monetary penalties from CDPHE for which the Contractor is responsible. As a co-Permittee, Weld County has implemented the following procedures to ensure the Contractor is meeting the CDPS-SCP, Section 107.25, and Section 208 requirements. The Engineer will identify and document findings not in compliance with the Water Quality Specifications, as specified in subsection 208.09(a)(7), during regular water quality control inspections, during monthly water quality control audits, or observation by the Engineer. The Engineer will immediately notify the Contractor of these findings by issuing 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. Corrective actions must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. (a) Definitions. 1. (Deleted). PSP 74 WCR74/33 ROUNDABOUT November, 2022 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 Weld County or by Engineer observation, which is noncompliant with the Water Quality Specifications, as Specified in 208.09(a)(7) and/or the CDPS-SCP. The timelines noted in Section 208.09(b) do not indemnify the Contractor from failing to comply with CDPS-SCP timelines for corrective actions. A Finding will be classified as one of the following: (1) Regular Finding. A situation upon inspection that is in noncompliance with the Water Quality Specifications. (2) 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. (3) 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) Maintenance Finding. A low -risk event as determined by the Engineer or MS4 Coordinator. Compliance assistance events are not considered Findings and not subject to the Regulatory Mechanism noted in subsection 208.09(b). Two or more maintenance findings in the same general area over the last three water quality inspections shall be called a Regular Finding. 4. Inspection Form 105. The Form 105 issued by the Engineer documenting findings from water quality inspections in accordance with subsection 208.03(c). 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 fmding. 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. 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 PSP 75 WCR74/33 ROUNDABOUT November, 2022 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 11:59 PM on the date the Inspection Form 105 is issued. The Contractor shall have no more than a 24 -hour grace period to correct the Regular Finding before Liquidated Damages are assessed. The grace period extends until 11:59 PM on the day after the Inspection Form 105 was issued. 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 the 24 -hour grace period. At 11:59 PM on the 2"d day after the Form 105 was issued, each uncorrected, Regular Finding will be assessed as recalcitrant, and the Engineer will issue a project -wide stop work order. 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: (1) A description of each Recalcitrant Finding. (2) Why the corrective action for each Recalcitrant Finding was not implemented within 2 days. (3) 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. If the Contractor fails to perform corrective work by the end of the second day, 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. 2. Severe Finding. In response to a Severe Finding, the Engineer will issue Inspection Form 105 and immediately assess Liquidated Damages of $3,500 per Severe Finding. Severe Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)(1)). Liquidated damages will accrue at $3,500 per Severe Finding per calendar day beginning at 11:59 PM of day the Inspection Form 105 is issued. PSP 76 WCR74/33 ROUNDABOUT November, 2022 (1) 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. (2) 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 immediately perform corrective work, 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. 3. Chronic Finding. In response to a Chronic Finding, the Engineer will issue Inspection Form 105 and immediately assess Liquidated Damages of $1,500 per Chronic Finding. Chronic Findings shall not be eligible for the twenty -four-hour grace period (subsection 208.09(b)). Liquidated damages will accrue at $1,500 per Chronic Finding per day beginning at 11:59 PM of day the Inspection Form 105 is issued. 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 immediately perform corrective work, 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. (4) Maintenance Finding. The time required to repair a Maintenance Finding shall begin immediately upon its discovery and shall be completed by the end of the construction day. If the repairs are not completed by the end of the construction day, the finding shall revert to a Regular Finding and shall be subject to the penalties outlined above in Section 208.09(b)(1). (c) Deferment. If the Contractor seeks deferment because an erosion control finding cannot be corrected immediately upon discovery, the Superintendent shall submit a deferment request to the Engineer by 11:59 PM of the day after the issuance of Inspection 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: PSP 77 WCR74/33 ROUNDABOUT November, 2022 (i) Methodology to protect water quality until each deferred Finding is corrected aid accepted. (ii) Milestones to measure progress toward completion. (iii) Additional control measures to be implemented until each deferred Finding is corrected and accepted. (iv) 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. The Engineer will issue a Form 105 accepting or rejecting the deferment request by 11:59 PM of the second day after the Inspection Form 105 documenting the Regular Finding is issued. Weld County will not accept a deferment for operational error, improperly installed control measures, inadequate control measures, lack of preventative maintenance, careless or improper operation, or other non -proactive reason. 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 11:59 PM on calendar day two 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. These Liquidated Damages will start on the date the uncorrected work was deferred to be completed (subsection 208.09(c)(3)). In addition, Liquidated Damages of $1,500 per calendar day will be assessed retroactively to 11:59 PM of the day the finding was originally noted on the Inspection 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: (1) Snow covers the entire site for an extended period. (2) Melting conditions posing a risk of surface erosion do not exist. The Contractor shall request a Winter Exemption to the Engineer. If approved, the Engineer will issue a Form 105 and recognize the exemption to subsection 208.09(b). The Contractor shall also update the PSP 78 WCR74/33 ROUNDABOUT November, 2022 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. (t) Routine Water Quality Audits. Routine water quality 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 a minimum of once per month but may occur more frequently or reduced based upon the history of compliance with the CDPS-SCP and the provisions of Section 208. The results of the audit will be sent to the Engineer to determine appropriate enforcement actions. 208.10 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed inaccordance 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 per CDOT's Survey Manual (AutoCAD to GIS and TMOSS Codes), 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 SWMP Administrator 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 and SWMP Administrator. (c) Locations of Temporary Control Measures. The Engineer will identify locations where modification, cleaning, or removal of temporary control measures are required and will provide these in writing to the Contractor. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of control measures to remain on the project site. All punch list and walkthrough items shall be completed by the Contractor and accepted by the Engineer prior to the request for partial acceptance of the water quality control work. METHOD OF MEASUREMENT 208.11. Erosion Control Management (ECM) will be measured as the actual number of days of ECM work performed regardless of the number of personnel required for SWMP Administration and 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 Y. 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. It is Weld County's intent for either the SWMP Administrator or Erosion Control Inspection to be onsite daily to perform informal inspections of the SWMP plan and perform maintenance activities. To be paid for any ECM time, the SWMP Administrator and/or the ECI shall sign in and out at the Weld County field office. 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. PSP 79 WCR74/33 ROUNDABOUT November, 2022 BASIS OF PAYMENT 208.12. Payment for ECM and control measures at the Contract unit price for each of the items listed below that appear in the bid schedule. Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. Surface roughening and vertical tracking (temporary stabilization) will not be measured and paid for separately but shall be included in the work. Payment for each control measure item will be full compensation for all work and materials required to furnish, install, maintain, and remove the control measure when directed. Payment for Removal and Disposal of Sediment (Equipment) will be full compensation for use of the equipment, including the operator. Payment for Removal and Disposal of Sediment (Labor) will be full compensation for use of the labor. Payment for concrete washout structure, whether constructed or prefabricated, will be full compensation for all work and materials required to install, maintain, and remove the item. Maintenance and relocation, as required, of these structures throughout the duration of the project will not be measured and paid for separately but shall be included in the work. Silt berm spikes and wood spikes will not be measured and paid for separately but shall be included in the work. When required, soil retention blankets will be measured and paid for in accordance with Section 216. Compost and wood stakes for Erosion Log (Type 2) will not be measured and paid for separately but shall be included in the work. Spray -on mulch blankets required by the Contract, including those used in both interim and final stabilization, will be measured, and paid for in accordance with Section 213. 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. Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212,213, 216, and 506. All work and materials required to perform the permanent control measure survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for control measures replaced as approved by the Engineer. Temporary erosion and sediment control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 8 payitems for the period after expiration of the contract time. These items shall be provided at the Contractor's expense. END OF SECTION PSP 80 WCR74/33 ROUNDABOUT REVISION OF SECTION 212 SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING November, 2022 Section 212 of the Standard Specifications is hereby deleted for this project and replaced with the following: Subsection 212.01 shall be revised to include the following: Multiple seeding operations shall be anticipated as portions of the job are completed to take advantage of growing conditions and to comply with Section 208 and this section. Subsection 212.02(a) shall be revised to include the following: The seed mix identified for use on this project is outlined below. Common Name Pounds PLS/Acre Western wheatgrass (Arriba, Barton, Rosana) 2.50 Blue Grama (Hachital, Lovington) 1.50 Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 Smooth Brome (Lincoln, Manchar) 2.00 Sand dropseed 0.25 Perennial Ryegrass (Calibre or Garibaldi tetraploid) 0.75 Slender Wheatgrass (Pryor, Revenue, or San Luis) 2.50 Alkaligrass (Fults II, Salt on Sea) 1.25 Switchgrass (Nebraska 28, Blackwell) 1.50 Total 14.00 WB-cedar wheat or approved equivalent shall be used as a nurse crop and shall be added to the Seed Mixtures at a rate of 15 PLS per acre. Native grass and nurse crop seeding shall be done using the appropriate seed drill. Subsection 212.02(b) shall be revised to include the following prior to paragraph 1: Soil in all areas to receive native seed shall be fertilized and conditioned as identified by the topsoil test recommendations outlined in Section 207. Delete the fifth paragraph, Subsection 212.02(b) which starts with "The application rate of the organic fertilizer ...." and replace with the following: 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 CSU Soil Testing Laboratory. In the absence of an application rate shown on the plans or a recommendation from the CSU 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. Subsection 212.02(c) shall be revised to include the following prior to paragraph 1: Soil in all areas to receive native seed shall have compost applied as identified by the topsoil test recommendations outlined in Section 207. Delete the first sentence of paragraph 3, Subsection 212.02(c) and replace with the following: 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 PSP 81 WCR74/33 ROUNDABOUT November, 2022 property analysis, the acceptance of that product will be discontinued. Copies of the failing test reports will be furnished to the USCC. Delete the first paragraph of Subsection 212.02(c)(1) and replace with the following: 1. Compost for permanent seeding soil conditioner locations onsite shall be as shown on the plans. Application rates shall be as shown on the plans or at the rate recommended by the CSU Soil Testing Laboratory. In the absence of an application rate being provided on the plans or from the CSU Soil Testing Laboratory, the application rate for compost shall be 8 tons/acre. Delete Subsection 212.02(d) and replace with the following: (d) Biotic Soil Amendments (Hydraulically Applied). The soil conditioner shall be Biotic Earth Black hydraulic growth medium (HGM) or approved equivalent. In order to be considered an equivalent to Biotic Earth Black, the submitted HGM shall meet or exceed every specification category. The HGM shall be composed from a combination of thermally and mechanically processed straw and flexible flax fibers; sphagnum peat moss or certified compost and other organic growth enhancing additives. HGMs shall be based on their composition for different soil building, vegetation establishment and erosion control characteristics. In addition to the HGM, the CSU 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. Biotic soil amendments shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 °F. The HGM shall be applied at a rate of 4,500 pounds/acre unless otherwise specified by the CSU 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 HGM shall be a minimum of 40% by volume of thermally and mechanically processed straw, flexible flax fibers; a minimum of 58% by volume of sphagnum peat moss or compost, and a minimum of 2% by volume of additional materials that provides plant derived valuable trace minerals, sugars, starches, proteins, fiber and amino acids, growth stimulant/regulator, and mycorrhiza inoculants. 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 in accordance with subsection 106.13. The use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be in accordance with 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. Subsection 212.02(g) shall be revised to include the following Table 212-13: The elemental sulfur application rate shall be at the rate specified on the plans or as recommended by the CSU Soil Testing Laboratory. Delete the first paragraph of Subsection 212.03 and replace with the following: PSP 82 WCR74/33 ROUNDABOUT November, 2022 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days prior to start of seeding work. The Contractor shall provide copies of items (1) - (14) listed below 5 days before the Pre -vegetation Conference in accordance with Section 207. Delete Table 212-14 and replace with the following: Table 212-14 Seeding Seasons Zone Spring Seeding Fall Seeding (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried'/z inch into the surface soil (topsoil) through normal drill seeding methods. (2) "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed N inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. Delete the second paragraph of Subsection 212.05 and replace with the following: All amendments shall be applied based on the seeding method and rates specified on the plans or recommended by CSU Soil Testing Laboratory. All seed shall be done in accordance with the rates specified in the Specifications. Delete the third and fourth paragraphs of Subsection 212.05. Delete Subsection 212.05(a) and replace with the following: (a) Seeding (Native) Drill. (i) 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 more than 4 inches in any dimension and brought to the desired line and grade. Roll, rake and remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can be planted within 24 hours after fine grading has been completed. No additional payment will be made if the Contractor must complete fine grading or for fine grading more than one time. (ii) 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 Subsection 212.02(g) above. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Contract 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 tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For projects that will utilize aggregate or recycled asphalt shouldering material amendments, tillage is not required under shouldering material. Projects seeding up to the edge of pavement, tillage is not required for first 12" from the edge of pavement. PSP 83 WCR74/33 ROUNDABOUT November, 2022 When fertilizers are required, the Contractor shall uniformly apply fertilizer on the surface of the topsoil using an agricultural spreader and then work it into the soil to a depth of four inches (4") with a disc, spring tooth harrow or other suitable equipment. When HGM is required, the HGM shall be mixed in the tank following the procedures outlined below: 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 prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 5. Continue filling tank with water to approximately N full and begin adding bags of HGMs. 6. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. 7. Add seed and/or other amendments to slurry as required. 8. 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. (iii) 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 more than 4 inches in any dimension in accordance with Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. (iv) 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 prior to 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 % inch and not more than'/ 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. (1) Measure the total width (W) of the drill seeder in feet. (2) Count the number of drill rows (N) on the seeder. (3) On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. (4) 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 PSP 84 WCR74/33 ROUNDABOUT November, 2022 F/C = number of rotations (R) of the tire per acre (5) Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) (6) Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. (7) 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 / % PLS = Required bulk seed per acre in LBS (8) 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 (9) 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 (10)Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. (11)With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS number of times. Use the value stem to count the rotations. (12)Using the scale, weigh the seed in the collection cup. (13)Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. (v) 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 A 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 prior to 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. 7. Fertilizer and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. 8. Add seed and/or other amendments to slurry as required. 9. Completely fill tank with water and allow slurry to mix for a minimum of 5 minutes or until all HGMs are mixed into a consistent slurry. PSP 85 WCR74/33 ROUNDABOUT November, 2022 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 the 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. All seeded areas will then be raked and rolled to the desired finished grades with gently sloping surfaces to adequately drain all surface water runoff. Permanent stabilization mulching shall be accomplished within 24 hours of drill seeding. Subsection 212.05(b) shall be revised to include the following prior to the first paragraph: 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 cast to the project. If hydraulic seeding is approved, the hydraulic seeding shall be completed as outlined below. Delete Subsection 212.05(b)(ii) and replace with the following: (ii) Biotic Soil Amendment, Fertilizer, 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: 10. Fill tank with water to a level where the paddles are N covered and may be activated. 11. Activate the mechanical agitation system. 12. Prime pump and any discharge hoses before adding any HGMs. 13. 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 prior to adding HGMs. See manufacturer application rate chart for amounts of specific Soil Stabilizer & Tackifier and HGMs. 14. Continue filling tank with water to approximately 3 full and begin adding bags of HGM. 15. All quantity of HGMs should be added before the water level reaches 85% of the tank's capacity. 16. Add seed and/or other amendments to slurry as required. 17. 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. 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 the Department. The PSP 86 WCR74/33 ROUNDABOUT November, 2022 Contractor may be required to apply slurry using multiple hoses to ensure uniform application to all areas of the site. Coverage rates shall be based on the volume of material in the tank, as verified by the Engineer. Areas of lighter applications (covering more area than what is calculated) will require additional application, as directed at no additional cost to the County. An appropriate curing period shall be in accordance with manufacturer's recommendations and shall consider forecasted weather conditions. Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. Subsection 212.05(c) shall be revised to include the following immediately after the first paragraph: Broadcasting seed will be permitted only on small areas that are not accessible to machine methods. Delete the first paragraph of Subsection 212.05(c)(i) and replace with the following: (i) Fertilizing, Compost, and Elemental Sulfur. When fertilizing, compost, and elemental sulfur is required, 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 CSU Soil Testing Laboratory. All competitive non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Delete the second paragraph of Subsection 212.05(c)(iii) and replace with the following: Areas shall be seeded by broadcast -type seeders (cyclone or approved mechanical seeders). The Contractor shall increase the Seed Plan rates (LBS PLS / Acre) by 2 times at no additional cost to the County. Subsection 212.09 shall be revised to include the following: Fertilizer, compost, and elemental sulfur, if identified as separate pay items in the Contract, will not be measured but shall be the quantities designated in the Contract, except those 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. Subsection 212.10 shall be revised to include the following: Unless specifically identified as separate pay items in the Contract, 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. The addition of Mycorrhiza will not be measured and paid for separately but shall be included in the work. END OF SECTION PSP 87 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 216 SOIL RETENTION COVERING Section 216 of the Standard Specifications is hereby deleted for this project and replaced with the following: Delete Subsection 216.01 and replace with the following: 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). In Subsection 216.02(a) delete Table 216-2 and replace with the following: Table 216-2 PERFORMANCE REQUIREMENTS FOR SOIL RETENTION BLANKET - PHOTODEGRADABLE OR BIODEGRADABLE BLANKETS Product Class Slope Application "C" Factor' ASTM D 6459 Channel Application Permissible Shear Stress2 (Un-vegetated) ASTM D 6460 Minimum Tensile Strength ASTM D 6818 0.1063:1 00 Ibs/sf 100 (bs/ff 125 lbs/ft 2 < 0.1093:1 2.25 lbs/sf ► of soil toss from soil retention bla h:v) to ratio of telt lost from unprr hum shear Oats:soil loss when it is "u tiring a 30 -minute flow eve suss rt . Failure is Subsection 216.02(b) shall be revised to include the following: 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. In Subsection 216.02(b) delete Table 216-4 and replace with the following: PSP 88 WCR74/33 ROUNDABOUT Table 216-4 PERFORMANCE REQUIREMENTS FOR TURF REINFORCEMENT MAT November, 2022 Specification Product Name', LandLok 450 Pyramat 50 Pyramat 75 Thickness ASTM D-6525 (in) 0.50 0.30 0.40 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 xft) 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 % inch of soil loss during a 30 -minute flow event in large scale testing. In Subsection 216.02(c) delete paragraph one and replace with the following: 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. In Subsection 216.08 delete all paragraphs following the payment table and replace with 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 TRM. Staples will not be paid for separately but shall be included in the work. END OF SECTION PSP 89 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTIONS 304 AND 703 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is hereby revised for this project as follows: Subsection 304.01 shall be revised to include the following: This work consists of furnishing and placing aggregate as shouldering material adjacent to the edges of pavement. This work consists of furnishing and placing aggregate as surface material on the gravel roadways as designated in the plans. Aggregate Base Course (RAP) consists of hauling to the site and placing one or more courses of asphalt millings on a prepared surface in conformity with the lines, grades, and typical sections shown on the plans or established. Equipment used in grade control of the base course shall be rubber tired or soft track to protect against gradation breakdown. A steel tracked dozer shall not be used for grade control. Pneumatic and/or steel wheel vibratory rollers shall be used to achieve compaction of the aggregate base course. Subsection 304.02 shall be revised to include the following: Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03. The aggregate base course (Class 6) must meet the gradation requirements and have a resistance value of at least 69 when tested by the Hveem Stabilometer method. Materials for Aggregate Base Course (Shouldering) shall meet all the requirements for Class 6. Materials for Aggregate Base Course (Surface Gravel) shall meet all the requirements in Section 703.03. Approval of the surface gravel will be contingent on material meeting the requirements in Table 703-3. The material shown on the plans as Aggregate Base Course (RAP) may be generated on site from item 202 — Removal of Asphalt Mat (Planing). Should the Contractor elect to supply any or all the Aggregate Base Course (RAP) from a Contractor source, then this material shall meet the requirements of subsection 703.03 Subsection 304.03 shall be revised to include the following: Commercial Mineral Fillers will not be allowed in Aggregate Base Course (Shouldering) or in Aggregate Base Course (Surfacing). Subsection 304.04 shall be revised to include the following: A device capable of placing the shouldering material in its final position shall be used. The device is subject to the Engineer's approval. Dumping of shouldering material on the roadway surface will not be permitted. Any roadway and/or shoulder damage shall be removed by milling 2 inches of material from the roadway and replacing it to the nearest longitudinal or transverse joint at no additional cost to the Department. Delete Subsection 304.06, paragraph 4 and replace with the following: Shouldering material shall be compacted initially after placement with approved rubber -tired equipment. Shouldering material shall be wetted to achieve proper moisture content and shall achieve a compacted density of at least 95% of the modified proctor maximum density value. A water truck and or loaded bucket loader can be used for wheel rolling compaction on shoulder material. A heavy plate tamper may be needed. Subsection 304.07 shall be deleted and replaced with the following: The Contractor shall be aware that the plan quantities are based upon unit weight and in -place density, as describe in the Plans. The Contractor's bid unit cost shall account for differing unit weights intended to be furnished to the project as no quantity adjustments will be made for differing unit weights. The Project Inspector will verify that the PSP 90 WCR74/33 ROUNDABOUT November, 2022 plan quantity has been incorporated into the project utilizing information from delivery tickets furnished by the material supplier. Failure to comply with the requirements of this subsection shall be grounds for withholding of progress payments. At the sole discretion of Weld County, failure to comply with the requirements of this subsection shall be grounds for replacement of damaged roadway sections by the contractor at no cost to the County. Section 703 of the Standard Specifications is hereby revised for this project as follows: Table 703-2 shall be deleted and replaced with the following: Table 703-2 CLASSIFICATION FOR AGGREGATE BASE COURSE Sieve Designation Mass Percent Passing Square Mesh Sieves LL not greater than 35 LL not greater than 20 Surface Gravel Standard (mm) Mesh (in) Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 150.00 6 100 100.00 4 100 75.00 3 95-100 63.00 2 '/ 100 50.00 2 95-100 100 37.50 1 % 90-100 100 100 25.40 1 95-100 100 100 90-100 19.00 % 50-90 95-100 12.50 ! 55-80 4.76 No.4 30-65 30-50 30-70 30-65 45-65 2.38 No. 8 25-55 20-85 33-53 0.42 No. 40 15-35 4.07290 3-15 3-15 Max: 3-12 3-15 3-12 5-15 4-15 Plasticity Index 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 6 Max. 4-12 LA wear test (T96) _ . Max: 50 Max. ` 40 Max. NOTE: Class 3 material shall consist of bank or pit run material END OF SECTION PSP 91 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 306 SUBGRADE RECONDITIONING (SPECIAL) Section 306.01 shall include the following: To help minimize possible earthwork settlements and to provide consistency in the subgrade material, a work item described as Subgrade Reconditioning (Special) (2 -foot depth) is included. The work areas shall be those contained within the roadway prism and located within 2 feet of the top of subgrade (bottom of aggregate base course elevations, as indicated on the Plans. A general description of the activities to be included within this work item follows: Complete clearing/grubbing, removals, and topsoil stockpiling to establish top of existing subgrade elevations. Any areas which require cuts to get to the designed top of subgrade elevations will require the top two feet of subgrade soils to be reconditioned. Any areas which require fills of less than two feet to get to the designed top of subgrade elevations will require the top two feet of subgrade soils to be reconditioned. Any areas which require fills of greater than two feet do not require subgrade soils reconditioning. The two feet reconditioning areas shall be brought up to design top of subgrade elevations in equal lifts not to exceed 8 inches in depth. Each lift shall be tested for proper moisture and compaction requirements before proceeding with the next lift. After the final top lift of subgrade material has been placed, all areas located within the roadway prism shall be proof rolled prior to placement of any geotextile layer or aggregate base course layer. Section 306.02 shall include the following: When working with fine-grained embankment materials, the Contractor shall be required to properly blend and break down dirt clumps and clods prior to commencing with moisture conditioning and compaction. After placement of a loose thickness of embankment materials, the Contractor shall utilize a disc harrow with minimum blade diameter of 16", pulled behind a rubber -tire tractor. This equipment shall be utilized to produce well - blended and uniform embankment materials. Road grader or dozer rippers are not an adequate substitution for the disc harrow. After the embankment lift has been adequately blended, as determined by the Project Inspector, moisture conditioning, compaction, and grading of the lift can follow. END OF SECTION PSP 92 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 401 PLANT MIX PAVEMENTS - GENERAL Section 401 of the Standard Specifications is hereby revised as follows: Subsection 401.02(a), add paragraph (4) to include the following: (4) The job -mix formula for Pavement shall be established by a testing laboratory approved by the County and at the Contractor's expense. Copies of all test data shall be provided to and approved by the County prior to construction. Subsection 401.17, first paragraph, shall be modified to include the following: If the Contractor can demonstrate to Weld County that all the manufacturer's recommendations were followed and the pneumatic tire roller is detrimental to the finished surface of the HMA, the Contractor may request Weld County to waive the pneumatic tire roller requirement. Pneumatic tire rollers shall not be used on SMA pavement. Steel wheel rollers shall not be used in vibratory mode when compacting HMA or SMA on bridge decks. END OF SECTION PSP 93 WCR74/33 ROUNDABOUT REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mixes for hot mixes asphalt shall conform to the following: Table 403-1 Property Test Value for Grading Method SX S S S (PG 64-28) (PG 76-28) (PG 64-28) (PG 64-22) Patching Air Voids, percent at: N (design) CPL 5115 3.5- 4.5 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 3.5 — 4.5 Lab Compaction (Revolutions): CPL 5115 100 100 100 100 100 N (design) Stability, minimum CPL 5106 30 30 30 30 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36mm (No. 8) Sieve for ST and SF with at least 2 Mechanically Induced fractured faces, % minimum* CP 45 60% 60% 60% 90% 60% Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 Method B 80 80 80 '80 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) 205 (30) 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG 64-28 PG 76-28 PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-22 PG 64-22 Voids in the Mineral See Table See Table See Table See Table See Table Aggregate (VMA) % minimum CP 48 403-2 403-2 403-2 403-2 403-2 Voids Filled with Asphalt (VFA), Al MS -2 65-75 65-75 65-75 65-75 65-75 Dust to Asphalt Ratio 0.6-1.2 0.6-1.2 0.6-1.2 0.6-t.2 0.6-1.2 Fine Gradation Coarse Gradation CP 50 0.8 -1.6 0.8 -1.6 0.8 -1.6 0.8 - 1.6 0.8 -1.6 Note:Al MS -2 = Asphalt Institute Manual Series 2 Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Gradations for mixes with a nominal maximum aggregate size of one inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4" to 3/8" are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by RME depending on project conditions. November, 2022 PSP 94 WCR74/33 ROUNDABOUT November, 2022 All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal ***Design Air Voids ** Maximum Size*, mm (inches) 3.5% 4.0% 4.5% I 5.0% 37.5 (1%) 11.6 11.7 11.8 25.0(1) 12.6 12.7 12.8 N/A 19.0 (N) 13.6 13.7 13.8 12.5 (N) 14.6 14.7 14.8 9.5 (N) 15.6 15.7 15.8 16.9 The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. 'Interpolate specified VMA values for design air voids between those listed. '* Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop, and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt for the lower lifts may contain up to 20% reclaimed asphalt pavement if approved by the Engineer. The hot mix asphalt for the top lift shall not contain any reclaimed asphalt pavement unless approved by the Engineer. A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the aggregate for all hot mix asphalt when determined by the Engineer. Acceptance samples shall be taken in accordance with CP-41, as determined by the Engineer and/or Inspector. Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. If liquid anti -stripping additive is added at the plant, an approved in -line blender must be used. The blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply sufficient mixing action to thoroughly mix the asphalt cement and anti -stripping additive. Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. PSP 95 WCR74/33 ROUNDABOUT November, 2022 Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in the unit price bid. When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid for separately but shall be included in the work. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately but shall be included in the work. The Contractor shall collect the scale ticket on each load when it is delivered to the project site and ensure that the information required in subsection 109.01 is shown on each ticket. The scale tickets shall be available on site for County personnel to inspect. Each day, the Contractor shall provide to the County, envelopes which contain the previous day's signed tickets and the following: 1. On each envelope: Project number, location, date of paving, type of material, daily total, and cumulative total. 2. One of the following: 1. Two adding machine tape tabulations of the weight tickets with corresponding total run and signed by two different persons, 2. One signed adding machine tape tabulation of the weight tickets that has been checked and signed by a second person, or 3. Signed check tape of computer scale tickets that have a cumulative total. These scale tickets must be consecutive and without voids or adjustments. 1. A listing of any overweight loads on the envelope, including ticket numbers and amount over legal limit. 2. A comparison of the actual yield for each day's placement to the theoretical yield. Theoretical yield shall be based on the actual area paved, the planned thickness, and the actual density of the mixture being placed. Any variance greater than +2.5% shall be indicated on the envelope and a written explanation included. END OF SECTION PSP 96 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 411 ASPHALT MATERIALS Section 411 of the Standard Specifications is hereby revised as follows: Delete Subsection 411.05 and replace with the following: Bituminous materials will not be measured and paid for separately but shall be included in the unit prices bid for. Hot Mix Asphalt (Grading SX) (100) (PG 64-28), and Hot Mix Asphalt (Grading S) (100) (PG 64-22). END OF SECTION PSP 97 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Sections 412 and 705 of the Standard Specifications are hereby revised for this project as follows: Subsection 412.01 shall include the following inserted prior to the first sentence. 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. Subsection 412.03 shall be deleted and replaced with the following: Class P concrete shall conform to the requirements for an optimized mix design and shall be in accordance with Sections 106.06(a) and 601.02. The strength of the concrete shall be considered acceptable when the average equivalent 28 -day flexural strengths for each lot are equal to or greater than the Lower Tolerance Limit (TO) of 600 psi. Any lot (5,000 SY or fraction thereof, or a day's placement) or sub -lot (2,500 SY or fraction thereof) of in -place concrete with a flexural strength less than 600 psi shall be removed and replaced at the Engineer's sole discretion. If any lot or sublot, respectively, fails to meet the above criteria, the lot or sublot shall be removed and replaced at no additional cost. Full payment at the unit bid price shall be based on a Plan Value (PV) of 650 psi and shall be subject to incentive/disincentive payments unless otherwise specified in the Bid Documents. ACI 318 cannot be used to dispute acceptance strength results. Evaluation of low strength test results shall follow CP65 Method B. Subsection 412.04 shall be deleted and replaced with the following: 412.04 Proportioning. Proportioning shall conform to the requirements below. (a) The maximum allowable amount of Fly Ash shall be 20%. Class F fly ash shall be used. Cement shall be Type I -II. (b) Proportioning shall conform to the requirements of subsection 601.05 in addition to the requirements below: (1) Mixture Proportions (i) Composition. Concrete shall be composed of cementitious material, water, fine and coarse aggregates, and admixtures. Supplementary Cementitious Materials (SCM) choice and usage shall be in accordance with Section 601 of the Specifications. The total cementitious material content shall be at least 520 LB/CY. Admixtures shall consist of air -entraining admixture and also may include as approved, water -reducing admixture. (ii) Proportioning Studies. Trial design batches, mixture proportioning studies, and testing requirements are the responsibility of the Contractor. Trial mixtures having proportions, slumps, and air content suitable for the work shall be based on methodology described in ACI 211.1, modified as necessary to accommodate flexural strength. Submit test results, including: 1. Coarse and fine aggregate gradations and plots. 2. Combined aggregate gradation and coarseness/workability plots. PSP 98 WCR74/33 ROUNDABOUT November, 2022 3. Coarse aggregate quality test results, including deleterious materials. 4. Fine aggregate quality test results. 5. Mill certificates for cement and supplemental cementitious materials. 6. Certified test results for air entraining, water reducing, retarding, non -chloride accelerating admixtures. 7. Specified flexural strength, slump, and air content. 8. Documentation of required average CQC flexural strength, Ra. 9. Recommended proportions/volumes for proposed mixture and each of three trial water-cementitious materials ratios. 10. Individual beam and cylinder breaks. 11. Flexural and compressive strength summaries and plots. 12. Correlation ratios for acceptance testing and CQC testing; and 13. Historical record of test results documenting production standard deviation (if available) (iii) Water -Cement Ratio. At least three different water -cement ratios, which shall produce a range of strengths encompassing that required on the project, shall be used. The maximum allowable water -cement ratio shall be in accordance with Table 601-1 of the Specifications. Laboratory trial mixtures shall be proportioned for maximum permitted slump and air content. (2) Trial Mixture Studies Separate sets of trial mixture studies shall be made for each combination of cementitious materials and each combination of admixtures proposed for use. No combination of either shall be used until proven by such studies, except that, if approved in writing and otherwise permitted by these specifications, an accelerator or a retarder may be used without a separate trial mixture study. If the Contractor is manufacturing these mixes and they are not on the CDOT approved mix design list (APL), separate trial mixture studies shall be made for concrete for each placing method (slip form, fixed form, or hand placement) proposed. The temperature of concrete in each trial batch shall be reported. Each mixture shall be designed to promote easy and suitable concrete placement, consolidation and finishing, and to prevent segregation and excessive bleeding. (3) Mixture Proportioning for Flexural Strength The following step-by-step procedure shall be followed: 1. Fabricate all beams and cylinders for each mixture from the same batch or blend of batches. Fabricate and cure all beams and cylinders in accordance with ASTM C 192/C 192M, using 6" x 6" steel beam forms and 6" x 12" single -use cylinder forms. 2. Cure test beams from each mixture for 3-, 7-, 14-, and 28 -day flexural tests; six beams to be tested per age. 3. Cure test cylinders from each mixture for 3-, 7-, 14-, and 28 -day compressive strength tests; six cylinders to be tested per age. 4. Test beams in accordance with ASTM C 78, cylinders in accordance with ASTM C 39/C 39M. PSP 99 WCR74/33 ROUNDABOUT November, 2022 5. Using the average strength for each water -cement blend at each age, plot all results from each of the three mixtures on separate graphs for water -cement blend versus: (a) 3 -day flexural strength (b) 7 -day flexural strength (c) 14 -day flexural strength (d) 28 -day flexural strength (e) 3 -day compressive strength (f) 7 -day compressive strength (g) 14 -day compressive strength (h) 28 -day compressive strength 6. From these graphs, select a water -cement blend that shall produce a mixture giving a 28 -day flexural strength equal to 700 psi for laboratory mix designs and 650 psi for production mix designs. 7. Using the above -selected water -cement blend, select from the graphs the expected 3 -day, 7 - day, 14 -day, and 28 -day flexural strengths and the expected 3-, 7-, 14-, and 28 -day compressive strengths for the mixture. 8. From the above -expected strengths for the selected mixture, determine the following Correlation Ratios: (a) Ratio of the 14 -day compressive strength of the selected mixture to the 28 -day flexural strength of the mixture (for acceptance). (b) Ratio of the 7 -day compressive strength of the selected mixture to the 28 -day flexural strength of the mixture (for Contractor process control). 9. If there is a change in materials, additional mixture design studies shall be made using the new materials and new Correlation Ratios shall be determined. 10. No concrete pavement shall be placed until the Engineer has approved the Contractor's mixture proportions. The approved water-cementitious materials ratio shall not exceed the maximum value of 0.44 and shall not be increased without the County's written approval. (4) Average CQC Flexural Strength Required for Mixtures To ensure meeting the strength requirements specified above, during production, the mixture proportions selected during mixture proportioning studies and used during construction shall produce a required average CQC flexural strength exceeding the specified strength, R, by the amount indicated below. This required average CQC flexural strength, Ra, shall be used only for CQC operations as specified above and as specified in the previous paragraph. During production, the required Ra shall be adjusted, as appropriate and as approved, based on the standard deviation of equivalent 28 -day strengths being attained during paving. From Previous Test Records: Where a concrete production facility has previous test records current to within 18 months, a standard deviation shall be established in accordance with the applicable provisions of ACI 214R. Test records from which a standard deviation is calculated shall represent materials, quality control procedures, and conditions like those expected, shall represent concrete produced to meet a specified flexural strength or strengths within 50 psi of the 28 -day flexural strength specified for the proposed work, and shall consist of at least 30 consecutive tests. Perform verification testing, as directed by the Contracting Officer, to document the current strength. A strength test shall be the average of the strengths of two specimens made from the same sample of concrete and tested at 28 days. Required average CQC flexural strength, Ra, used as the basis for selection of concrete proportions shall be the value from the equation that follows, using the standard deviation as determined above: Ra = R + 1.34S Where: PSP 100 WCR74/33 ROUNDABOUT S = standard deviation R = specified flexural strength (minimum 650 psi) Ra = required average flexural strength November, 2022 Where a concrete production facility does not have test records meeting the requirements above but does have a record based on 15 to 29 consecutive tests, a standard deviation shall be established as the product of the calculated standard deviation and a modification factor from Table 412-01. TABLE 412-01 MODIFICATION FACTOR FOR CONCRETE PRODUCTION FACILITIES WITH CONSECUTIVE TESTS Number of Tests Modification Factor for Standard Deviation 15 1.16 20 1.08 25 1.03 30 or more 1.00 Without Previous Test Records: When a concrete production facility does not have sufficient field strength test records for calculation of the standard deviation, the required average strength, Ra, shall be determined by adding 15 percent to the specified flexural strength, R. Consolidation Testing: The provisions relating to the frequency and amplitude of internal vibration shall be considered the minimum requirements and are intended to ensure adequate density in the hardened concrete. If a lack of consolidation of the concrete is suspected by the Weld County Project Manager, additional referee testing shall be required. Referee testing of hardened concrete shall be performed by cutting cores from the finished pavement after a minimum of 24 hours for curing. Density determinations shall be made based on the water content of the core as taken. ASTM C642 shall be used for the determination of core density in the saturated -surface dry condition. Failure to meet the above requirements shall be considered evidence that the minimum requirements for vibration are inadequate for the job conditions, and additional vibrating units or other means of increasing the effect of vibration shall be employed so that the density of the hardened concrete as indicated by further referee testing shall conform to the above -listed requirements. All failing concrete shall be removed and replaced. Subsection 412.07(b), paragraph 1 shall be revised to include the following: The slip -form method shall be used for the majority (65% or more) of all mainline concrete paving. The Contractor's slip -form concrete paving machine must be capable of paving a minimum width of sixteen (16) feet. The Contractor shall submit to the County the specific equipment capabilities for review, prior to any concrete paving being placed. Subsection 412.10 shall be revised to include the following: A material transfer device shall be used when placing manual poured sections of PCCP. Concrete placed in areas that result in panels less than 12 feet by 15 feet or panels that are oddly shaped (i.e., not rectangular) shall be reinforced with welded wire mesh that conforms to Section 709.04 of the Weld County Special Revisions. Subsection 412.13(b)(1) shall be revised to include the following: When tie bars are inserted into plastic concrete with a tie bar insertion machine, tie bar location and concrete consolidation shall be subject to the following additional requirements: PSP 101 WCR74/33 ROUNDABOUT November, 2022 1. Each 2,500 linear feet of longitudinal weakened plane joint resulting from the procedure shall have one random location cored where the core intercepts an inserted tie bar. The core shall be six-inch diameter taken in the presence of the Engineer. 2. If non -consolidated concrete is evident above the inserted tie bar, the Contractor shall cease paving operations and submit a corrective action plan in writing for approval. Correction of the joint and further paving shall take place only after written approval of the corrective action plan has been provided by the Engineer. Additional coring may be required, as directed by the Engineer. Coring operations, including patching, shall be at the Contractor's expense. 3. Further failure to consolidate the concrete over the tie -bars shall be justification to preclude the use of the automatic tie -bar insertion for the remainder of the project. Subsection 412.14 shall be revised to include the following: All references to "curing compound" shall be changed to "curing and sealing compound" for highway use. The "curing and sealing compound" shall be approved by Weld County 14 days prior to use. Subsection 412.16, paragraph 2 shall be revised to include the following: All concrete cores shall be the full depth of the concrete thickness. All concrete cores shall be repaired using a non -shrink grout such as HD -50 or approved equivalent. The non -shrink grout shall be mixed with 3/8 -inch pea gravel when the dimension in any direction exceeds 2 inches. The non -shrink grout mixture shall be placed in the empty core hole. The mixture shall be vibrated to assist with consolidation of the material. The mixture shall be domed above the top of the adjacent pavement surface a minimum of 1/8 inch. After the mixture has cured for a minimum of 24 hours, the Contractor shall grind each filled core smooth to the same level as the top of adjacent pavement surface. Subsection 412.21(a), paragraph 5 shall be deleted and replaced with the following: The lower tolerance limit (TL) for pavement thickness shall be Plan Thickness (PT). There shall be no incentive/disincentive payment for pavement thickness. Any pavement thicknesses found to be less than Plan Thickness (PT) shall be removed and replaced at the discretion of the Engineer. Subsection 412.23 shall be revised to delete the first paragraph and replace with the following: The quantities of Concrete Pavement to be paid for under these items shall be the number of square yards completed and accepted. The width of measurement shall be the width of the new pavement to the outside edge of the shoulder shown on the typical cross section of the plans, not including any additional width for pavement safety edges. The width for measurement includes additional widening called for, or as otherwise directed by the Engineer in writing. The length shall be measured horizontally along the centerline of each roadway or ramp. Subsection 412.24 shall be revised to include the following: Construction of Pavement safety edges shall not be measured and paid separately but shall be included in the work for Concrete Pavement. A two-year warranty period shall apply to all Portland Cement Concrete Pavement (PCCP) incorporated into the project. The warranty period shall begin on the date Final Acceptance is issued by the County. (a) Any PCCP which does not meet the contract specifications, prior to or throughout the warranty period, or has visible deficiencies or failures, shall be removed, and replaced at the Contractor's expense. (b) The PCCP shall be inspected by County staff on a 6 -month basis during the warranty period. If deficiencies become apparent during the warranty period, the County shall prepare a warranty letter with a detailed description of the PCCP which has to be removed and replaced. The County and Contractor shall then meet to finalize the list of deficiencies to be addressed, the construction methods to be utilized, and the timing of the warranty work to be completed. In such case that the Contractor refuses to PSP 102 WCR74/33 ROUNDABOUT November, 2022 participate in this procedure, after a non -responsive period of 30 day, the County shall arrange with a qualified contractor of their choosing to compete the warranty work. The Contractor shall be liable for all costs. (c) The PCCP deficiencies include but is not limited to the following: 1. Pavement panels containing one or more cracks through the full depth of the panel resulting in separating the panel into two or more parts. 2. Pavement panels containing excessive honeycombed areas that result in spalling of the PCCP or pooling of drainage water. 3. Pavement panels which contain any voids greater in depth than one-half of the PCCP total thickness. 4. Pavement panels which do not meet the minimum smoothness testing requirements. 5. Joints which are spalled over 50% of their length. 6. Pavement panels which do not meet the specified grades in the plans or have any areas which drainage water pools on the surface to a depth of greater than 0.5 inches. (d) Any PCCP removed shall be replaced with new PCCP meeting the original project specifications, depth, color, and finish. Any replacement panel shall be tested and verified to obtain adequate strength prior to allowing traffic on it. In the case of PCCP panel replacement associated with the one- year warranty period, a new one-year warranty period shall commence on the date which the replacement panel construction is accepted by the County. END OF SECTION PSP 103 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTIONS 420 AND 712 GEOSYNTHETICS Section 420 of the Standard Specifications is hereby revised for this project as follows: Subsection 420.01 shall be revised to include the following: This work includes furnishing and installing geosynthetic material over unsuitable subgrade materials in accordance with these specifications and the details shown on the plans. Subsection 420.06 shall be revised to include the following: Geotextiles used for erosion control or drainage shall meet the requirements of subsection 712.08 and Table 712- 2a. Geotextile (Drainage) shall be placed under all riprap as shown on the plans or as directed by the Engineer. Subsection 420.07 shall be deleted and replaced with the following: 420.07 Geotextile Separator. Geotextiles used as separators shall meet the requirements of subsection 712.08 and Table 712-b. The geotextile separator shall be installed per the following: (a) Subgrade Preparation: Clear, grub and excavate (as required) to the plan subgrade or undercut elevation, stripping topsoil, deleterious debris, and unsuitable material from the site. Cut stumps and other projecting vegetation as close and even to the ground surface as practical. Specialized equipment with low ground pressure, as directed by the Engineer, shall be required for very soft soils to minimize subgrade disturbance. The surface of the subgrade shall be relatively smooth and level, and depressions or humps greater than 6 inches shall be graded out. (b) Geotextile Deployment: The geotextile material shall be placed directly on the prepared subgrade. The material shall be placed by machinery or by hand labor. The geotextile shall not be dragged across the subgrade. The geotextile shall be unrolled in the direction of travel so the machine direction (i.e., long axis) of the roll is parallel with channelized traffic patterns. The geotextile shall be rolled out flat and tight with no folds or wrinkles. Wrinkles and folds in the geotextile (not associated with roadway curves) shall be removed by stretching and staking as required. The geotextile may be held in place before the placement of the aggregate base course or other cover material by pins, staples, or piles of fill or rock. On curves, the geotextile may be folded to conform to the curve or by cutting the roll to match the curve. Adjacent rolls shall be overlapped along their sides and ends as a function of subgrade strength per Table 420-1. Table 420-1 MINIMUM REQUIRED OVERLAP Subgrade Strength R -Value Overlap Width of Unsewn Seam Inches 5-1•0 30 10-20 24 >20 18 If 30 inches of overlap is required, the overlap shall be sewn or otherwise adhered to limit the potential formation of a slip plane between the overlapped panels. Sewn seams shall be per the manufacturer's recommendations. Overlap the geotextile in the direction that fill will be spread to avoid peeling -back of the geotextile at overlaps by the advancing fill. Cut and overlap the geotextile to accommodate curves. The geotextile shall be cut using sharp shears, razor knives or handheld power (i.e., "cutoff') saws. The geotextile PSP 104 WCR74/33 ROUNDABOUT November, 2022 shall be cut to conform to immovable protrusions, such as manhole covers and vertical utilities. Overlap lengths will not be paid for separately but will be considered subsidiary to item 420. (c) Fill Placement: Before covering the geotextile separator with fill materials, the condition of the geotextile shall be inspected by the Engineer to determine that no holes, rips or other defects exist. If any defects are observed, the section of the geotextile containing the defect shall be repaired by placing a new layer of geotextile extending beyond the defect in all directions a minimum distance equal to the overlap shown in Table 420-1. Alternatively, the defective section may be replaced. See subsection 420.07(e). The first lift of cover material shall be end -dumped or spread over the geotextile from the edges of the geotextile. The height of the dumped pile shall be limited to avoid local bearing capacity failures. The first lift of cover material shall be graded to a 12 -inch thickness or to top of grade whichever is less and compacted. Equipment shall not be on the treated area with less than the minimum thickness of compacted cover material over the geotextile. Small dozer equipment or front-end loader shall be used to spread the cover material. Construction vehicles shall be limited in size and weight such that rutting in the initial lift is no deeper than 3 inches. If rut depths exceed 3 inches, the Contractor shall use a smaller size and weight of construction vehicles. Ruts shall be filled in with cover material. Construction equipment shall not travel over the exposed geotextile at speeds of more than 5 mph. Construction equipment shall not make turns on the first lift of cover material. Construction vehicles can dump aggregate fill as they advance, provided the construction traffic does not cause significant rutting upon bare subgrade. Sudden braking, sudden starting and sharp turning shall be avoided. Tracked construction equipment shall not be operated directly upon the exposed geotextile. A minimum aggregate fill thickness of 6 inches is required before operation of tracked equipment on the geotextile. In addition, turning of tracked equipment shall be kept to a minimum to prevent tracks from displacing the fill and damaging the geosynthetic. On softer subgrade materials, aggregate fill shall be end -dumped from the edge of the previously placed material, spreading from the middle outward. (d) Compaction: Standard compaction methods shall be used to obtain the required compaction for the fill materials. The compaction tests shall be done per the requirements that are outlined elsewhere in the Specifications. (e) Installation and Repairs for Damaged Areas: Repairs to geotextiles shall be made in the field by placing a repair panel or patch over the damaged area. The repair panel shall extend a minimum of 3 feet beyond the edges of the damaged geotextile. Geotextile that is damaged after placement shall be removed and replaced at the Contractor's expense. Subsection 420.09 shall be revised to include the following: Geotextile (Separator) will be measured in place by the square yard of surface area, completed and accepted. Subsection 420.10 shall be revised to include the following: Geotextile (Drainage) will not be measured and paid for separately but shall be included in work for the riprap pay item. Overlap and waste for geomembrane, geotextile, and geotextile materials will not be measured and paid for separately but shall be included in the work. Payment will be full compensation for all work and materials required to complete the item. Subsection 712.08 shall include the following: PSP 105 WCR74/33 ROUNDABOUT November, 2022 The material for Geotextile (Drainage) shall meet the properties in Table 712-2a. For example, Mirafi FW-300 or an approved equal will meet this classification. Table 712-2a Geotextile (Drainage) Physical and Mechanical Properties Physical Properties Roll Length (minimum) Roll Width (minimum) Roll Area (minimum) Unit Feet Feet Sq. Yd.' Typical Values 300 12.5 417 Mechanical Properties Test Method STRENGTH Unit Minimum Average Roll Value Grab Tensile Strength Grab Tensile Elongation Trapezoid Tear Strength CBR Puncture Strength ASTM D4632 ASTM D4632 ASTM D4533 ASTM O6241 HYDRAULIC lbs lbs lbs 400 (MD) 335 (CD) 20(MD)'15(CD) 145 (MD) 125 (CD) 1,250 Flow Rate, Permittivity ASTM D4491 ASTM D4491 gal/min/ft2, 115 sec -1 1.5 Percent. Open Area COE-02215 SOIL RETENTION a Apparent Opening Size. (AOS) f ASTM O4751 U.S. Sieve SOIL INTERACTION 30 UV Resistance (at 500 hours) ( ASTM O4355 I % strength retained I 90 The material for geotextile separators shall meet the properties in Table 712-2b. For example, Mirafi RS580i or an approved equal will meet this classification. Table 712-2b Geotextile (Separator) Physical and Mechanical Properties Physical Properties Roll Length (minimum) Roll Width (minimum) Roli`Area (mini Mechanical Properties Unit Feet Feet Sq. Yd. Test Method Unit Typical Values 300 ., 15 �0 I Minimum Average Roll Value STRENGTH Tensile Modulus @ 2% strain (CD) Tensile Modulus © 5% strain (CD) ASTM D4595 ASTM D4595 HYDRAULIC lbs/ft lbs/ft 1,800 4,380 Flow Rate Permittivity ASTM O4491 f gal/min/ft2 ASTM D4491 I sec -1 1.0 SOIL RETENTION Apparent Opening Size (AOS) ASTM D4751 ASTM 06767 ASTM D6767 U.S. Sieve 40 or Size 095 microns microns ►7 Pore Size One 192 SOIL INTERACTION Interaction Coefficient ASTM D6706 ASTM O4884 ASTM D4355 0.9 f lbs/ft UV Resistance (at 500 hours) % Strength retained 90 END OF SECTION PSP 106 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 420 GEOGRID REINFORCEMENT Section 420 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION 420.11 This work consists of furnishing and installing geogrid reinforcement material, in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS 420.12 Geogrid is a polymer grid structure specifically fabricated for use as a soil reinforcement. Geogrid reinforcement material shall conform to the following: Table 420-2 GEOGRID REINFORCEMENT PROPERTIES Physical Properties Roll Length Roll Width' Roll Weight' Mass per Unit Areal Rib Pitch2, Transverse/Longitudinal Direction Rib Pitch2, Diagonal Direction Unit Feet Feet Characteristic Values 246 or 328 13.1 or 16 lb oz/sq yd inch inch 159 or 7.1 1.6 1.6 lid -Rib Depth2, Transverse/Longitudinal Direction Inch Inch 0.06. 0.06 Mid -Rib Depth2, Diagonal Direction Mid -Rib Width2, Transverse/Longitudinal Direction Mid -Rib Width2, Diagonal Direction Rib Shape Aperture Shape Mechanical Properties Radial Stiffness at 0.5% Strains Junction Efficiency. Resistance to Chemical Degradations Resistance to UV Degradation' Inch Inch Unit lb/ft 0.05 0.04 Rectangular Triangular Test Method I Minimum Value ASTM D 6637-01 20,580 percent GG2 93 100 70 Notes: 1 Unless indicated otherwise, values shown are minimum average roll values determined in accordance with ASTM D4759-02. Brief descriptions of test procedures are given in the following notes. 2 Nominal dimensions. 3 Load transfer capability determined in accordance with ASTM D6637 and ASTM D7737-11 and expressed as a percentage of ultimate tensile strength. 4 The ratio between the minimum and maximum observed values of radial stiffness at 0.5% strain, measured on rib and midway between rib directions. 5 Radial stiffness is determined from tensile stiffness measured in any in -plane axis from testing in accordance with ASTM D6637-10. 6 Resistance to loss of load capacity or structural integrity when subjected to chemically aggressive environments in accordance with EPA 9090 immersion testing. 7 Resistance to loss of load capacity of structural integrity when subjected to 500 hours of ultraviolet light and aggressive weathering in accordance with ASTM D4355-05. The minimum overlap of the geogrid reinforcement shall be 18 inches. The geogrid reinforcement shall be composed principally of polypropylene or high -density polyethylene. PSP 107 WCR74/33 ROUNDABOUT November, 2022 The geogrid reinforcement shall contain stabilizers or inhibitors to prevent degradation of properties due to ultraviolet light exposure. The geogrid reinforcement shall be inert to all naturally occurring alkaline and acidic soil conditions. The manufacturer shall furnish certified test reports from an independent laboratory indicating that the material meets the requirements of the specification. For example, Tensar Tri-Ax TX -160 or an approved equivalent meets or exceeds the specifications outlined in Table 420-2. CONSTRUCTION REQUIREMENTS 420.13 Geogrid reinforcement shall be installed in accordance with the following: (a) Delivery, Storage, and Handling. Upon delivery, the Contractor shall check the geogrid to assure the proper material has been received. The geogrid material shall be in roll form with each roll individual identified. Rolls shall be stored in a manner that prevents excessive mud, wet concrete, epoxy, or other deleterious materials from meeting and affixing to the geogrid. Rolls may be stored horizontally in stacks not to exceed five rolls high. Special care shall be taken in the handling of geogrids manufactured from polypropylene at temperatures at or below 0°F. (b) Site Preparation. Clear, grub and excavate (if necessary) to the design subgrade elevation, stripping topsoil, deleterious debris, and unsuitable material from the site. For very soft soils (CBR < 0.5), the Engineer may allow minimal subgrade disturbance and leave root mats in place, cutting stumps and other projecting vegetation as close and even to the ground surface as practical. For moderately competent soils (CBR > 2), the subgrade shall be lightly proof rolled to locate unsuitable materials. Ruts shall be back dragged to provide a smooth surface. Smooth grade and compact the soils using appropriate compaction equipment. Grade or crown the surface for positive drainage away from the construction zone. (c) Geogrid Installation. Geogrid shall be laid at the proper elevation and alignment as shown on the plans or as directed by the Engineer. Geogrid shall be oriented such thatthe roll length runs parallel to the roadway alignment. Place the rolls of geogrid in position, cut the roll bands and manually unroll the material over the subgrade. Unroll the geogrid in the direction of travel so that the long axis of the roll is parallel with channelized traffic patterns. Overlap adjacent rolls along their sides and ends per the manufacturer's recommendations. Care shall be taken to ensure that geogrid sections do not separate at overlaps during construction. Overlap the geogrid in a shingle pattern in the direction that fill placement will be spread to avoid "peeling" of geogrid at overlaps by the advancing fill. Weaker subgrades that are easily rutted with conventional construction traffic shall require an "end -dumping" operation. Adjacent geogrid rolls shall be mechanically connected to one another per the manufacturer's recommendations. Cut and overlap the geogrid to accommodate curves. Cutting may be done with sharp shears, a knife- like implement or handheld power (i.e., "cutoff') saws. Cut grid to conform to manhole covers and other immovable protrusions. Do not allow excessive buckling of the geogrid. Geogrid rolls exhibit "roll memory" where the product may roll back upon cutting or reaching the end of the roll. The installer shall take appropriate measures to ensure that the product lies flat during fill placement. PSP 108 WCR74/33 ROUNDABOUT November, 2022 Geogrid material shall be secured to the ground surface by placement of loose fill at the corners and edges or as directed by the Engineer. (d) Dumping and Spreading Aggregate Fill: At least 6 inches of fill material is required for the initial lift thickness of aggregate fill over geogrids. However, for very soft conditions, a significantly thicker fill layer will be required to prevent rutting and/or bearing capacity failure of the underlying subgrade. Fill material shall be back -dumped from trucks riding on top of the reinforced fill and bladed onto the geogrid in such a manner that the fill rolls onto the grid ahead, e.g., by gradually raising dozer blade while moving forward. Standard, highway -legal, rubber -tired trucks (end dumps and belly dumps) may drive over the geogrid at very slow speeds (less than 5 mph) and dump aggregate fill as they advance. This construction traffic shall not cause rutting upon bare subgrade. Turns and sudden starts and stops shall be avoided. On softer subgrades, it may be necessary to back trucks up and dump fill upon previously placed fill. Caution shall be taken to avoid overstressing the subgrade soil both during and after fill placement. Tracked equipment shall not be driven directly on the geogrid. A minimum of 6 inches of aggregate fill (or required minimum design fill thickness) shall be spread between the geogrid and tracked equipment. On softer subgrades, a lightweight, low ground pressure (LGP) dozer shall be used to evenly push out the fill over the exposed geogrid. Do not to catch the dozer blade or other equipment on the geogrid. The dozer blade shall be raised gradually as each lift is pushed out over the geogrid. The fill material shall cascade onto the geogrid, rather than being pushed into it. Be aware of geogrid overlaps and advance the aggregate fill with the shingle pattern. (e) Compacting. Material placed over the geogrid shall be compacted in accordance with the compaction requirements for embankment for this project or as directed. Care shall be taken to assure the geogrid not damaged. Backfill shall be compacted to 95 percent of the maximum density as determined by AASHTO T-99. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be within two percent of optimum. METHOD OF MEASUREMENT 420.14 Geogrid reinforcement will be measured in place by the square yard of surface area, completed and accepted. Payment will be full compensation for all labor, materials, equipment, and other items necessary and incidental to the completion of the work. Additional geogrid for overlaps will not be measured and paid for but shall be included in the work. Aggregate Base Course will be paid for as provided in Section 304. END OF SECTION PSP 109 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised for this project as follows: Subsection 601.01 shall be revised to include the following: The use of ACI 318, Building Code Requirements for Structural Concrete, is not acceptable as it pertains mainly to structural concrete buildings. In Table 601-1, delete the Required Field Compressive Strength for the BZ Concrete Class and replace with 4,500 at 28 days. Subsection 601.04, paragraph 2 shall be deleted and replaced with the following: If the sulfate exposure class of the embankment fill is different than the sulfate exposure class specified in the plans, the Contractor shall provide a concrete mix design that meets or exceeds the corresponding sulfate protection requirements at no additional cost to the project. Subsection 601.05 shall be revised to include the following: The Contractor shall provide maturity meters and all necessary wires and connectors. The Contractor shall be responsible for the placement and maintenance of the maturity meters and wires. Placement shall be as directed by the Engineer. Subsection 601.05(5) shall be deleted and replaced with the following: (5) Class P concrete shall include AASHTO T97 (ASTM C78) Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading). At least two specimens will be tested at 7 days and four specimens at 28 days. The laboratory trial mix shall produce a flexural strength at 28 days of at least 700 psi. Subsection 601.17(a), paragraph 2 shall be deleted and replaced with the following: At any time during the placement of the concrete, when an OA test on a batch deviate from the minimum or maximum percent of total air content specified, the batch that deviates from the specified air content by 1 percent or less shall be rejected and replaced at the sole discretion of the Engineer. If in the Engineer's sole discretion, the batch is allowed to be placed, a pay factor reduction will be applied to the concrete as shown in Table 601-3. Delete subsection 601.17(c) and replace with the following: c) Concrete which does not meet the minimum required 28 -day strength shall be removed and replaced at the sole discretion of the Engineer. If in the Engineer's sole discretion, the concrete is allowed to be remain, a pay factor reduction will be applied to the concrete as shown in Table 601-3. In subsection 601.17(d), delete Table 601-3 and replace with the following: PSP 110 WCR74/33 ROUNDABOUT November, 2022 Table 601-3 PAY FACTOR REDUCTIONS Percent Total Air Strength $blo w►,' ptfie $tre � Fray Fab trr rRecttict rrw °fo Db rations rt Inc r4% Pay Fla for R� t.uc on �� }#{, 0.0-0.2 2 1-100 10 ,4 .r 0 ,3�u Lill . .._ ... 0.5-0.6 8ry 201-300 30 0.8-1,0 25 401-500 50 Rejep Q per NOTE: 1. This table does not apply to Portland Cement Concrete Pavement (PCCP). See Tables 105-10 and 105-11. 2. The pay factor reduction formula is Payment for Item = 100 — Pay Factor Reduction. For example, the payment for a structure below the required strength by 250 psi and is allowed to remain in place by the Engineer would be 70% of the unit price (payment = 100-30). END OF SECTION PSP 111 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 603 CULVERTS Section 603 of the Standard Specifications is hereby revised for this project as follows: Subsection 603.02 shall be revised to include the following: Reinforced concrete pipe shall be manufactured from concrete that meets the requirements for severity of sulfate exposure class specified in the plans or the sulfate exposure class of the embankment material, whichever is higher. All corrugated steel pipe shall be aluminized per Section 707.11. Subsection 603.04, paragraph 3 shall be deleted and replaced with the following: When conduits (e.g., pipes, culverts, etc.) are to be installed in embankment material, the embankment shall first be constructed to a required height of a minimum of one foot above the top of conduit and for a distance on each side of the pipe of at least 5 times the diameter or span of the conduit, after which the trench shall be excavated, and the conduit installed. Before trench excavation, the embankment material shall pass the compaction requirements for the Project. Subsection 603.07(a), paragraph 2 shall be revised to include the following: Concrete collars will be required at all non-standard joints (not tongue and groove or bell and spigot) and at all connections to existing pipe. END OF SECTION PSP 112 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 612 DELINEATORS AND REFLECTORS Section 612 of the Standard Specifications is hereby revised for this project as follows: Subsection 612.02(a)(ii) is hereby revised to include the following paragraphs: For delineators marking all culverts or other objects not actually in the roadway but are close enough to the edge of the roadway that they need a marker, use a white Shur -Flex Drivable Delineator post that is 48" in height. Top of the post shall have a 13" flat top equipped with reflective sheeting. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. The delineators shall be Type III. The reflective elements will use the minimum HIP reflective sheeting (yellow). Location criteria shall follow CDOT M&S Standard S-612-1. For delineators marking the edge of road, use a green Shur -Flex Drivable Delineator post 48" in height. Top of the post shall have a 13" flat top equipped with reflective sheeting. The delineators shall be Type I. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. The reflective elements will use the minimum HIP reflective sheeting (white). Spacing criteria shall follow CDOT M&S Standard S-612-1. For delineators marking the acceleration lanes including tapers, deceleration lanes including tapers, and lane transitions involving pavement width reductions in the direction of travel, use a green Shur -Flex Drivable Delineator post that is 48" in height. Post bases for the delineator post shall be 2" x 24" square tubing anchor equipped with a cotter pin. Top of the post shall have a 13" flat top equipped with reflective sheeting. The delineators shall be Type II. The reflective elements will use the minimum HIP reflective sheeting (white). Spacing criteria shall follow CDOT M&S Standard S-612-1. Post bases shall be included in the work and shall not be measured and paid for separately. END OF SECTION PSP 113 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 614 TRAFFIC DEVICES (GROUND SIGNPOSTS) Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.02 is hereby revised to include the following: Steel square tube type perforated signposts and anchors shall meet or exceed the following: 1. Posts — 2'/4" x 2'/4" square posts, 12 -gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 2. Anchors — 2'/4" x 2'/4" x 30" tall square tube, 12 -gauge, ASTM designation A570, Grade 50, drilled with 7/16" diameter holes on 1" centers. 3. J -bolts or corner bolts shall be used to attach the posts to the anchors. 4. Hardware to secure traffic signs to post shall be 5/16" or 3/8" carriage bolts with 2" fender washers, lock washers, and 5/16" or 3/8" nuts. Rivets shall not be allowed in the assembly of any portion of sign construction. 5. Coating — all posts and anchors shall be galvanized to ASTM designation A653, G90, Structural Quality, Grade 50, Class 1. The steel shall also be coated with a chromate conversion coating and a clear organic polymer topcoat. 6. All stop signposts (regardless of location) and all other signposts in a roundabout shall be equipped with reflective markings on all four (4) sides of the posts. Structure signs shall be green with white lettering and shall be attached to the bridge structure wherever possible. Subsection 614.09 is hereby revised to include the following: Steel square tube type perforated signposts and anchors placed in concrete or asphalt shall be either core drilled with a 4" diameter hole, or a 4" diameter piece of PVC pipe may be placed into the concrete or asphalt full depth and flush with the surface. Subsection 614.13 is hereby revised to include the following paragraphs: Steel square tube type perforated signposts will be measured by the length in linear feet of post installed. The slip base for the steel square type signposts will not be measured separately and shall be included in the cost of the post. The reflective tape for the signposts will not be measured separately and shall be included in the cost of the post. The J -bolts or corner bolts will not be measured separately and shall be included in the cost of the post. Equipment required to mount signs to bridges shall not be paid for separately but shall be included in the cost of the work. END OF SECTION PSP 114 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 615 WATER CONTROL DEVICES Section 615.02 shall be revised as follows: The Flow Restrictor Plates and Water Quality Plates shall be fabricated as shown on the Plans. Steel plate materials shall be stainless steel or galvanized hot dipped steel. The Slide Gates and Gate Valves shall be manufactured Fresno Valves and Castings Inc. (or approved equal). Section 615.03 shall be revised as follows: The Flow Restrictor Plates, Water Quality Plates, and Steel Vent Pipe Riser Assemblies shall be constructed as shown on the Plans. The Slide Gates and Gate Valves shall be constructed as shown on the Plans, and per installation requirements form the manufacturer. END OF SECTION PSP 115 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 620 FIELD FACILITIES (FIELD OFFICE CLASS 2 - CONTRACTOR PROVIDED) Subsection 620.01 shall be revised to include the following: In accordance with Section 107.02, the Contractor shall apply for and obtain a zoning permit for a manufactured home (ZPMH) from the Weld County Department of Planning and Zoning for field offices, field laboratories, and commercial plan laboratories (as required). The Contractor shall apply for and obtain a building permit from the Weld County Building Department for any electrical connections. A building permit shall be required for any field office, field laboratory, or commercial plan laboratory (as required) that is connected to a generator or an electrical meter. The Contractor shall be responsible for coordinating all required inspections. The ZPMH and building permits shall be obtained prior to the start of any work activities on the project. Failure to obtain the ZPMH and building permits shall result in the assessment of liquidated damages as outlined in Subsection 620.02. Delete Subsection 620.02 and replace with the following: 620.02 Field Offices. Field offices, either Class 1 or Class 2 as designated on the plans, shall substantially conform to the details shown on the plans and to the requirements of this section. The specifications and plans shall identify if the Contractor is required to furnish the field office or if the County will furnish the field office. (a) When the field office is supplied by Weld County, the Contractor shall be responsible for transporting it to the project site using a sub -contractor which has specialized equipment to move the field office. The sub -contractor shall be capable of setting, leveling, and tying the field office down per the applicable building codes. Weld County in its sole discretion shall approve the sub -contractor authorized to move the field office before it being moved. The use of a pickup truck will not be allowed to move the field office. Weld County will provide a location from which the field office is to be moved from. Following completion of the project, the field office shall be returned to 1111 H Street, Greeley, CO. The Contractor is responsible for returning the field office in the same or better condition than when picked up. (b) When the field office is to be supplied by the Contractor, the Contractor shall be responsible for transporting it to and from the project site. The Contractor shall set, level, and tie the field office down per the applicable building codes. The field office shall be equipped with reliable, high speed internet access (minimum download speed of 5 Mbps) for the sole use of Weld County employees or agents (assume 4 users). The Contractor shall be responsible for providing separate internet access for their employees. Required internet services include SSL, VPN, VOIP, and other internet services. The order of preference for internet connections is provided below. If reliable data services are not available, data signal boosters may be required to meet the bandwidth and throughput requirements. (1) Hard wired broadband or DSL (2) Radio broadband — if speed and signal requirements are met (3) Satellite broadband — if speed and signal requirements are met (4) Cellular radio — if speed and signal strength requirements are met. PSP 116 WCR74/33 ROUNDABOUT November, 2022 (5) Wireless hotspots — only if there is no other option. One hotspot shall be provided per County employee assigned to the project. Wireless hotspot configurations must include WPA2 and AES encryption for SSID authentication. The field office shall be equipped with the following: (1) Electricity: If commercial power is available, the service shall be a minimum of 3,000 -watt, 115-125 AC facility for the field office. If commercial power is not available, independent generators shall be provided. Generators shall be a minimum of 25kW. (2) Office Lighting: All overhead lighting shall meet OSHA and code requirements for office spaces. (3) Ventilation: The field office shall be equipped with heating, ventilation, and air conditioning systems adequate for office use. (4) Parking: The Contractor shall provide an all-weather parking area with one parking space per County employee assigned to the project plus 6 visitor parking spaces. (5) Janitorial: The Contractor shall provide weekly janitorial services. The janitorial services shall include trash bags in all trash cans, sweeping and mopping of the floors, and general cleanup of the offices and meeting spaces. Trash cans both inside and outside of the trailer shall be emptied weekly. (6) Sanitary: Sanitary facilities shall be provided as part of the field office. Although these facilities are not required to be 'dedicated' to the field office, the facilities shall be located within 50 feet of the field office and shall be serviced and maintained in a sanitary condition. The sanitary facility shall be located downwind of the field office. (7) Access: The Contractor shall install and remove a staircase/landing at each field office entrance. The Contractor shall also provide maintenance of the exterior of the office trailer including but not limited to access to the parking area and snow removal. (8) Office Supplies: 1. One office type color photocopier/laser printer/scanner machine (a multi -purpose desktop printer will not suffice) with separate trays for 8.5" x 11", 8.5" x 14" and 11" x 17" paper. A. The copier shall be capable of automatically stapling a minimum of 30 sheets (8.5" x11"). B. The copier shall be equipped with a standard 50 sheet document feeder. C. The copier shall have a minimum resolution of 600 x 600 dpi. D. The copier shall have a minimum of 256 levels of greyscale and shall have both manual and automatic exposure adjustments. E. The copier shall have reduced and enlarging ratios between 25% and 400% in 1% increments. F. The copier shall have the following features as a minimum: auto magnification, auto paper selection, auto tray switch, booklet/magazine copy, center/border erase, document server, rotate sorting, handle up to 10 separate print jobs, and touch screen control panel. G. The copier shall be capable of copying a minimum of 35 pages per minute. H. The scanner shall utilize an embedded scanner capable of 52 ipm at 200 dpi. I. The scanner shall be capable of a minimum scanning resolution of 600 dpi. PSP 117 WCR74/33 ROUNDABOUT November, 2022 J. The scanner shall be capable of scanning pages of up to 11" x 17" to TIFF, JPEG, and PDF formats. K. The printer shall be capable of printing a minimum of 35 pages per minute. L. The printer shall be capable of printing at a resolution of up to 600 dpi. 2. This device shall be capable of transmitting the scanned file to multiple email addresses. 3. Toner, parts, service and repairs shall be provided by the Contractor. Repair and maintenance services shall be provided within 5 business days of notification. 4. In the event, of theft, the Contractor shall provide a replacement device with 3 business days. 5. The device shall be capable of wireless networking with all offices in the field office. 6. Paper (Letter and Tabloid sizes) shall be provided by the Contractor. 7. The copy machine shall be wheel mounted and shall be capable of rolling to different locations within the office. (9) Office Furniture: Shall be per CDOT Standard Plan M-620-12 with the following exceptions: 1. Each office shall be provided with a minimum of 2 five -gallon trash cans. The common area shall be provided with a minimum 35 -gallon trash can. All trash cans shall have appropriately sized trash bags. 2. The common area shall have a minimum of 15 metal folding chairs that can be used for meetings. A folding conference table that is a minimum of 8 feet long and 3 feet wide shall be provided in the common area. 3. A 5 -gallon drinking water cooler capable of providing hot and cold water shall be provided. 4. 1,000 -Watt minimum microwave oven. 5. Mini -refrigerator, 3.3 cubic foot minimum 6. Landline telephone and fax service is only required if there is no cell phone reception at the office location. All office equipment/supplies and office furniture to be provided for this project shall be free of blemishes and in proper working order. The Engineer or Inspector shall approve the office equipment/supplies and office furniture before placement in the office trailer. Subsection 620.06 shall be revised to include the following: The Contractor shall be responsible for locating and installing the field office trailer in a location that is acceptable to Weld County. The Contractor shall obtain the necessary permits for the installation of the field office trailer. The field office trailer shall be set up including all utilities before the start of construction. Start of construction shall be defined as anything other than mobilization and surveying. Both parties shall participate in a facility condition inspection prior to and at the completion of occupancy. Set up locations shall be within 'N mile of the construction site. Field office shall stay on site and operational until final acceptance is given by the Engineer. If the field office is not set up at the start of construction, liquidated damages in the amount of 5% of the bid amount for the field office will be deducted daily until it is placed and fully functional. If the bid amount for the field office is PSP 118 WCR74/33 ROUNDABOUT November, 2022 less than $10,000 or if the deductions reduce the bid amount below $10,000, then deductions will continue at 5% of the overall project bid price until the office is placed and fully functional. The amount to be deducted will occur daily until the field office is placed and fully functional. In the event the office trailer or appurtenant facilities are stolen, destroyed, or damaged during the work, except by fault of Weld County, the Contractor shall, at its expense, repair or replace those items to their original condition within five calendar days. If loss or damage is caused by Weld County personnel, the Contractor shall replace the facilities within five calendar days, except Weld County shall be responsible for the costs incurred. Subsection 620.08 shall be revised to include the following: The Contractor shall be responsible for locating and installing the field office trailer in a location that is acceptable to Weld County. The Contractor shall obtain the necessary permits for the installation of the field office trailer. The field office trailer shall be set up including all utilities before the start of construction. Start of construction shall be anything other than mobilization and surveying. Both parties shall participate in a facility condition inspection before and at the completion of occupancy. Set up locations shall be as close as possible to the construction site but in no case shall it exceed more than % miles from the project site. Field office shall stay on site and operational until final acceptance is given by the Engineer. If the field office is not set up at the start of construction, liquidated damages in the amount of 5% of the bid amount for the field office will be deducted daily until it is placed and fully functional. If the bid amount for the field office is less than $10,000 or if the deductions reduce the bid amount below $10,000, then deductions will continue at 5% of the overall project bid price until the office is placed and fully functional. The amount to be deducted will occur daily until the field office is placed and fully functional. In the event the office trailer or appurtenant facilities are stolen, destroyed, or damaged during the work, except by fault of Weld County, the Contractor shall, at its expense, repair or replace those items to their original condition within five calendar days. If loss or damage is caused by Weld County personnel, the Contractor shall replace the facilities within five calendar days, except Weld County shall be responsible for the costs incurred. The cost of obtaining the ZPMH and building permits shall not be measured separately but shall be included in the Work. END OF SECTION PSP 119 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 625 CONSTRUCTION SURVEYING Section 625 of the Standard Specifications is hereby revised for this project as follows: The first paragraph of Subsection 625.01 shall be revised to include the following: The PLS or PE shall maintain their license in good standing through the entire Contract period. Subsection 625.01 shall be revised to include the following: The Contractor is hereby noticed that if Weld County provides any design CAD files to the Contractor's surveyor for construction surveying purposes, it is doing so as a courtesy to the Contractor. The CAD files are not considered Contract Documents and shall not be used in relation to any request for additional time or compensation. Construction slope staking shall be provided along each ROW indicating grade breaks to centerline. If construction staking is not provided by the Contractor, then a GPS(ROVER) with approved files loaded, shall be made available to the Inspector at any time for grade checking and testing/inspection locations. Centerline stationing stakes shall be provided without option. Delete Subsection 625.04, paragraph 1 and replace with the following: 625.04 Contractor Surveying. The Contractor shall perform all construction surveying and staking necessary for construction of the project. Construction surveying and staking shall be based on the Primary Horizontal and Vertical Control established by the Department. The Contractor's surveyor shall provide a map and list of this control points with locations and elevations. The Contractor shall protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. The establishment of the control points shall be done per the CDOT Survey Manual, Chapter 6. Before beginning construction, the Contractor's surveyor shall stake all Right of Way corners, Permanent Easements, and Temporary Construction Easements shown on the approved ROW plans with temporary (for the duration of the project) points using re -bar, lath, or hubs and marked with flagging, so they are easily visible. Those indicating the limits of construction within which the Contractor is allowed to work shall be maintained throughout the project. The Contractor shall protect those points, and immediately re-establish any that are damaged or removed during the progress of the project. During construction, the Contractor's surveyor shall provide and maintain construction stakes with offsets for the Department's use. The construction stakes shall include information required by the CDOT Survey Manual, Chapter 6. The Contractor shall protect and immediately re-establish any construction stakes that are damaged throughout the project. Planned Centerline shall be staked and maintained with station numbers throughout the entire project. An approved offset can be used (ROW, TOS, etc.) but shall be indicated with an offset distance on the stake. Maximum staking interval for tangent are 200' and 50' on curves. Subsection 625.04, paragraph 2 shall be deleted and replaced with the following: In addition to the above, if the Contractor uses 3D Engineered Surveying the following shall apply: Subsection 625.04(5) shall delete the reference to "CDOT" and replace it with "the Department". Subsection 625.08, paragraph 2 shall be revised to delete the reference to the "Region Survey Coordinator" and replace it with the "Weld County Survey Coordinator". Subsection 625.13 shall be revised to include the following: PSP 120 WCR74/33 ROUNDABOUT November, 2022 Before final payment is made, all construction survey markers shall be removed. It is not acceptable to hammer the markers into the ground as they pose a hazard to agricultural operations. Subsection 625.13, paragraph 4 shall be revised to delete the reference to the "Region Survey Coordinator" and replace it with the "Weld County Survey Coordinator". END OF SECTION PSP 121 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 626 MOBILIZATION Section 626 of the Standard Specifications is hereby revised for this project as follows: Subsection 626.01 shall be revised to include the following: Construction of a temporary access road into the work areas, and removal of the access road after construction is completed, shall be included in the Mobilization bid item. CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS: The Contractor shall take responsibility to find adequate staging area for the project. Any agreements made for staging on private property shall be made in writing and copies of the written agreements shall be provided to the County prior to Construction. The Contractor shall provide erosion and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas. The County has acquired Temporary Construction Easements (TCE) for work on the project. If the Contractor needs to perform work on private property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCE. All agreements made between the Contractor and the private property owners for additional TCE shall be made in writing and a copy of all written agreements shall be furnished to the County prior to any disturbance. The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCE obtained by the Contractor and shall modify the Erosion and Sediment Control Plans to include TCE. The Contractor shall inform the property owners and the tenants at the properties prior to construction. The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project. Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at Contractor's expense. Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter and any other action which alters existing conditions. All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense In addition, the Contractor will be required to secure Right of Entry for property owner access that extend beyond the Right of Way Line. No separate payment will be made. Contractor to review the access plans and determine the extent of the right of entry required. Weld County shall be notified of the right of entry prior to entry. END OF SECTION PSP 122 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 630 PORTABLE MESSAGE SIGN PANEL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall be revised to include the following: This work includes furnishing, operating, and maintaining a portable message sign panel. 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 Plans provide a sample traffic control plan to be used for bidding purposes. 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 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. Add subsection 630.03(a) immediately following subsection 630.03 as follows: 630.03 Portable Message Sign Panel. Portable message sign panel shall be furnished as a device fully self- contained on a portable trailer, capable of being licensed for normal highway travel, and shall include leveling and stabilization jacks. The panel shall display a minimum of three - eight -character lines. The panel shall be a dot-matrix type with an LED legend on a flat black background. LED signs shall have a pre -default message that activates before a power failure. The sign shall be solar powered with independent back-up battery power. The sign shall be capable of 360 degrees rotation and shall be able to be elevated to a height of at least five feet above the ground measured at the bottom of the sign. The sign shall be visible from one-half mile under both day and night conditions. The message shall be legible from a minimum of 750 feet. The sign shall automatically adjust its light source to meet the legibility requirements during the hours of darkness. The sign enclosure shall be weather tight and provide a clear polycarbonate front cover. Solar powered message signs shall be capable of operating continuously for 10 days without any sun. All instrumentation and controls shall be contained in a lockable enclosure. The sign shall be capable of changing and displaying sign messages and other sign features such as flash rates, moving arrows, etc. Each sign shall also conform to the following: 1. In addition to the onboard solar power operation with battery back-up, each sign shall be capable of operating on a hard wire, 100-110 VAC, external power source. 2. All electrical wiring, including connectors and switch controls necessary to enable all required sign functions shall be provided with each sign. 3. Each sign shall be furnished with an operating and parts manual, wiring diagrams, and trouble -shooting guide. 4. The portable message sign shall be capable of maintaining all required operations under Colorado mountain -winter weather conditions. 5. Each sign shall be furnished with an attached license plate and mounting bracket. 6. Each sign shall be wired with a 7 -prong male electric plug for the brake light wiring system. END OF SECTION PSP 123 WCR74/33 ROUNDABOUT November, 2022 REVISION OF SECTION 709 REINFORCING STEEL AND WIRE ROPE Section 709 of the Standard Specifications is hereby revised for this project as follows: Delete Subsection 709.03 and replace with the following: 709.03 Dowel Bars and Tie Bars. Tie bars for longitudinal and transverse joints shall conform to AASHTO A775 and ASTM A934 for fusion -bonded epoxy (FBE). Tie bars shall be grade 40 and shall be fully encapsulated with a corrosion resistant, multi -layered FBE coating applied at a minimum thickness of 20 mils and purple in color. No cold or wet patching will be allowed. Tie bar length and diameter shall be designated on the plans. Dowel bars for transverse joints shall conform to ASTM A934 for FBE coatings. Dowel bars shall be a solid carbon round steel bar and shall conform to ASTM A615, grade 60 for the bar core material. Dowel bars shall be saw cut with all sharp edges removed. Dowel bars shall be fully encapsulated with a corrosion resistant, multi -layered FBE coating applied at a minimum thickness of 20 mils and purple in color. No cold or wet patching will be allowed. Bar length and diameter shall be designated on the plans. Dowel bar used in the contraction baskets shall meet requirements as above. Dowels to be used in the baskets shall be prepared for welding. The areas where the dowel will be attached to the basket frame shall be ground and cleaned prior to welding. Burning through the FBE coating on the dowels to weld the dowels to the frames shall not be permitted. After the dowels are welded into the wire frame, the entire wire basket shall be fully coated with a multi -layered FBE applied as above. Wires shall be a minimum of 3/8" thick unless otherwise specified. All wire intersections shall be resistance welded. The dowel bars shall be arc or resistance welded to the basket on alternating ends of the dowel. Tolerances are ±1/4" unless otherwise specified. Baskets shall be manufactured so the dowels are horizontal and parallel to the basket. Simplex Time Capsule tie bars, dowel bars, and dowel baskets are examples of a product that meets this specification. Subsection 709.04 shall be added and shall state the following: 709.04 Welded Wire Mesh. Welded Wire Mesh (WWM) shall be used to reinforce concrete panels that are smaller than 12 feet x 15 feet and panels that are oddly shaped (i.e., not rectangular). WWM shall conform to ASTM A185, Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete and ASTM A497, Standard Specification for Steel Welded Wire Reinforcement, Deformed, for Concrete. WWM shall be galvanized, 10 -gauge wire with 6 -inch x 6 -inch square openings. END OF SECTION PSP 124 WCR74/33 ROUNDABOUT November, 2022 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the estimate for force account items included in the Contract. The estimated amounts will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. Force Account Item F/A Minor Contract Revisions F/A Erosion Control F/A Fuel Cost Adjustments F/A Asphalt Cement Cost Adjustments Quantity 1 F/A 1 F/A 1 F/A 1 F/A Amount $500,000.00 $25,000.00 $25,000.00 $25,000.00 F/A Minor Contract Revisions — This work consists of minor items authorized and approved by the Engineer, which is not included in the Contract drawings or specifications and is necessary to accomplish the scope of work in this Contract. F/A Erosion Control — This work consists of minor items, specifically those associated with erosion control, authorized, and approved by the Engineer, which is not included in the Contract drawings or specifications and is necessary to accomplish the scope of work in this contract. F/A Fuel Cost Adjustments — This item consists of possible payment adjustments associated with CDOT Section 109.06(i). F/A Asphalt Cement Cost Adjustments — This item consists of possible payment adjustments associated with CDOT Section 109.06(j). END OF SECTION PSP 125 WCR74/33 ROUNDABOUT November, 2022 TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10. The components of the Traffic Control Plan for this project are included in the following: 1 Subsection 104.04 and Section 630 of the specifications. 2 Standard Plans S-630-1 and S-630-2, Traffic Controls for Highway Construction. 3 Schedule of Construction Traffic Control Devices. 4 Signing and Striping Plans. All lane closures shall be subject to the approval of the Project Engineer. Each lane closure request shall be made at least 48 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized continuously for the purpose for which they were set up. The Contractor shall coordinate and cooperate fully with the Department, utility owners, and other contractors, to assure adequate and proper traffic control is always provided. Traffic Control Plans shall be submitted to the Department a minimum of one week prior to the date which implementation is planned. The Contractor shall coordinate and cooperate fully with any others providing traffic control for other operations to assure that work or traffic control devices do not interfere with the free flow of traffic except as allowed by the Traffic Control Plan. Excavations or holes shall be filled in or fenced at the Engineers direction when unattended. During non - construction periods (nights, weekends, holidays, etc.), all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. The Contactor is cautioned that all personal vehicle and construction equipment parking will be prohibited where it conflicts with safety, access, or the flow of traffic. The Contractor shall not have construction equipment nor materials in the lanes open to traffic nor parked or stored within the clear zone adjacent to active lanes of travel at any time. Materials or equipment stored within the right-of-way outside of the clear zone shall be as designated by the Contractor and approved by the Engineer. The Contractor's and employee's vehicles shall be parked in a safe place away from active traffic and shall not directly access roadways except at designated locations. If required, the Contractor shall provide suitable transportation to and from work sites for personnel. The Contractor shall submit an MHT, all appropriate Traffic Control Supervisor and Flagger certifications to the Engineer prior to approval of the setting any traffic control device. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless otherwise approved by the Engineer. All personnel vehicle parking is prohibited where it conflicts with safety, access or flow of traffic. The Contractor shall maintain open communication with the Project Engineer about all aspects of the daily and weekly work schedule. All construction traffic control devices including signs installed as part of this project shall be installed, as stated in the Traffic Plans and CDOT's M & S Standards. Construction signing shall be removed unless work is in progress or devices have been left on the job site. All portable signs not required overnight shall be removed at PSP 126 WCR74/33 ROUNDABOUT November, 2022 the end of each working day and shall not block or impede other existing traffic control devices, or sidewalks for pedestrians, disabled persons, or bicycles. The Contractor shall equip its construction vehicles with flashing amber lights. Flashing lights on vehicles shall be visible from all directions. The Contractor shall be required to perform snow removal on both the jobsite area as well as any adjacent roads which have been closed to through traffic by an approved Traffic Control Plan. The Contractor shall also provide a means for County snowplows to either turn -around or drive through the closed roads if necessary, to facilitate our County -wide snow plowing operations. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. END OF SECTION PSP 127 WCR74/33 ROUNDABOUT UTILITIES COORDINATION November, 2022 The following table includes contacts that can assist in locating and coordinating with known utilities. UTILITY OWNER CONTACT / EMAIL PHONE North Weld County Water District Jared Rauch/jaredr@nwcwd.org 970-356-3020 Century Link (Lumen) — Phone and Fiber Gary Crispe/gcrispe@terratechllc.net 303-995-1465 TDS Telecom — Fiber Ken Mott/ken.mott@tdstelecom.com 970-222-3401 Xcel Energy — Electrical Distribution Al Ermer/al.ermer@xcelenergy.com 970-215-2126 DCP Operating LLC — Gas/Oil Jesse Biwer/jpbiwer@dcpmidstream.com 970-502-2127 PDC Energy — Gas/Oil Tammy Waters/tammy.waters@pdce.com 970-313-5521 Bayswater E&P, LLC — Gas/Oil Tyler Hammond/thammond@bayswater.us 303-875-5875 Noble Energy — Gas/Oil TJ Mansfield/tj.mansfield@chevron.com 970-631-2343 The Contractor shall coordinate with the Project Engineer and any appropriate utility company to facilitate the installation, placement and relocation of all utilities impacted on this project. It is anticipated that streetlights and associated facilities will be constructed by Xcel Energy. The Contractor shall coordinate and cooperate with Xcel Energy and their work crews to facilitate the construction of the streetlights and associated facilities. The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with Subsection 105.11 in conducting their respective operations, so the utility work can be completed with minimum delay to all parties concerned. The Contractor shall coordinate the work with the owners of the utilities impacted by the work. Coordination with utility owners includes, but is not limited to, staking construction features, providing and periodically updating an accurate construction schedule which includes all utility work elements, providing written notification of upcoming required utility work elements as the construction schedule indicates, allowing the expected number of working days for utilities to complete necessary relocation work, conducting necessary utility coordination meetings, and all other necessary accommodations as directed by the Project Engineer. Prior to excavating or performing any earthwork operations, the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction. PSP 128 WCR74/33 ROUNDABOUT November, 2022 IRRIGATION FACILITIES COORDINATION The work described in these plans and specifications requires coordination between the Contractor and the adjacent landowners in conducting their respective operations as necessary to complete the irrigation facilities work with minimum delay to the project. Work impacting the irrigation facilities shall not occur during irrigating season. The Contractor shall notify all affected landowners at least seven (7) days, prior to commencing work on privately -owned irrigation facilities. The locations of irrigation facilities shown on the plans and described herein were obtained from the best available information but are not to be considered complete as to location or identification of all irrigation structures that could be encountered. While performing work during the irrigation season (typically April 15. through September 15`'') the Contractor will be required to construct temporary ditches, berms, pipes, diversions, and dewatering to keep the irrigation water separated from the work areas. All such work shall be coordinated with the effected landowner. In addition, any permanent irrigation features (pipes, ditches, and structures) required as part of this project shall be completed and functional prior to April 15"', 2023. Materials for irrigations facilities shall be the types called out on the Plans, or an approved equal. Prior to materials delivery the Contractor shall submit manufacture's data to the County for review and approval. 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 irrigation facilities conflicts. END OF SECTION PSP 129 WELD COUNTY PUBLIC WORKS DEPARTMENT WCR 33/74 ROUNDABOUT PROJECT STANDARD SPECIAL PROVISIONS Date Pages Revision of Sections 101 and 106 — Buy America Requirements Revision of Section 105 — Control of Work Revision of Section 109 — Asphalt Cement Cost Adjustment Revision of Section 109 — Prompt Payment (Local Agency) Revision of Section 207 — Topsoil Revision of Section 212 — Soil Amendments, Seeding, and Sodding Revision of Section 401— Tolerances for HMA (Voids Acceptance) Revision of Section 601 — Concrete Mix Designs Revision of Section 601 — Class DF Concrete Revision of Section 630 — Traffic Control Management Affirmative Action Requirements — Equal Employment Opportunity Certified Payroll Requirements for Construction Contracts Minimum Wages Colorado — Weld County Decision No. CO20220014 MOD 1 On the Job Training Required Contract Provisions — Federal -Aid Construction Contracts (November 1, 2022) 3 (October 1, 2022) 1 (October 1, 2022) 3 (October 1, 2022) 2 (October 1, 2022) 6 (October 1, 2022) 18 (October 1, 2022) 1 (October 1, 2022) 1 (October 1, 2022) 1 (October 1, 2022) 1 (October 1, 2022) 10 (October 1, 2022) 1 (February 25, 2022) 8 (October 1, 2022) 4 (October 1, 2022) 13 TOTAL 73 November 1, 2022 REVISION OF SECTIONS 101 AND 106 BUY AMERICA REQUIREMENTS Sections 101 and 106 of the Standard Specifications shall include the following: Add the following to Subsection 101.02: Construction Material: Includes an article, material, or supply - other than an item of primarily iron or steel - that is or consists primarily of non-ferrous metals; plastic and polymer -based products (including polyvinyl chloride [PVC], composite building materials, and polymers used in fiber optic cables); glass; lumber; or drywall. Domestic Content Procurement Preference: A phrase meaning that all iron and steel used in the project is produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. Infrastructure: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. Section 106 of the Standard Specifications is hereby revised as follows: 106.11 Buy America Requirements, delete and replace with the following: (a) Steel and Iron. All manufacturing processes, including the application of a coating, for all steel and iron products permanently incorporated in the work shall have occurred in the United States of America. All manufacturing processes include the processes that change the raw ore or scrap metal into a finished steel or iron product. This requirement will not prevent a minimal use of foreign steel or iron, provided the total cost, including delivery to the project, of all such steel and iron products does not exceed one -tenth of one percent of the total contract cost or $2,500, whichever is greater. When there is foreign steel or iron permanently incorporated into the project, the Contractor shall provide documentation of the project delivered cost of that foreign steel or iron. The Contractor shall maintain on file Buy America certifications that every process from either the original smelting or melting operation, including the application of a coating, performed on steel or iron products either has or has not been carried out in the United States of America. These Buy America certifications apply to every steel and iron product that requires pre- inspection, pretesting, certified test results, or a certificate of compliance. Shipping invoices, bar lists, and mill test reports shall accompany the Buy America certifications. The Contractor shall obtain a Buy America certification from each supplier, distributor, fabricator, and manufacturer that has handled each steel or iron product. These Buy America certifications shall create a chain of custody trail for every supplier, distributor, fabricator, and manufacturer that handled the steel or iron product and shall include certified mill test reports with heat numbers from either the original smelting or melting operation. Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications including supporting documentation. When the Contractor does not provide the Buy America certifications at the Engineer's request, the Engineer will reject the steel or iron product. November 1, 2022 REVISION OF SECTIONS 101 AND 106 BUY AMERICA REQUIREMENTS Before the permanent incorporation into the project and before payment for steel or iron products, the Contractor shall provide an assurance document. The assurance document shall certify in writing that the steel or iron products comply with Buy America requirements; the Buy America certifications and supporting documentation are on file; and when requested, the Contractor has submitted the required documentation to CDOT. The Contractor shall also maintain an assurance document that summarizes the date and quantity of all steel and iron material delivered to the project. This assurance document shall include the pay item, quantity of material delivered to the project, mill test reports with heat numbers, and the quantity of material installed by the monthly progress payment cutoff date. The assurance document shall reconcile the pay item quantities and certified mill test reports, for the material delivered to the project to the Buy America certifications and supporting documentation. The assurance documentation shall include the cost of all foreign steel or iron delivered and permanently incorporated into the project. The Contractor shall also submit a summary for each month that no steel or iron products are incorporated into or delivered to the project. The Contractor shall submit the assurance documentation to the Engineer by the monthly progress payment cutoff date. The assurance documentation does not relieve the Contractor of providing the necessary Buy America certifications and supporting documentation for steel or iron products. (b) Manufactured Products. Regulations require the use of domestic steel and iron in Federally funded construction projects. Buy America applies to construction components which are "predominantly steel or iron products," defined by CDOT as products which are manufactured with at least 90% steel or iron content by weight when delivered to the job site for installation. FHWA provides waivers for manufactured products and products that are not predominantly steel or iron. The FHWA's 1983 final Buy America regulations (see https://www.fhwa.dot.gov/programadmin/contracts/112583.cfm) waive the application of Buy America to manufactured products that do not include steel and iron components. However, Buy America applies to the steel wire mesh or steel reinforcing components of manufactured products (i.e. precast reinforced concrete elements). (c) Glass Beads for Pavement Marking. All post -consumer and industrial glass beads for pavement marking shall have been manufactured from North American glass waste streams in the United States of America. The bead manufacturer shall submit a COC in accordance with subsection 106.12 confirming that North American glass waste streams were used in the manufacture of the glass beads. (d) Construction Materials. All manufacturing processes for eligible construction materials permanently incorporated into the work shall have been manufactured in the United States of America. All manufacturing processes for construction materials consist of at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. Buy America requirements shall apply to the following eligible construction materials: 1. Non-ferrous metals; 2. Plastic and polymer -based products (including, but not limited to,polyvinylchloride [PVC]); 3. Glass; 4. Lumber; or 5. Drywall Note 1: Raw materials such as cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives are excluded from Buy America requirements. November 1, 2022 REVISION OF SECTIONS 101 AND 106 BUY AMERICA REQUIREMENTS Items that consist of two or more of the listed materials that have been combined through a manufacturing process, and items that include at least one of the listed materials combined with a material that is not listed through a manufacturing process, should be treated as manufactured products, rather than as construction materials. Before the permanent incorporation into the project for all eligible construction materials, the Contractor shall obtain a certification from each supplier. This certification must identify where the construction material was manufactured and attest specifically to Buy America compliance. The Contractor shall maintain and submit on a monthly basis, CDOT Form #1600, Contractor's Certificate of Compliance summarizing the Item Description, CDOT Bid Item #, Manufacturer Name Identifier, Date and Quantity Received, Date and Quantity Installed, and Bid Item Unit of all eligible construction materials. The COC does not relieve the Contractor of providing the necessary Buy America supplier certifications prior to permanent incorporation into the project. Upon request, the Contractor shall allow the State, FHWA, and their representatives access to the Buy America certifications. The lack of these certifications will be justification for rejection of the construction material. (e) Waivers. The Federal Highway Administration is responsible for processing and approving all waivers, including waivers requested by recipients and on behalf of subrecipients. More information on Buy America waivers can be found in Section 5.2 of the Field Materials Manual Special Notice to Contractors. If a Contractor desires to pursue a waiver they shall notify the CDOT Project Engineer in writing who will then submit it to the CDOT Materials & Geotechnical Services Unit, Pavement Design and Documentation Services Program. The Pavement Design and Documentation Services Program will review it and forward it to the FHWA Division Office for consideration. A Contractor's decision to pursue any waivers on the project shall not waive or otherwise nullify any provisions of the Contract. In addition, the time to obtain a waiver shall be considered a non - excusable, non-compensable delay and Liquidated Damages (per Subsection 108.09) will be enforced should the Contract Time (original or as -amended) expire due to the approval or non - approval of a waiver. The Contractor will not be entitled to an extension of contract time due to the approval or non - approval of a waiver and no such claim will be considered. October 1, 2022 REVISION OF SECTION 105 CONTROL OF WORK Revise Section 105 of the Standard Specifications as follows: Revise Paragraphs 4, 5 and 6 of Subsection 105.20 as follows: If damage occurs to an existing structure through improper maintenance per 105.19, the Contractor shall submit a repair procedure to the Engineer to repair the defect(s). The repair categories and requirements are defined as follows: a) "In -kind" repairs. In -kind repairs are repairs where the As -Built or Advertised plans are utilized to replace or repair damaged components with identical dimensions and materials used plans and where no plan modifications are made. In -kind repair procedures shall be reviewed and accepted by the Engineer before any repair. The use of approved repair grouts or doweled reinforcing with epoxy adhesive is permitted in in -kind repairs. Doweled reinforcing shall meet or exceed the strength requirements of the original design. a) "Modified repairs". Modified repairs are those which deviate in dimensions and/or materials from'the As -Built or Advertised plans or where plans are not available. Modified repair procedure submittals shall include calculations, independent design calculations, shop drawings, and/or working drawings per 105.02, and any other applicable section of the specifications for the needed repair. The Contractor's Engineer shall electronically seal Modified repair submittals. Damage to new structures or modified structures, shall be repaired per the contract documents. The Engineer of Record shall be notified and review all corresponding submittals before any repairs. October 1, 2022 1 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06 (j) and replace with the following: (j) Asphalt Cement Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the monthly average price of asphalt cement from the average price for the month preceding the month in which bids were received for the Contract. These cost adjustments are not a change to the contract unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will apply to the Contract. After bids are submitted, the Contractor will not be given the opportunity to accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost adjustment will not apply to the Contract. If the asphalt cement cost adjustment is accepted by the Contractor, the adjustment will be made in accordance with the following criteria: Abbreviations and Terms 1. Estimate Price for asphalt (EP) — Average Asphalt Cement price index for the calendar month prior to the calendar month in which the partial estimate pay period ends. a On the first Monday of each month, the Department determines the EP using price values from the most recent Poten & Partners Asphalt Weekly and the Argus Americas Asphalt Report. The Department averages values for the following, eliminating the single highest and single lowest values, before averaging. The high reported selling price (per ton) of typical non -modified paving grades of asphalt from the Poten and Partners Asphalt Weekly Monitor. Colorado Colorado Springs Area Montana Eastern markets Western markets Nebraska Western markets New Mexico Northern Southern Utah Salt Lake City area Wyoming Northern markets Southern markets The high reported selling price (per ton) of typical non -modified paving grades of asphalt from the Argus Americas Asphalt Report. Denver Kansas City Omaha Salt Lake City Wyoming This average value is then averaged with values obtained in the same manner for the previous three weekly reports to establish the EP. b. The EP remains in effect until the first Monday of the following month and is used for regular partial estimates closed before the first Monday of the following month. 2. Base Price for asphalt (BP) — Average Asphalt Cement price index for the calendar month prior to the calendar month in which bids are opened. October 1, 2022 2 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) 3. Asphalt cost adjustment (ACCA) — Asphalt Cement Cost Adjustment. https://www.codot.gov/business/designsupport/cdot-construction-specifications/2022-construction- specifications/acca 1. Cost adjustments will be made on a monthly basis subject to the following conditions: A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for the following two pay items when measured by the ton and asphalt cement is included in the pay items: Item No. Item Pay Unit Hot Mix Asphalt (Grading ) (Asphalt) T 403 Stone Matrix Asphalt (Grading _) (Asphalt) Ton *Hot Mix Asphalt (Patching) is not subject to asphalt cement cost adjustment. B. A cost adjustment will be made only when the EP asphalt cement price index varies by more than 10 percent from the BP asphalt cement price index, and only for that portion of the variance in excess of 10 percent. Cost adjustments may be either positive or negative dollar amounts. C. The maximum allowable monthly and final price adjustment to the Contractor or rebate to The Department is limited to a (EP/BP) ratio of 1.6 and 0.4, respectively. D. Asphalt cement cost adjustments will not be made for any partial estimate falling wholly after the expiration of contract time. E. Adjustment formula: EP greater than BP: ACCA = (EP —1.10 BP) (PA) (Q) EP less than BP: ACCA = (EP — 0.90 BP) (PA) (Q) Where: EP = Average Asphalt Cement price index for the calendar month prior to the calendar month in which bids are opened = Average Asphalt Cement price index for the calendar month prior to the calendar month in which the partial estimate pay period ends ACCA = Asphalt Cement Cost Adjustment PA = Percent of the paving mixture that is asphalt cement. Asphalt Cement content will be determined by the weighted average of all asphalt cement content percentages obtained from the field acceptance tests for that item (Use decimal in formula, e.g.: 0.053). If Reclaimed Asphalt Pavement (RAP), Reclaimed Asphalt Shingles (RAS), or both is used, the percent of Virgin Asphalt Cement added to the mix will be determined by subtracting the percent of asphalt cement in the RAP, RAS, or both from the percent of asphalt cement in the mix as calculated from Revision of Section 401, Reclaimed Asphalt Pavement and Revision of Section 401 Reclaimed Asphalt Shingles. Pay quantity for all 403 items shown above xthe monthly partial pay estimate in Tons fl October 1, 2022 3 REVISION OF SECTION 109 ASPHALT CEMENT COST ADJUSTMENT (ASPHALT CEMENT INCLUDED IN THE WORK) Example: Bids are opened on July 16. The BP will be the average of the weekly postings for June 1 through June 30. For an estimate cut-off date selected by the Contractor at the Pre -Construction Conference of the 20° of the month a February estimate will include HMA quantities measured from the 2151 of January through the 20. of February, and the EP index used to calculate ACCA will be the average of the weekly prices for January 1 through January 31 as established by CDOT. F. Cost adjustment will not be made for the quantity of any item that is left in place at no pay or for material removed and replaced at the Contractor's expense. G. Cost adjustments will not be made to items of work added to the Contract by Change Order after the award of the Contract. H. The asphalt cement cost adjustment will be the sum of the individual adjustments for each of the pay items shown above. No adjustment will be made for asphalt cement costs on items other than those shown above. I. Asphalt cement cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned force account item: Asphalt Cement Cost Adjustment. Asphalt cement cost adjustments resulting in a decreased payment to the Contractor will be deducted from monies owed the Contractor. October 1, 2022 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) Section 109 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 109.06(e) and replace with the following: (e) Prompt Payment. The Contractor shall pay subcontractors and suppliers for all work which has been satisfactorily completed within seven calendar days after receiving payment for that work from the Local Public Agency (LPA). For the purpose of this section only, work shall be considered satisfactorily complete when the LPA has made payment for the work. The Contractor shall include in all subcontracts a provision that this requirement for prompt payment to subcontractors and suppliers must be included in all subcontracts at every tier. The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid. If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor until the required payments have been made. The Engineer will continue to authorize progress payments for work performed by compliant subcontractors. Delete subsection 109.06(f)5 and replace with the following: 5. In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full. The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the LPA or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. Delete subsection 109.06(f)8 and replace with the following: 8. If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work in accordance with Contract requirements and at unit bid prices. For this subsection only, satisfactory completion of all work described on CDOT Form No. 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the LPA. The requirements stated above do not apply to retainage withheld by the LPA from monies earned by the Contractor. The LPA will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision. Delete subsection 109.06(09 and replace with the following: 9. If during the prosecution of the project a portion of the work is partially accepted in accordance with subsection 105.21(a), the Contractor shall release all subcontractors' retainage on the portion of the partially accepted work performed by subcontractors. Prior to the LPA releasing the Contractor's retainage on work that has been partially accepted in accordance with subsection 105.21(a), the Contractor shall submit to the Engineer a certified statement for each subcontractor that has participated in the partially accepted work. The statement shall certify that the subcontractor has been paid in full for its portion of the partially accepted work including release of the subcontractor's retainage. The statement shall include the signature of a legally responsible official for the Contractor, and the signature of a legally responsible official for the subcontractor. October 1, 2022 2 REVISION OF SECTION 109 PROMPT PAYMENT (LOCAL AGENCY) Delete subsection 109.06(g) and replace with the following: (g) Good Cause Exception. If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the LPA and the subcontractor in writing within seven calendar days after receiving payment from the LPA. The notification shall specify the amount being withheld and provide adequate justification for withholding the payment. The notice shall also clearly state what conditions the subcontractor must meet to receive payment. "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork. Delete subsection 109.06(h) and replace with the following: (h) Monthly Reporting. On a monthly basis, the Contractor shall submit the Form 1418, Monthly Payment Report, to the Engineer along with the project schedule updates, in accordance with subsections 108.03(g). Failure to submit a complete and accurate Form 1418 shall be grounds for CDOT to withhold subsequent payments or retainage from the Contractor. October 1, 2022 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 Region or Headquarters Landscape Architect. MATERIALS 207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. Topsoil shall be generated from one or more of the following as shown on the plans: (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 and locations shown on the Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. (b) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil shall be extracted from the project site at locations shown on the plans or as directed, to a minimum depth of 12 inches or at the depths as shown on the plans. (c) Seeding Media. Seeding Media shall consist of one or all of the following approved materials: sub -soil, overburden, or material generated from rock. Contractor shall select onsite or offsite locations to generate material that meet the requirements of Table 207-1. The Contractor shall provide a Certified Test Report (CTR) in accordance with subsection 106.13, excluding lot, heat, and batch confirming that the excavated material conforms to Table 207-1. (d) Topsoil (Offsite). The Contractor shall submit a CTR for Topsoil (Offsite) for approval a minimum of 60 days prior to import in accordance with subsection 106.13. The Contractor shall include with the CTR a complete Soil Nutrient Analysis for the properties listed in Table 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, 2022 2 REVISION OF SECTION 207 TOPSOIL The Contractor shall submit a Certificate of Compliance (COC) for Topsoil (Offsite) for approval a minimum of 60 days prior to import that the source has controlled noxious weeds in accordance with the State of Colorado Noxious Weed Act 35-5.5-115. Table 207-1 PHYSICAL PROPERTIES OF SEEDING MEDIA Property Range Test Soil pH (s,u.) . 5.6 — 7.5 ASA Mono. #9, Part 2, Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) (mmhos/cm or ds/m) < 5 0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10-3.4 Rock Content (%) < 25 — USDA NRCS Rock Fragment Modifier Usage Trace Contaminants Selenium, Zinc, Nickel, and Lead) Meets US EPA, 40 CFR (Arsenic, Cadmium, Copper, Mercury, EPA6020/ASA (American 503 Regulations TMECC 04.06 or 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 ASA Monograph #9, Part 1, Method 15-4 or topsoil. ASA 1 43-5 All Particle Sizes < 6 Inches Physical contaminants (man-made inerts) CYO < 1 TMECC 03.08-C C:N ratio <20 TMECC 05.02-A Fines % when manufacturing material from rock >25% material passing through #4 sieve ASTM D6913 Amendments to the base imported material shall have the quantities of material verified onsite prior to incorporation into parent material, either at the stockpiles or after placement of parent material. Topsoil amended at the stockpiles shall be distributed to the site within seven days. * Substitute this requirement for USDA Soil Texture requirement when project are approved to use material manufactured from native rock material on site. October 1, 2022 3 REVISION OF SECTION 207 TOPSOI L Table 207-2 TOPSOIL (OFFSITE) PROPERTIES Property Range Test Methods ASA Mono. #9, Part 2, Soil pH (s.u) 5.6 - 7.5 Method 10-3.2 or TMECC 04.11-A Salt by Electrical Conductivity (EC) (mmhos/cm or ds/m) < 2 0 ASA Mono. #9, Part 2, Method 10-3.3 Soil SAR (s.u.) 0 - 10 ASA Mono. #9, Part 2, Method 10-3.4 Soil OM (%) 3 — 5 Methods of Soil Analysis, Part 3, Method 34 Methods of Soil Analysis, Part 3. Chemical Methods. Soil N (NO3-n,≥ ppm) 20.0 Ch: 38 Nitrogen — Inorganic Forms Soil P (ppm) ≥ 13.0 ASA Mono. #9, Part 2, Method 24-5.4 or others as required based on soil pH Soil K (ppm) ≥ 80 ASA Mono. #9, Part 2, Method 13-3.5 Rock Content (%) greater than 3" diameter < 25 USDA NRCS Rock — Fragment Modifier Usage Bioassay (seedling emergence and relative u TMECC 05.05-A or 80% of control Approved Germination Test No more than 70% Soil Texture 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 TMECC 04.06 or (Arsenic, Cadmium, Copper, Mercury, Selenium, Zinc, Nickel, and Lead) Meets US EPA 40 CFR 503 Regulations EPA6020/ASA (American Society of Agronomy) All Particle Sizes < 6 Inches C:N ratio <20 TMECC 05.02-A The Contractor shall utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following requirements: (1) Steel rod with a minimum diameter of IA 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. (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. October 1, 2022 4 REVISION OF SECTION 207 TOPSOIL CONSTRUCTION REQUIREMENTS 207.03 Site Pre -vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation for the project, the Contractor shall request a Site Pre -vegetation Conference. The Engineer will set up the conference and will include: the Engineer or designated representative, the Superintendent or designated representative, the sub- contractor(s) performing the subgrade soil preparation and soil amendments, and the CDOT Landscape Architect representing the Region. Only one meeting is required for the project unless a new sub -contractor is brought on that did not attend the previous meeting. The Agenda of the Pre -vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: (1) Final review of the Topsoil (Offsite) Amendment Protocol (2) Review of the Method Statement detailing the equipment which will be used for the subgrade soil preparation operations (3) Review of rod penetrometer which will be used to determine subgrade soil preparation of topsoil (4) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de - compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (5) Seeding. See subsection 212.03 for submittal requirements. (6) Meeting attendee sign -in log 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil stockpiles shall be identified using white pin flags with "TOPSOIL" printed in black letters and shall have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25 feet. Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. Windrowed topsoil shall not be used as perimeter erosion control or extensively compacted. When topsoil is windrowed, all stockpile requirements still apply. (1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, in accordance with Section 217, or as directed. (2) Wetland Topsoil. Wetland stockpiles shall not be treated with herbicide. Weeds shall be hand pulled. Wetland topsoil shall be placed within 24 hours from excavation, unless otherwise approved by the Engineer. Wetland topsoil shall not be stockpiled for more than six months. 207.05 Subgrade Soil Preparation. Before placement of topsoil, the subgrade shall be ripped to a minimum depth of 14 inches. Subgrade shall be mostly dry and friable. Subgrade shall crumble without sticking together, yet not be so dry and hard that it does not break apart easily. Underground utilities shall be located prior to soil preparation. October 1, 2022 5 REVISION OF SECTION 207 TOPSOIL Subgrade soil preparation equipment shall meet the requirements for either winged tip or parabolic shanks. Operation shall be performed to fracture the soil uniformly without lifting or furrowing the surface excessively. The Contractor shall submit a method statement for subgrade soil preparation other equipment will be considered. 1. Winged tip shanks (dozer equipment) shall be a minimum of 6 inches wide and have 2 inches of vertical profile change on the blade with a 40 - 60 -degree sweep angle. The Contractor shall calibrate the subgrade soil preparation equipment using a minimum 30 linear feet of the initial pass. The Contractor shall utilize the rod penetrometer to verify that that de -compaction was successfully done. The Contractor shall take penetration measurements every 6 inches across a transect perpendicular to the direction of the tractor and spanning the width of the subgrade soil preparation. Depths of penetration shall confirm that a minimum of 12 inches can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). Existing subgrade shall be de -compacted to a depth of 14 inches. If multiple passes are needed, the subsequent passes shall be positioned so that the ripping equipment (subsoilers) from the previous pass are split by the subsequent pass. Following ripping, the Contractor shall remove all sticks, stones, debris, clods, and all other substances greater than 6 inches in diameter. The Contractor shall restrict motorized vehicle and foot traffic from passing over the ripped area since this would recompact the areas that received subgrade soil preparation. The first 4 feet from the edge of pavement shall be ripped to a depth of 6 inches. If the project is going to use aggregate base course or recycled asphalt as a shouldering technique, those areas will not require subgrade soil preparation. Depth of soil ripping for the subgrade soil preparation shall be checked with the rod penetrometer. The Contractor shall verify adequate de -compaction of the entire area to have topsoil placed using a rod penetrometer in the presence of the Engineer. Tests shall be performed at a minimum of ten random locations per each acre as selected by the Engineer. The Test shall verify that a depth of 12 inches of penetration into the soil can be achieved without reaching 300 psi on the rod penetrometer pressure gage (approximately 30 pounds of pressure on the T -handle). If this depth cannot be achieved for 80 percent of the penetrations, the Contractor shall re -rip the area at no additional cost to the Department. 207.06 Placement of Topsoil and Seeding Media. Topsoil and Seeding Media shall be hauled and placed at the locations disturbed and will be re -vegetated or as shown on the plans. The contractor shall place a minimum thickness of 6 inches and should only be handled when it is dry enough to work without damaging soil structure. Topsoil and Seeding Media shall be placed a minimum depth of twelve (12) inches when placed over riprap as required on the plans. No Topsoil or Seeding Media shall be placed below ordinary high water mark except as otherwise specified in bio-stabilization bank treatments. Salvaged topsoil placement deeper than 6 inches is allowed if additional approved material is on -site. Contractor shall place topsoil in a method that does not re -compact subgrade material using low ground -contact pressure equipment, or by excavators and/or backhoes operating adjacent to it. The final grade shall be free of all materials greater than 4 inches in diameter within the designed clear zone for the project. Equipment not required for revegetation work will not be permitted in the areas of placed topsoil. Soil amendments, seedbed preparation, and permanent stabilization mulching shall be accomplished within four working days of placing the topsoil on the de -compacted civil subgrades. If placed topsoil is not mulched with permanent stabilization mulch within four working days, the Contractor shall complete interim stabilization methods in accordance with subsection 208.04(e), at no additional cost to the Department. Time to perform the work may be extended for delays due to weather. October 1, 2022 6 REVISION OF SECTION 207 TOPSOIL METHOD OF MEASUREMENT 207.07 Topsoil material will be measured by the actual number of cubic yards of topsoil placed and accepted. Subgrade soil preparation will be measured by the square yards of subgrade which is ripped and accepted for adequate de -compaction. BASIS OF PAYMENT 207.08 The accepted quantities measured will be paid for at the Contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Topsoil (Onsite) Cubic Yard Seeding Media Cubic Yard Topsoil (Offsite) Cubic Yard Topsoil (Wetland) Cubic Yard Subgrade Soil Preparation Square Yard Amendments for Topsoil (Onsite) and Seeding Media will be measured and paid for in accordance with Section 212. Amendments for Topsoil (Offsite) will not be measured and paid for separately, but shall be included in the work. Noxious Weed Management will be measured and paid for in accordance with Section 217. Stockpiling or windrowing of topsoil will not be measured and paid for separately, but shall be included in the work. Testing of Seeding Medial and Topsoil (Offsite) will not be measured and paid for separately but shall be included in the work. Rod penetrometer and associated verification testing of random locations will not be measured and paid for separately, but shall be included in the work. The Site Pre -vegetation Conference will not be paid for separately, but shall be included in the work. Additional passes with the ripping equipment to achieve the desired de -compaction will not be measured and paid for separately, but shall be included in the work. Removing of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all topsoil and Seeding Media used within the designed clear zone for the project will not be measured and paid for separely, but shall be included in the work. October 1, 2022 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Section 212 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION 212.01 This work consists of application of fertilizer, soil amendments, seedbed preparation, and placing seed and sod. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Region or Headquarters Landscape Architect. MATERIALS 212.02 Seed, Fertilizers, Soil Conditioners, Mycorrhizae, Elemental Sulfur, and Sod. (a) Seed. 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 prior to 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 (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 in accordance with 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. October 1, 2022 2 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 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. Organic fertilizer formulation being submitted for use must be registered with the Colorado Department of Agriculture. Verification tests may be conducted by CDOT 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. (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 as shown on the plans. 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 A 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) (°fa) 1 - 8 AC Official Method 983.02 Potassium in Fertilizers` October 1, 2022 3 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Low N organic fertilizer chemical analysis shall conform to Table 212-2. Table 212-2 Chemical Analysis for Low N Fertilizer Ingredient Range Test Method Nitrogen (N) (%) 2 -5 AOAC Official Method 993.13 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) (%) 3 - 8 AOAC Official Method 960.03 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Table 212-3 Organic Fertilizer Properties Criteria Range Moisture content by weft <6% (c) Compost (Mechanically Applied). 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 in accordance with 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 in accordance with the USCC Test Methods for Examining of Composting and Compost (TMECC) manual. Verification tests may be conducted by CDOT 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. 1. Compost for permanent seeding soil conditioner locations onsite and application rates shall be as shown on the plans. 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 in accordance with USCC TMECC. October 1, 2022 4 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-4 Gradation for Permanent Seeding Compost Sieve Size Percent Passing Minimum Maximum Test Method 25.0 nun (1") 100 TMECC 02.02-B, "Sample 19.0 mm (3/4") 90 100 Sieving for Aggregate Size 6.25 mm (1/4") 70 100 Classification" Note: Compost shall be from a producer that participates in the USCC STA program. Table 212-5 Properties for Permanent Seeding Compost Compost Parameters Reported as Requirements Test Method pH Soluble Salts (Electrical Conductivity) Moisture Content Organic Matter Content Carbon to Nitrogen Ratio (C:N) Man-made Inert Contamination (plastic, concrete, ceramics, metal, etc.) Stability (respirometry) Select Pathogens and weed free pH units dS/m (mmhos/cm) %, wet weight basis %, dry weight basis pounds per cubic yard %, dry weight basis mg COz-C per g TS per day mg CO2-C per g OM per day (PASS/FAIL) Limits: Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram (PASS/FA1L) 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 6.0 - 8.5 < 5.0 25% - 50% 20% - 50% >240 <15:1 < 1% 8 or below Pass Pass TMECC 04.11-A TMECC 04.10-A TMECC 03.09-A TMECC 05.07-A TMECC 03.08-A TMECC 05.08-B TMECC 07.01-B Fecal Coliforms, or 07.02 Salmonella TMECC 04.06 Maturity (Bioassay) Percent Emergence %, (average) > 80% TMECC 05.05-A Relative Seedling Vigor %, (average) > 80% Use the STA Lab bulk density lb/cu ft as received, multiplied by organic matter 4 as received, multiplied by 27 to calculatelounds per cubic yard of organic matter. October 1, 2022 5 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 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 mm (1 ") 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 Compost Parameters Reported as Requirements Test Method pH pH units 6:0 - 8.5 TMECC 04.11-A Soluble Salts (Electrical dS/m (mmhos/cm) < 5.0 TMECC 04.10-A Conductivity) 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 (PASS/FAIL) Limits: TMECC 07.01-B weed free Salmonella < 3 MPN/4 grams of TS, or Coliform Bacteria < 1000 MPN/gram Pass Fecal Conforms, or 07.02 Salmonella (PASS/FAIL) Limits (mg kg -l' dw basis): Trace Metals 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 (Bioas$AY) Percent Emergence %, (average) N/A TMECC 05.05-A dative Seedling Vigor %, (average) N/A (d) Biotic Soil Amendments (Hydraulically Applied). Soil amendments shall be a combination of natural fibers, growth stimulants, and other biologically active material designed to improve seed germination and vegetation establishment as shown in Table 212-8. Biotic soil amendments shall be pre-packaged in ultraviolet and weather resistant packaging and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking a label will be rejected. Bulk shipments such as tote October 1, 2022 6 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 °F. Acceptance of material shall be subject to the requirements of the Department's Approved Product List (APL). The application rate of the biotic soil amendments shall be in accordance with the rates shown on the plans. Use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be in accordance with 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, professional grade reed sedge peat moss or compost that meets the Seal of Testing Assurance Program of the US Composting Council %, dry weight basis > 41% Mechanically processed straw consisting of weed free agricultural straw, flexible flax fiber or rice hulls % dry weight basis < 57% Table 212-9 Performance and Physical Requirements of Biotic Soil Amendments Parameters Reported as Requirement Test Method pH pH units 5.0 - 7:5 ASTM D1293 Moisture content %, wet weight basis 10% - 50% ASTM D 2974 Organic matter content %, dry weight basis > 85% ASTM D586 Carbon Nitrogen Ratio Ratio C:N < 38:1 ASTM E1508 Man-made inert contamination %, dry weight basis < 1.0% Acute Toxicity ' (Pass/Fail) Pass (non-toxic) ASTM E729- 96(2014) or EPA Method 2021.0 or EPA Method 2002.0 Vegetative Minimum > 400% ASTM 7322 The Contractor shall provide a CTR with independent laboratory analysis for the required parameters in accordance with subsection 106.13. (e) Humate. The Contractor shall provide a screened dry granular form of organic humic and fulvic acid substance. Humate shall be pre-packaged and labeled from the manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Humate shall be stored in locations not exceeding 80 °F. Humate shall be provided in accordance with the rates shown on the plans. Product shall conform to the parameters in Table 212-10 and Table 212-11. October 1, 2022 7 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-10 Screened Size Requirements for Humate Seeding Method Reported as Requirement Seeding (Native) Drill, Hydraulic and Broadcast inches < 1/4 Table 212-11 Performance and Physical Requirements of Humate Parameters Reported as Requirement Test Method Organic Matter %, dry weight basis >70% Fines (material that is finer than the No. 200 (75 -um) 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 & 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 in accordance with 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) October 1, 2022 8 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Table 212-12 Physical Requirements of Endo Mycorrhizae Parameters Reported as Requirement Test Method Acute Toxicity Pass or Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 The Contractor shall provide a CTR with independent laboratory analysis has been done on the product for the required parameters in accordance with subsection 106.13. 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. (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 Lbs per cu. ft. > 90 > 75 (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 3A 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. CDOT will reject all sod that was cut more than 72 hours prior to 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 prior to application of the sod. Only sod that is accompanied by the certificate from the grower will be accepted and paid for. October 1, 2022 9 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING CONSTRUCTION REQUIREMENTS 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days prior to start of seeding work. The Contractor shall provide two copies of items (1) - (14) listed below to the Pre -vegetation Conference in accordance with Section 207. When the Contractor provides resubmittals to meet Contract requirements, the Region or Headquarters Landscape Architect shall be copied on all correspondence. (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 prior to 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. (7) Permit issued from CDPHE confirming that the vendor can produce or sell compost in accordance with 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, in accordance with subsection 212.05(a). October 1, 2022 10 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 212.04 Seeding Seasons. Seeding in areas that are unirrigated shall be restricted according to the parameters in Table 212-14. Table 212-14 Seeding Seasons Zone Spring Seeding Fall Seeding Areas other than the Western Slope Below 6000' 6000' - 7000' 7000' - 8000' Above 8000' Spring thaw to June 1 September 15 until consistent ground freeze Spring thaw to June 1 September 1 until consistent ground freeze Spring thaw to July 15 August 1 until consistent ground freeze Spring thaw to consistent ground freeze Western Slope Below 6000' 6000' - 7000' Above 7000' Spring thaw to May 1 ' August 1 until consistent ground freeze Spring thaw to June 15 September 1 until consistent ground freeze Spring thaw In consistent ground freeze (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried'/ inch into the surface soil (topsoil) through normal drill seeding methods. (2) "Consistent ground freeze" is the time during the fall months in which the surface soil (topsoil), due to freeze conditions, prevents burying the seed 'A inch through normal drill seeding operations. Seed shall not be sown, drilled, or planted when the surface soil or topsoil is in a frozen or crusted state. Seeding accomplished outside the time periods listed above will be allowed only when the Contractor's request is approved by the Engineer in writing, with coordination from the Region Landscape Architect. If requested by the Contractor, the Contractor must agree to perform the following work at no cost to the Department: 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 the Department. 212.05 Native Seeding Methods. Areas to be seeded shall be installed in accordance with SWMP Permanent Stabilization Plan. All amendments and seeding shall be applied based on the seeding method and rates specified on the plans. The Contractor shall complete the Amendments Verification Prerequisite for each of the seeding methods described herein. This shall be done by completing a Seed and Amendment Quantities Worksheet for each work area. This worksheet shall have a list of all amendments and the seed labels for each of the areas to be worked on. The State required legal tags shall remain on the bag until opened and the seed placed in either the drill or hydraulic seeders in the presence of the Engineer. Seeding work shall not begin until written approval of the worksheet has been received from the Engineer. In determining the weight of seed required for each work area, the Contractor shall use the Pure Live Seed (PLS) weight shown on each bag of seed. Calculations based on net weight will not be accepted. The Contractor shall submit a proposed Permanent Stabilization Phasing Plan to the Engineer prior to the Pre- revegetation Conference for approval showing how the SWMP Permanent Stabilization Plans will be implemented to minimize traffic loading damage to subgrade soil prepared and seeded areas. The proposed October 1, 2022 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING sequencing shall consider and identify strategies and site management control measures to protect seeded areas from foot, vehicle, and other disturbances. The strategic planning of the permanent seeding and mulch shall consider all other phasing of construction activities including traffic management and utility work. Areas damaged due to the Contractor's failing to protect 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 in accordance with 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 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. (i) Fertilizer, Compost, Humates 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 of application specified on the plans. All competitive, non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation of compost and elemental sulfur, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet. Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the Contractor shall use the Contract grading or roadway plan sheets. Once the Quantities Verification Prerequisite is completed for an area, 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 tillers. No measurable depth of organic amendment shall be present on the surface. The shanks on the back of a grader or dozer shall not be used for tillage. Tillage may take multiple passes to achieve the desired harmonious incorporation. If multiple passes are required, the Contractor shall cross till the soil with the second pass occurring at a 30 -degree angle to the first pass. On slope areas, all tillage shall be parallel to the contour. For project 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 not required for first 12" from the edge of pavement. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply fertilizer and hmates on the surface of the topsoil using an agricultural spreader, as shown in the Contract documents. (ii) 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 in accordance with Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. (iii) 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 October 1, 2022 12 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING days of seedbed preparation efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed prior to performing seeding, the seedbed shall be re -prepared as directed by the Engineer. Areas shall be seeded by mechanical power drawn drills suitable for area soils, topography, and size followed by packer wheels. Mechanical power drawn drills shall have furrow openers and depth bands set to maintain a planting depth of at least IA inch and not more than '/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. (1) Measure the total width (W) of the drill seeder in feet. (2) Count the number of drill rows (N) on the seeder. (3) On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. (4) 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 (5) Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) (6) Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. (7) 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 / % PLS = Required bulk seed per acre in LBS (8) 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 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 (10) Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. (11) 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. (12) Using the scale, weigh the seed in the collection cup. (13) Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. (9) October 1, 2022 13 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 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. If mycorrhizae is called for on the plans, the 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 the Department. 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. 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 shall remove material that falls on plants, roadways, gravel shoulders, structures, and other surfaces where material is not specified. (i) 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 prior to spreading amendments. Under no circumstances shall the ground surface be smooth and compacted. (ii) Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. The Contractor shall assemble all materials for proposed areas to hydro -seed and review quantities with area of coverage with the Engineer as the Quantities Verification Prerequisite for this method. Prior to mixing in the tank, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities are onsite. This quantities verification prerequisite also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps were not included in the Contract, grading or roadway plan sheets shall be used. For the verification process, the Contractor shall provide the Engineer October 1, 2022 14 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING with all documentation for materials in unopened packaging. After the Quantities Verification Prerequisite has been approved, the hydro -seeder shall be filled with water to 1/3 of its required volume. Following this, water and biotic soil amendments shall be added to the hydro -seeder at a consistent rate. The ratio of water to Biotic Soil Amendments shall be in accordance with manufacturer's recommendations. Fertilizer, humates and mycorrhizae shall then be added until the tank has reached 3/4 of its required volume. The tank shall then be filled with water to the required volume. Uniform slurries shall be agitated or mixed for a minimum of ten minutes after all water and materials are in the tank. 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) as shown on the plans by 1.5 times at no additional cost to the Department. 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. An appropriate curing period shall be in accordance with 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. (i) 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. All competitive non-native vegetation shall be uprooted and hauled offsite prior to spreading amendments. Prior to starting incorporation, the Contractor shall receive written acceptance from the Engineer on the Seed and Amendment Quantities Worksheet that the correct quantities will be applied. The Quantities Verification Prerequisite for this method also requires documentation on the Permanent Stabilization SWMP Site Maps with the approved areas outlined, signed, and dated by the Engineer to track progress. If SWMP Site Maps are not included in the Contract, the grading or roadway plan sheets shall be used. Once the Quantities Verification Prerequisite is completed for an area, 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. October 1, 2022 15 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING (ii) 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 in accordance with 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. (iii) 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 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 prior to 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 1.5 times at no additional cost to the Department. After seeding, mycorrhizae shall be evenly hand -distributed across the area. Seed and mycorrhizae shall be covered by hand raking and covering with 'A to 'A inch of topsoil. To ensure seeds have a firm contact with the soil the Contractor shall use a heavy roller as approved in the Site Pre -vegetation Conference. Mycorrhizae shall not be exposed to sunlight for more than four hours. Using equipment with continuous cleat tracks (cat -tracking) to cover seed is not permitted. Permanent stabilization mulching shall be accomplished within 24 hours of broadcast seed application of native seed. 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses in accordance with SWMP Interim Site Maps or as directed by the Engineer. 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 in accordance with 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 1.5 times for hydraulic and broadcast methods at no additional cost to the Department. Seed shall meet the requirements of 212.02(a) and shall be selected from Table 212-1 based on the application time. Table 212-1 Temporary Seed Mixes Common Name Botanical Name Application Time Seeding Rates ( LBS PLS / Acre) Planting Depth (inches) Oats Aven6 5ativa October 1 - May l: ' l Foxtail Millet Setaria italica May 2 - September 30 30 1/2 - 3/4 October 1, 2022 16 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 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 in accordance with subsection 212.03. (a) Fertilizing and Soil Conditioning. The first application of fertilizer, soil conditioner, or both shall be incorporated into the soil immediately prior to seeding, and shall consist of a soil conditioner, commercial fertilizer, or both as designated in the Contract. Fertilizer called for on the plans shall be worked into the top 4 inches of soil at the rate specified in the Contract. Biological nutrient, culture, or humate based material called for on the plans 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. (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 prior to 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. Prior to laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, compost, or humates as specified on the plans. 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. Prior to 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 1-1/2 inches below the top of the inlet. Within one hour after the sod is placed and fertilized it shall be watered. After watering, the sod shall be permitted to dry to the point where it is still wet enough for effective rolling. The Contractor shall roll the sod in two directions with a lawn roller capable of applying between 50 - 80 pounds per square inch of surface pressure to eliminate air pockets. October 1, 2022 17 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING 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. Organic Fertilizer, Compost (Mechanically Applied), Humates, Mycorrhizae soil amendments for Seeding (Native) methods drill, hydraulic, and broadcast will be measured by the actual quantity of material applied and accepted. Measurement for acres will be by slope distances. 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. Dejected 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 c Fertilizer Compost (Mechanically Applied) Brtatiic Soil Am lyd ents (i y Humate Mycorrhizae Elemental Sulfur See di g (INatIatMe) Drill Seeding (ive) i Seeding (Natrhe) BroadcastHydraulc ' Y . Seeding (Wetland) mug (Rla HydraDrillulic Seeding (Wetland) Broadcast Xd ge :. y) Seeding (Lawn) Applied} Pay Unit Pound Cubic Yard Pound Pound Pound Acre Acre Acre Acre Acre Acre Acre Acre Square Foot 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. No payment will be made for areas seeded using one of the seeding methods without receiving signed Seed and Amendment Quantities Worksheet from the Engineer. October 1, 2022 18 REVISION OF SECTION 212 SOIL AMENDMENTS, SEEDING, AND SODDING Additional seedbed preparation prior to 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 and paid for separately but shall be included in the work. Removal of all competitive, non-native vegetation prior to spreading amendments will not be measured and paid for separately but shall be included in the work. October 1, 2022 REVISION OF SECTION 401 TOLERANCES FOR HOT MIX ASPHALT (VOIDS ACCEPTANCE) Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02(b) delete Table 401-1, including the footnotes, and replace with the following: Table 401-1 Tolerances for Hot Mix Asphalt 1 Element Tolerance Asphalt Cement Content ± 03 % Voids in the Mineral Aggregate (VMA) ± 1.2 % `Air Voids ± 1.2 October 1, 2022 1 REVISION OF SECTION 601 CONCRETE MIX DESIGNS Revise Section 601 of the Standard Specifications for this project as follows: Revise Subsection 601.05, second paragraph as follows: (11) For air entrained concrete, report the SAM number according to AASHTO TP118 Characterization of the Air - Void System of Freshly Mixed Concrete by the Sequential Pressure Method (Super Air Meter). The SAM meter readings for each step shall be included. Perform a SAM leak test prior to the SAM testing. Results of the leak test shall be included in the SAM data. October 1, 2022 REVISION OF SECTION 601 CLASS DF CONCRETE Section 601 of the Standard Specifications is hereby revised for this project to include the following: Add the following to Table 601-1: Concrete Class Required Field Compressive Strength (psi) Air Content: �° Range (Total) Slump Maximum Water/Cementitious Material Ratio: DF 4500 at 28 days 4 - 8 +/- 2" of Form 1373 Slump w/cm on Form 1373 Add the following to subsection 601.02: Class DF concrete is a macro fiber -reinforced concrete. Additional requirements are: (1) The concrete mix shall include approved macro or hybrid polyolefin fibers at a minimum dosage of 4 lb/cy or the minimum dosage specified on the Department's Approved Product List (APL), whichever is greater. (2) The unrestrained shrinkage shall not exceed 0.050 percent at 28 days when tested by CP-L 4103. (3) The mix shall either have a permeability not exceeding 2,500 coulombs at an age of not more than 56 days when tested per ASTM C1202 or have a surface resistivity of at least 12 kt3-cm at 28 days using AASHTO T358. (4) The mix may use an OG with a nominal maximum aggregate size of at least 3/4 inch. (5) The mix shall have a nominal maximum aggregate size of at least 3/4 inch if an OG is not used. (6) When used in slip forming, an edge slump less than 6 mm (0.25 in.) and less than 30 percent surface voids (ranking of 2 or less) is required. The box test is described in CP 63. (7) Shrinkage reducing admixtures may be incorporated into the mix. (8) An expansive cement additive may be added to an ASTM C150 Type I/II cement and fly ash to produce an ASTM C845 Type K cement. The proportion of the expansive cement additive will be determined by testing the cementitious material blend per ASTM C806. The blended material shall have an expansion of 0.04 to 0.10 percent at 7 days when tested per ASTM C806. When an expansive cement is used, the w/cm ratio shall be 0.45 to 0.55 and the expansion of the laboratory trial mix shall be 0.05 to 0.09 percent at 7 days when tested per ASTM C878. October 1, 2022 REVISION OF SECTION 630 TRAFFIC CONTROL MANAGEMENT Revise Section 630 of the Standard Specifications as follows: Add the following to Subsection 630.11: The traffic control diary requires a signature of the Traffic Control Supervisor. Traffic Control Supervisors are required to always have in -use Methods of Handling Traffic available on a project. 630.11 (5, iv) 630.11 (5, iv) Traffic Control Supervisor's name 630.11 (8) Overseeing all requirements covered by the Contract that contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD and applicable standards and specifications available at all times on the project. Traffic Control Supervisor's name and signature 630.11 (8) Overseeing all requirements covered by the Contract that contribute to the convenience, safety and orderly movement of traffic. Have an up-to-date copy of the MUTCD, in -use MHTs, and applicable standards and specifications available at all times on the project. October 1, 2022 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY A. AFFIRMATIVE ACTION REQUIREMENTS Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area are as follows: Goals and Timetable for Minority Utilization Timetable - Until Further Notice Economic Area Standard Metropolitan Statistical Area (SMSA) Counties Involved Goal 157 (Denver) 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, Douglas, Gilpin, Jefferson 13.8% 2670 Fort Collins Larimer 6.9% 3060 Greeley Weld 13.1% Non SMSA Counties Cheyenne, Clear Creek, Elbert, Grand, Kit Carson, Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington & Yuma 12.8% 158 (Colo. Spgs. - Pueblo) 1720 Colorado Springs El Paso, Teller 10.9% 6560 Pueblo Pueblo 27.5% Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Saguache 19.0% 159 (Grand Junction) Non SMSA Archuleta, Delta, Dolores, Eagle, Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Casper WY) Non SMSA Jackson County, Colorado 7.5% GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice 6.9% -- Statewide October 1, 2022 2 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts meet the goals established for the geographical area where the contract resulting form this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Par 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this specification, and in the contract resulting from this solicitation, the "covered area" is the county or counties shown on the Invitation for Bids and on the plans. In cases where the work is in two or more counties covered by differing percentage goals, the highest percentage will govern. October 1, 2022 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY B. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these Specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes; (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractor toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance Programs Office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. October 1, 2022 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; a. Ensure and maintain a working environment free of harassment, intimidation , and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its union have employment opportunities available, and maintain a record of the organization's responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when he Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc., by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the Contractor's EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. October 1, 2022 5 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY g. Review, at least annually, the Contractor's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foreman, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc. such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and Contractor's activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligation. October 1, 2022 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goal and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even thought the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13 The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form, however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). October 1, 2022 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY C. SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal employment opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required Contract. Provisions (Form FHWA 1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of Title 23, U.S.C., as established by Section 22 of the Federal -Aid highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract provisions. b. The Contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The Contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in Volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway Program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The Contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The Contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program; It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The Contractor will designate and make known to the State highway agency contracting officers and equal employment opportunity officer (herein after referred to as the EEO Officer) who will have the responsibility for an must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities to provide equal employment opportunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum; (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the Contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. October 1, 2022 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the Contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the Contractor. (3) All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer or appropriate company official in the Contractor's procedures for locating and hiring minority group employees. b. In order to make the Contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the Contractor will take the following actions: (1) Notices and posters setting forth the Contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2) The Contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the Contractor will include in all advertisements for employees the notation; "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The Contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the Contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the Contractor for employment consideration. In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the Contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the Contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The Contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. '6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed; a. The Contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. October 1, 2022 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY b. The Contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The Contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The Contract will promptly investigate all complaints of alleged discrimination made to the Contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the Contractor will inform every complainant of all of his avenues of appeal. 7. Training and Promotion. a. The Contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the Contractor's work force requirements and as permissible under Federal and State regulations, the Contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The Contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women with the unions, and to effect referrals by such unions of minority and female employees. Actions by the Contractor either directly or thorough a contractor's association acting as agent will include the procedures set forth below: a. The Contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The Contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the Contractor, the Contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. October 1, 2022 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY d. In the event the union is unable to provide the Contractor with a reasonable flow of minority and women referrals within he time limit set forth in the collective bargaining agreement, the Contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion , sex or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the Contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such Contractor shall immediately notify the State highway agency. 9. Subcontracting. The Contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority -owned construction firms from State highway agency personnel. b. The Contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the Contractor will be designed to indicate: (1) The number of minority and nonminority group members and women employed in each work classification on the project. (2) The Progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force). (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The Contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR 1391. October 1, 2022 1 CERTIFIED PAYROLL REQUIREMENTS FOR CONSTRUCTION CONTRACTS All applicable contractors subject to Davis -Bacon and Related Acts (DBRA) requirements shall submit all payrolls weekly (at least every seven days), related to Form FHWA 1273, Required Contract Provisions for Federal -Aid Construction Contracts, and the Colorado Senate Bill 19-196. The Contractor, all subcontractors, and applicable suppliers required to submit certified payrolls shall follow all DBRA requirements, including sections 5.5, 3.5, and 3.6 of the 29 CFR. Contractors shall upload a completed Contractor Fringe Benefit Statement (CFBS) into LCPtracker at least once per project, utilizing the following web link: https://prod-cdn.lcptracker.net/login/login The CFBS shall include benefit details for employees who perform work on the project. The CFBS shall provide an overview of the bona fide benefits provided by the employer. If a contractor's fringe benefits change during the project's life, a revised CFBS shall be submitted to reflect the changes accurately. Note other deductions by type and amount. Attach required supporting documentation in the LCPtracker system. Contractors, subcontractors, and applicable suppliers shall establish and utilize a process that allows all employees to verify the number of hours and classifications submitted to pay wages and benefits. The Contractor, subcontractors, and applicable suppliers shall submit payrolls directly into LCPtracker for approval by the Contractor. The prime approver for the Contractor shall approve or reject payrolls within seven days after submission into LCPtracker. -1- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 Decision Nos. CO20220014 dated January 7, 2022 supersedes Decision Nos. CO20210014 dated January 1, 2021. Modifications ID MOD Number Date Pape Number(sl t 2/25/22 2, 3, 5, and 6 When work within a project is located in two or more counties and the minimum wages and fringe benefits are different for one or more job classifications, the higher minimum wages and fringe benefits shall apply throughout the project. General Decision No. CO20220014 applies to the following counties: Larimer, Mesa, and Weld counties. General Decision No. CO20220014 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1714 Smaller than Watson 2500 and similar 31.05 12.35 1715 Watson 2500 similar or larger 31.37 12.35 Oiler 1716 Weld 30.29 12.35 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1717 Excludes Form Work 20.72 5.34 Form Work Only 1718 Larimer, Mesa 18.79 3.67 1719 Weld 16.54 3.90 CEMENT MASON/CONCRETE FINISHER: 1720 Larimer 16.05 3.00 1721 Mesa 17.53 3.00 1722 Weld 17.48 3.00 ELECTRICIAN: Excludes Traffic Signalization 1723 Weld 33.45 7.58 Traffic Signalization 1724 Weld 25.84 6.66 -2- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits LMast od FENCE ERECTOR: 1725 Weld 17.46 3.47 GUARDRAIL INSTALLER: 1726 Larimer, Weld 12.89 ** 3.39 1 HIGHWAY/PARKING LOT STRIPING: Painter 1727 Larimer 14.79 ** 3.98 1 1728 Mesa 14.75 ** 3.21 1 1729 Weld 14.66 ** 3.21 1 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1730 Larimer, Weld 16.69 5.45 Structural (Excludes Guardrail Installation) 1731 Larimer, Weld 18.22 6.01 LABORER: Asphalt Raker 1732 Larimer 18.66 4.66 1733 Weld 16.72 4.25 1734 Asphalt Shoveler 21.21 4.25 1735 Asphalt Spreader 18.58 4.65 1736 Common or General 16.29 4.25 1737 Concrete Saw (Hand Held) 16.29 6.14 1738 Landscape and Irrigation 12.26 ** 3.16 1 1739 Mason Tender - Cement/Concrete 16.29 4.25 Pipelayer 1740 Larimer 17.27 3.83 1741 Mesa, Weld 16.23 3.36 1742 Traffic Control (Flagger) 9.55 ** 3.05 1 -3- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod LABORER (can't): Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 1743 Larimer, Weld 12.43 .. 3.22 1 1744 PAINTER (Spray Only) 16.99 2.87 POWER EQUIPMENT OPERATOR: wn Asphalt Layclown 1745 Larimer 26.75 5.39 1746 Mesa, Weld 23.93 7.72 1747 Asphalt Paver 21.50 3.50 Asphalt Roller 1748 Larimer 23.57 3.50 1749 Mesa 24.25 3.50 1750 Weld 27.23 3.50 Asphalt Spreader 1751 Larimer 25.88 6.80 1752 Mesa, Weld 23.66 7.36 Backhoe/Trackhoe 1753 Larimer 21.46 4.85 1754 Mesa 19.81 6.34 1755 Weld 20.98 6.33 Bobcat/Skid Loader 1756 Larimer 17.13 4.46 1757 Mesa, Weld 15.37 4.28 1758 Boom 22.67 8.72 Broom/Sweeper 1759 Larimer 23.55 6.20 1760 Mesa 23.38 6.58 1761 Weld 23.23 6.89 -4- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits LMast od POWER EQUIPMENT OPERATOR (can't): Bulldozer 1762 Larimer, Weld 22.05 6.23 1763 Mesa 22.67 8.72 1764 Crane 26.75 6.16 Drill 1765 Larimer, Weld 31.39 0.00 1766 Mesa 35.06 0.00 1767 Forklift 15.91 4.68 Grader/Blade 1768 Larimer 24.82 5.75 1769 Mesa 23.42 9.22 1770 Weld 24.53 6.15 1771 Guardrail/Post Driver 16.07 4.41 1772 Loader (Front End) 1773 Larimer 20.45 3.50 1774 Mesa 22.44 9.22 1775 Weld 23.92 6.67 Mechanic 1776 Larimer 27.68 4.57 1777 Mesa 25.50 538 1778 Weld 24.67 5.68 Oiler 1779 Larimer 24.16 8.35 1780 Mesa 23.93 9.22 Roller/Compactor (Dirt and Grade Compaction) 1781 Larimer 23.67 8.22 1782 Mesa, Weld 2133 6.99 -5- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Rotomill 1783 Larimer 18.59 4.41 1784 Weld 16.22 4.41 Scraper 1785 Larimer 21.33 3.50 1786 Mesa 24.06 4.13 1787 Weld 30.14 1.40 Screed 1788 Larimer 27.20 5.52 1789 Mesa 27.24 5.04 1790 Weld 27.95 3.50 1791 Tractor 13.13 * * 2.95 1 TRAFFIC SIGNALIZATION: Groundsman 1792 Larimer 11.44 ** 2.84 1 1793 Mesa 16.00 5.85 1794 Weld 16.93 3.58 TRUCK DRIVER: Distributor 1795 Larimer 19.28 4.89 1796 Mesa 19.17 4.84 1797 Weld 20.61 5.27 Dump Truck 1798 Larimer 18.86 3.50 1799 Mesa 15.27 4.28 1800 Weld 15.27 5.27 -6- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 DATE: February 25, 2022 General Decision No. CO20220014 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod TRUCK DRIVER (can't.): Lowboy Truck 1801 Larimer 18.96 5.30 1802 Mesa, Weld 18.84 5.17 1803 Mechanic 26.48 3.50 Multi -Purpose Specialty & Hoisting Truck 1804 Larimer, Mesa 16.65 5.46 1805 Weld 16.87 5.56 1806 Pickup and Pilot Car 13.93 ** 3.68 1 1807 Semi/Trailer Truck 18.39 4.13 1808 Truck Mounted Attenuator 12.43 ** 3.22 1 Water Truck 1809 Larimer 19.14 4.99 1810 Mesa 15.96 5.27 1811 Weld 19.28 5.04 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contractclauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. -7- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 MINIMUM WAGE RATES DATE: February 25, 2022 Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 (811.25). Please see theNoteat the top of this table for more information. For further information, please click on this link: https://www.dol.gov/agencies/whd/government-contracts/eo14026 -8- U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES, COLORADO HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER - CO20220014 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling DATE: February 25, 2022 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION NO. CO20220014 October 1, 2022 ON THE JOB TRAINING This On -the -Job Training (OJT) special provision is an implementation of 23 U.S.C, 140(a), a federal requirement to provide equal opportunity and training on federal -aid construction projects. The Contractor shall meet the requirements of the FHWA 1273 for all apprentices and trainees. For additional guidance, please look at the OJT Contractor Manual. 1. Goal Setting CDOT will set OJT goals for every federally -assisted project. Goals for the projects will be set based on the criteria that is outlined in the 23 CFR Part 230, Appendix B to Subpart (A): A. Availability of minorities, women, and disadvantaged persons for training; B. The potential for effective training; C. Duration of the contract; D. Dollar value of the contract; E. Total normal workforce that the average bidder could be expected to use; F. Geographic location; G. Type of work; H. The need for journey -level workers in the area; I. Recognition of the state's goal; J. A satisfactory ratio of trainees to journeymen expected to be on the workforce. The number of required training hours will be identified in the Contract. The following chart provides guidelines based on contract value, but the required number of hours will be determined by CDOT after consideration of the aforementioned variables. For each increment of $5 million, over $20 million 2. Training Plan Options CDOT accepts the following training programs: A. CDOT's pre -approved classifications utilization program (PAC -UP); B. A registered U.S. Department of Labor training program or apprenticeship program; October 1, 2022 2 ON THE JOB TRAINING C. Approved programs through workforce centers and through specific groups like Colorado Contractors Association (CCA) and Western Colorado Contractors Association (WCCA); D. A Contractor specific plan approved by CDOT and the Federal Highway Administration (FHWA). The minimum length and type of training for each skilled craft shall be as established in the training program selected by the Contractor. When one or more approved plans are chosen, the Contractor shall submit the OJT Contractor Commitment to Meet OJT Requirements, CDOT Form 1337 to the Engineer. Additional pre -approved training programs and/or additional apprentices/trainees may be utilized at any point throughout the project. The plan option(s) that the Contractor chooses will be effective for the duration of the project. 3. Journey -Level Worker to Apprentice/Trainee Ratio The OJT goal requirement shall be met through approved trainee(s)/apprentice(s) working on the CDOT project under the supervision of a journey -level worker. For the CDOT Pre -Approved Classification Training Programs (PAC -UP), the apprentice/trainee ratio to journey -level worker shall not exceed a one to one ratio for all classifications, and the Contractor shall not exceed 25 percent of the workforce as trainees/apprentices at any time. Furthermore, it is at CDOT's discretion that a stricter ratio guideline may be imposed as outlined in the specific training classification. For all other approved programs, the apprentice/trainee ratio shall be as outlined in the specific program. When apprentices/trainees are on the job without proper supervision as outlined above, they shall be paid full Davis -Bacon wages. 4. Trainee Selection Two components must be considered when choosing a trainee: A. The intent of this program is for Contractors to recruit and train entry-level individuals or individuals who will be working within new classifications and guide them toward journey -level status in that specific classification. A trainee will not be approved in any classification for which they have already obtained journey -level status. B. Another intent of the OJT program is the primary consideration for the Contractor to use minorities, women, and disadvantaged persons to fulfill the trainee roles, and as such, the Contractor shall make every effort to enroll such individuals in the program by using "systematic and direct recruitment through public and private sources." The consideration to include women and minorities is based on the regulation; however, it will not be used to systematically deny any one person or group from the opportunity to be a part of the OJT program. CDOT may reject non -minority male trainees for entry into the program if it is determined that a Contractor failed to make sufficient good faith efforts (GFE) to hire minorities or female trainees and/or the Contractor failed to document or submit evidence of its GFE to do so. CDOT will consider a Contractor's documentation of all GFE on a case -by -case basis and will take into account the items listed in the goal setting section of this specification. For more information, please see Section 11 of this specification. 5. OJT Apprentice/Trainee Approval As a condition of the OJT program, the Contractor will: A. Notify all employees at the start of employment and at a minimum of at least once per year regarding the available training programs, positions, and eligibility requirements. The Contractor shall document that this information was conveyed to and received by employees. B. Provide each trainee with a copy of his or her enrollment form (if applicable) and the training program within a month of starting the chosen plan. The OJT submittals (CDOT Form 1337, Contractor Commitment to Meet OJT Requirements; CDOT Form 832, Trainee Status and Evaluation; CDOT Form 838, OJT apprentice/trainee Record) shall be filled out completely and approved or rejected by CDOT. If the apprentice/trainee is working within the proposed classification before approval is granted, full Davis -Bacon prevailing wages shall be paid to the individual. The Regional Civil Rights Office must approve the CDOT Form 838 prior to any of the hours counting toward the OJT goal. If there is a CDOT delay that is completely outside of the Contractor's responsibility for approval of the apprentices/trainees, and if approval is ultimately granted, the date that will be utilized will be ten business days after the date that the CDOT Form 838 was submitted. October 1, 2022 3 ON THE JOB TRAINING The Contractor shall retain full responsibility for meeting the training requirements imposed by this special provision. 6. Eligible Work Activities that Count Toward the Training Goal The work hours that are completed on the site of work and per the training documents for approved apprentices/trainees in approved classifications and programs will apply toward the project goal. Hours for work performed outside the individual's approved training classification will not count toward the project OJT goal and the individual shall be paid full applicable prevailing wage. Job shadowing can apply toward the project goal if it is written into the specific training plan. If the Contractor is using CDOT's PAC -UP training program, job shadowing can apply toward the project goal when the approved employee is performing within the "Observation" component of the plan (hours vary by classification). Non-CDOT project hours will not be accepted toward the project goal. Although US DOL apprenticeship programs can use the reduced wages for any CDOT job (with or without an OJT goal) with approval, none of these "additional" hours may be banked or included for use as part of the required special provisions on any project other than that for which it was approved. The Contractor may count OJT hours accomplished by a subcontractor with an approved plan. The subcontractor's trainee or apprentice, who is enrolled in any of the approved OJT programs and is contributing toward meeting a project's OJT goal hours, can count toward the project's OJT goal to satisfy the requirement of this specification. A subcontractor who chooses to participate in meeting the OJT goal shall follow the same process as the Contractor in terms of approving apprentices/trainees, submitting forms, etc. The Contractor retains the full responsibility for meeting the training requirements imposed by this special provision. 7. Contractor Training and Trainee Monitoring The Contractor's representative (supervisor, manager, or other designee) will evaluate progress for the apprentice/trainee monthly and will provide a copy to the apprentice/trainee of the submitted CDOT Form 832 within 30 calendar days. This evaluation will include documentation of the apprentice/trainee's performance including what was done well and what needs to be improved. The Contractor training and monitoring will be evaluated through CDOT's use of the CDOT Form 200 Interview. 8. Wages The Contractor may pay apprentice/trainee wages at a reduced rate for those that are in an approved program according to the following guidelines: US DOL Apprenticeship Programs Rates (at minimum) will be paid according to the scaled adjustments for a registered US DOL Apprentice. Fringe benefits (either in cash and/or bona fide benefits in lieu of cash) will be paid in full and as outlined by the bargained agreement. If fringe benefits are not mentioned as part of a bargained agreement or if there is no collectively bargained agreement, full fringe benefits will be paid as outlined through the US DOL wage decision. Approved US DOL apprenticeship programs can use the reduced wages for any CDOT project. If the project does not have a training goal and the Contractor is seeking to pay apprenticeship rates as part of a registered US DOL Apprenticeship Program, the following documentation is required to ensure wages are being paid correctly: apprenticeship program registration, OA (formerly BAT) certificates, and collective bargaining agreement including the wage sheet. Other Approved Programs For all other OJT wage reductions, reduced percentages are allowed for the project if there is a goal greater than zero as outlined in the 23 CFR Appendix B to Subpart A of Part 230 (as described in this section), in the collectively bargained agreement, or as outlined in the specific plans. If the Contractor chooses to pay the trainee rates, the reduced percentage shall be based only on the base rate of pay. Fringe benefits shall be paid at 100 percent of the journey -level wage. If the apprentice/trainee is working within the proposed classification before approval is granted, full Davis -Bacon prevailing wages shall be paid to the apprentice/trainee. The minimum trainee wage (base and fringe) shall be no less than $13.00 per hour. Trainees shall be paid at minimum: October 1, 2022 4 ON THE JOB TRAINING First half of the training period -- at least 60 percent of the appropriate minimum journey -level rate Third quarter of the training period — at least 75 percent of the appropriate minimum journey -level rate Last quarter of the training period -- at least 90 percent of the appropriate minimum journey -level rate 9. Contractor Reporting The Contractor shall keep all data associated with the trainees and the project for a period of at least three years from the closing date of the Contract. 10. Reimbursement to Contractors For the purposes of reimbursement, the Contractor will have satisfied its responsibilities under this specification if CDOT has determined that it has fulfilled the acceptable number of training hours. Contractors will be reimbursed at a rate of $10.00 per hour per (approved) trainee for all OJT hours worked in approved classifications up to the project goal. The Contractor will be reimbursed for no more than the amount outlined in the OJT Force Account budget. 11. OJT Good Faith Efforts (GFE) CDOT recognizes two explanations of good faith efforts: (1) The Contractor will be required to prove an effort has been made to achieve a diversified workforce, but it has not yet been accomplished, or (2) The attempt has been made to meet the number of required OJT hours by using approved trainees or apprentices in approved classification(s) utilizing approved plans, but the Contractor cannot meet the required number of • hours. In either case, a GFE will be required, and the Region Civil Rights Office will make the determination. A. If the Contractor does not meet its OJT project goal with the inclusion of some female and/or minority trainees, the Contractor may be requested to produce documentation of adequate good faith efforts taken to fill that position with a minority or female applicant. Good faith efforts are designed to achieve equal opportunity through positive, assertive, and continuous result -oriented measures. Good faith efforts should be taken as hiring opportunities arise. B. If the Contractor does not meet its OJT project goal, the Contractor may submit a CDOT Form 1336, Waiver Request for Contract's OJT Hours. On the form, the Contractor shall outline and submit all good faith efforts made when it is believed that the required number of training hours will not be met. If GFE is not demonstrated and approved, The Contractor will be subject to payment reductions outlined in the Disincentive Section. If a good faith effort has been denied by CDOT, the Contractor may ask for reconsideration by the Region Civil Rights Manager and the Resident Engineer for the region where work is being performed. Additionally, if requested by the Contractor, the Region Civil Rights Office and the Project Engineer will meet with the Contractor to discuss the Contractor's initial Good Faith Effort determination. 12. Disincentive A failure to provide the required training without the demonstration and approval of GFE to meet the project OJT goal may result in the Region Civil Rights Office assigning the following disincentive: A sum representing the total number of hours not met in the contract shall be multiplied by the journey worker hourly wages plus fringe benefits [(hours not met) x (dollar per hour + fringe benefits) = disincentive amount]. In order to obtain the disincentive amount, the journey worker wages will be figured using the prevailing wages for the classifications outlined on the CDOT Form 1337. If a single classification is noted on the submitted CDOT Form 1337, then that one wage will be used to figure the monetary amount owed. If multiple classifications are used, then the journey worker wages of all classifications will be used to determine an average wage rate. If the Contractor does not submit any documentation toward the OJT goal, the disincentive rate will be calculated at $30.00 per hour. CDOT will provide the Contractor a written notice at the final acceptance stage of the project informing them of the noncompliance with this specification which will include a calculation of the disincentive(s) to be assessed. REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised July 5, 2022 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. General Nondiscrimination Non -segregated Facilities Davis -Bacon and Related Act Provisions Contract Work Hours and Safety Standards Act Provisions Subletting or Assigning the Contract Safety: Accident Prevention False Statements Concerning Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification Regarding Use of Contract Funds for Lobbying Use of United Stales -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102(e). Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in solicitation -for -bids or request -for -proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). II. NONDISCRIMINATION (23 CFR 230.107(a), 23 CFR Part 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 2 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractors EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources. procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 3 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make fill use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for pesons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promdion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by thecontractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is toobtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identty, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State DOT's FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference. b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non - responsible. c. The Title VI and nondiscrimination provisions of U.S. DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained fora period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: 4 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractors control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal -aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal -aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages (29 CFR 5.5) a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5)a))4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and 5 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved fora period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section fora prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or 6 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to joumeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the 7 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees mid journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation Os promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Dallis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). . The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5. * $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor; pursuant to the Federal Civil Penalties Inflation Adjustment Act 011990). 8 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a The term "perform work with its own organization" in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). 5. The 30 -percent self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance 9 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project performrtheir functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FH1NA-1022 shall be posted on each Federal -aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretay of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by theSecretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal -aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.326. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal -aid constructioncontractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1 Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, am defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant 10 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verity the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3 Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 -180.1020, and 1200. You may contact the person to which this proposal is 11 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is rot required to, check the System for Award Management website (httos://www.sam.crov/) which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is nounally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a bower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency wth which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (b) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier 12 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS: This provision is applicable to all Federal -aid construction contracts, design -build contracts,subcontracts, lower -tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired fora specific Federal -aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal -aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Office of Cargo and Commercial Sealift (MAR -620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 13 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. Rose Everett From: Sent: To: Subject Attachments: TJ Turner <tj@lawsonconstruction.com> Monday, December 5, 2022 9:14 AM bids Weld County Rd 74/33 Roundabout Bid Lawson WCR 74 & 33 Roundabout Bid.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Weld County, Please see our attached bid for WCR 74/33 Roundabout. Thanks, T.J. Turner Estimator Lawson Construction Company An Equal Opportunity Employer BID PROPOSAL To: Weld County Purchasing Department Attention: Controller/Purchasing Director P.O. Box 758, 1150 "O" Street Greeley, Cdorado 80632 Bid Proposal for: WCR 74/33 ROUNDABOUT PROJECT PROPOSAL 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 39-26-114, 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, to fully appraise himself 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 his best effort to complete the entire Project as soon as possible and within the time specified in the Project Special Provisions Conditions after the issuance of the Notice to Proceed. EXECUTION OF DOCUMENTS The Bidder understands that if this Bid Proposal is accepted, the Bidder 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 to complete the Work as specified regardless of the amount of the Bid. 12 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. For any discrepancy between words and figures, the words will control. All mathematics will be checked, and the correct total used for determining the low bidder. 13 ADDENDUM #3 BID SCHEDULE (11/30122) Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 106-00001 Process Control Testing DAY 180 $ 900.00 $ 162,000.00 201-00000 Clearing and Grubbing LS 1 $ 50,000.00 $ 50,000.00 202-00001 Removal of Concrete Structure EACH 3 $ 1,200.00 $ 3,600.00 202-00010 Removal of Tree (All Sizes) EACH 3 $ 3,800.00 $ 11,400.00 202-00026 Removal of Slope and Ditch Concrete Lining SY 697 $ 30.00 $ 20,910.00 202-00035 Removal of Pipe LF 3,359 $ 38.00 $ 127,642.00 202-00220 Removal of Asphalt Mat SY 13,355 $ 16.00 $ 213,680.00 202-00810 Removal of Ground Sign EACH 13 $ 150.00 $ 1,950.00 202-01000 Removal of Fence LF 67 $ 15.00 $ 1,005.00 203-00010 Unclassified Excavation (CIP) CY 5,733 $ 26.00 $ 149,058.00 203-00050 Unsuitable Material (Contingency) CY 2,000 $ 110.00 $ 220,000.00 203-00060 Embankment Material (CIP) CY 10,900 $ 30.00 $ 327,000.00 203-01100 Proof Rolling HOUR 60 $ 165.00 $ 9,900.00 203-01597 Utility Potholing HOUR 40 $ 300.00 $ 12,000.00 203-01622 Sweeping (with Pick -Up Broom) HOUR 40 $ 400.00 $ 16,000.00 206-00065 Structure Backfill (Flow -Fill) (1,000 psi County Mix) CY 247 $ 125.00 $ 30,875.00 $ 64,785.00 207-00205 Topsoil (Spread) CY 6,170 $ 10.50 207-00210 Topsoil (Stockpile) CY 10,909 $ 12.00 $ 130.908.00 $ 2,520.00 208-00002 Erosion Log Type 1 (12 Inch) LF 420 $ 6.00 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 208-00020 Silt Fence LF 981 $ 2.50 $ 2,452.50 208-00035 Aggregate Bag LF 240 $ 8.50 $ 2,040.00 208-00045 Concrete Washout Structure EACH 1 $ 2,800.00 $ 2,800.00 208-00070 Vehicle Tracking Pad EACH 1 $ 5,200.00 $ 5,200.00 208-00103 Removal and Disposal of Sediment (Labor) HOUR 40 $ 50.00 $ 2,000.00 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 40 $ 80.00 $ 3,200.00 208-00207 Erosion Control Management DAY 180 $ 400.00 $ 72,000.00 208-00300 Temporary Berms LF 6,547 $ 1.50 $ 9,820.50 212-00006 Seeding (Hand -Raked) ACRE 1.0 $ 1,100.00 $ 1,100.00 212-00706 Seeding (Drilled) ACRE 11.6 $ 660.00 $ 7,656.00 212-00702 Biotic Soil Amendments (Hydraulic) (4,500 lbs. per acre) LB 56,548 $ 1.10 $ 62,202.80 213-00002 Mulching (Weed -Free Hay) (with Tackifier) ACRE 11.6 $ 1,600.00 $ 18,560.00 213-00011 Mulching (Hydraulic) ACRE 1.0 $ 2,400.00 $ 2,400.00 216-00022 Soil Retention Blanket (Class 2) SY 6,007 $ 3.50 $ 21,024.50 216-00303 Turf Reinforcement Mat (Class 3) SY 50 $ 52.00 $ 2,600.00 304-06000 Aggregate Base Course (Class 6) TON 19,051 $ 28.50 $ 542,953.50 306-01001 Subgrade Reconditioning (Special) (2 Feet Depth) CY 24,765 $ 3.00 $ 74,295.00 403-33841 Hot Mix Asphalt (Grading S) (100) (PG64-22) TON 1,245.4 $ 109.00 $ 135,748.60 403-34851 Hot Mix Asphalt (Grading SX) (100) (PG64-28) TON 421 $ 118.00 $ 49,678.00 403-40000 HMA Safety Edge LF 1,207.8 $ 3.50 $ 4,227.30 2 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 412-00801 Concrete Pavement (8 inch thick) (Special) (Omaha Tan) SY 2,479.5 $ 93.00 $ 230,593.50 412-00900 Concrete Pavement (9 inch thick) SY 30,878.2 $ 90.00 $ 2,779,038.00 412-00901 Concrete Pavement (9 inch thick) (Davis Red) SY 603.2 $ 172.00 $ 103,750.40 412-02000 Concrete Pavement Safety Edge LF 1,594.1 $ 5.00 $ 7,970.50 420-00132 Geotextile (Separator) (Class 1) SY 2,000 $ 8.50 $ 17,000.00 420-00520 Geogrid Reinforcement SY 42,518 $ 8.50 $ 361,403.00 506-00209 Riprap (9 inch) CY 152 $ 165.00 $ 25,080.00 506-00212 Riprap (12 inch) CY 15 $ 200.00 $ 3,000.00 507-00552 Concrete Lined Irrigation Ditch )NW Quadrant) LF 15 $ 86.00 $ 1,290.00 507-00553 Concrete Trickle Pan LF 1,029 $ 58.00 $ 59,682.00 601-03000 Concrete Class D CY 53.7 $ 2,500.00 $ 134,250.00 602-00000 Reinforcing Steel LB 2,579 $ 4.00 $ 10,316.00 603-01155 15 Inch Reinforced Concrete Pipe (CIP) LF 633 $ 165.00 $ 104,445.00 603-01185 18 Inch Reinforced Concrete Pipe (CIP) LF 891 $ 175.00 $ 155,925.00 603-01241 24 Inch Reinforced Concrete Pipe Bend EACH 1 $ 5,400.00 $ 5,400.00 603-01245 24 Inch Reinforced Concrete Pipe (CIP) LF 448 $ 198.00 $ 88,704.00 603-01247 24 Inch Marmac Pipe Coupler Connection (or approved equal) EACH 1 $ 4,650.00 $ 4,650.00 603-02241 30 x 19 Inch Elliptical Reinforced Concrete Pipe Bend EACH 1 $ 5,500.00 $ 5,500.00 603-02245 30 x 19 Inch Elliptical Reinforced Concrete Pipe (CIP) LF 626 $ 250.00 $ 156,500.00 603-05018 18 Inch Reinforced Concrete Pipe Flared End Section EACH 9 $ 3,000.00 $ 27,000.00 3 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 603-05024 24 Inch Reinforced Concrete Pipe Flared End Section EACH 2 $ 3,600.00 $ 7,200.00 603-05124 30 x 19 Inch Elliptical Reinforced Concrete Pipe Flared End Section EACH 2 $ 3,650.00 $ 7,300.00 603-50012 12 Inch Plastic Pipe LF 192 $ 152.00 $ 29,184.00 603-50015 15 Inch Plastic Pipe LF 1,223 $ 165.00 $ 201,795.00 603-50018 18 Inch Plastic Pipe LF 20 $ 180.00 $ 3,600.00 603-50912 12 Inch Plastic Pipe Bend EACH 4 $ 1,300.00 $ 5,200.00 603-50915 15 Inch Plastic Pipe Bend EACH 5 $ 1,300.00 $ 6,500.00 603-82012 12 Inch Ductile Iron Pipe LF 2.2 $ 2,000.00 $ 4,400.00 603-82018 18 Inch Ductile Iron Pipe LF 17 $ 550.00 $ 9,350.00 604-00305 Inlet Type C (5 Foot) EACH 2 $ 8,800.00 $ 17,600.00 604-00505 Inlet Type D (5 Foot) EACH 2 $ 8,800.00 $ 17,600.00 604-14006 Inlet (Special) (Single) (5 Foot) EACH 2 $ 9,400.00 $ 18,800.00 604-14011 Inlet (Special) (Double) (5 Foot) EACH 4 $ 10,000.00 $ 40,000.00 604-30005 Manhole Slab Base (4 Feet Diameter) (5 Feet Deep) EACH 1 $ 9,800.00 $ 9,800.00 $ 10,000.00 604-30010 Manhole Slab Base (5 Feet Diameter) (5 Feet Deep) EACH 1 $ 10,000.00 604-50150 Irrigation Structure Grate (Special) EACH 3 $ 7,400.00 $ 22,200.00 609-20010 Curb Type 2 (Section B) LF 314.2 $ 29.00 $ 9,111.80 609-20011 Curb Type 2 (Section M) LF 402.1 $ 33.00 $ 13,269.30 609-21010 Curb and Gutter Type 2 (Section I -B) LF 2,217.9 $ 35.00 $ 77,626.50 609-21020 Curb and Gutter Type 2 (Section II -B) LF 6,134.8 $ 22.00 $ 134,965.60 4 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price (S) Total Price (B) 612-00041 Delineator (Type I) (Drivable) EACH 13 $ 71.00 $ 923.00 612-00042 Delineator (Type II) (Drivable) EACH 20 $ 78.00 $ 1,560.00 614-00011 Sign Panel (Class I) SF 115 $ 45.20 $ 5,198.00 614-00012 Sign Panel (Class II) SF 220 $ 47.30 $ 10,406.00 61 4-0 021 6 Steel Signpost (2 x 2 Inch Tubing) LF 597 $ 29.50 $ 17,611.50 615-00200 Steel Flow Restrictor Plate (Clip) EACH 4 $ 3,600.00 $ 14,400.00 615-00201 Steel Water Quality Plate (CIP) EACH 4 $ 3,100.00 $ 12,400.00 605-00081 8 Inch Perforated Pipe Underdrain (Special) LF 20 $ 105.00 $ 2,100.00 605-01050 Irrigation NE Structure Pipe Riser Configuration (Special) EACH 1 $ 1,500.00 $ 1,500.00 615-75065 8 Inch Slide Gate EACH 1 $ 6,500.00 $ 6,500.00 615-75090 12 Inch Gate Valve EACH 1 $ 4,100.00 $ 4,100.00 615-75091 12 Inch Slide Gate EACH 1 $ 6,600.00 $ 6,600.00 615-75105 15 Inch Gate Valve EACH 1 $ 7,000.00 $ 7,000.00 615-75121 18 Inch Slide Gate EACH 2 $ 6,800.00 $ 13,600.00 620-00002 Field Office (Class 2) EACH 1 $ 28,000.00 $ 28,000.00 620-00012 Field Laboratory (Class 2) EACH 1 $ 26,000.00 $ 26,000.00 620-00020 Sanitary Facility EACH 2 $ 4,300.00 $ 8,600.00 625-00000 Construction Surveying LS 1 $ 75,000.00 $ 75,000.00 626-00000 Mobilization LS 1 $ 650,000.00 $ .650,000.00 627-00005 Epoxy Pavement Marking GAL 138 $ 185.00 $ 25,530.00 5 Item No. Bid Schedule Item Description Unit Bid Quantity Unit Price ($) Total Price ($) 627-30405 Preformed Thermoplastic Pavement Marking (Word -Symbol) SF 900 $ 21.25 $ 19,125.00 629-01031 Survey Monument (Type 3A) EACH 1 $ 1,200.00 $ 1,200.00 630-00000 Flagging HOUR 500 $ 43.00 $ 21,500.00 630-00002 Traffic Control Supervisor DAY 50 $ 1,020.00 $ 51,000.00 630-00007 Traffic Control Inspection DAY 200 $ 170.00 $ 34,000.00 630-80336 Barricade (Type 3 M -B) (Temporary) EACH 16 $ 495.00 $ 7,920.00 630-80341 Construction Traffic Sign (Panel Size A) EACH 28 $ 315.00 $ 8,820.00 630-80342 Construction Traffic Sign (Panel Size B) EACH 8 $ 725.00 $ 5,800.00 630-80359 Portable Variable Message Sign Panel DAY 456 $ 36.00 $ 16,416.00 630-80370 Concrete Barrier (Temporary) LF 150 $ 52.00 $ 7,800.00 NOTE: INCLUDE ALL FORCE ACCOUNT ITEMS AND AMOUNTS IN THE TOTAL BID AMOUNT, 700-70010 F/A Minor Contract Revisions F/A 1 $500,000.00 0500,000.00 700-70380 F/A Erosion Control F/A 1 $50,000.00 $50,000.00 700-70016 F/A Fuel Cost Adjustments F/A 1 $25,000.00 $25,000.00 700-70019 F/A Asphalt Cement Cost Adjustment F/A 1 $25,000.00 $25,000.00 700-70023 F/A On -The -Job -Training (OJT) HOUR 1,600 $10.00 $16,000.00 TOTAL BID AMOUNT ($) $ 9,210,800.80 TOTAL BID (WRITTEN WORDS): Nine Million Two -hundred and Ten,Eight-Hundred DALLORS and Eighty CENTS 6 ACCEPTANCE OF FUEL AND/OR ASPHALT CEMENT COST ADJUSTMENTS: Bidders have the option to accept Fuel and/or Asphalt Cement Cost Adjustments in accordance with CDOT Section 109 for Fuel and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the bidder must fill in an "X" next to the "YES" below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for bidders who answer "NO". If neither line is marked, the Department will assume the bidder has answered "NO". After the bids are submitted, bidders will not be given any other opportunity to accept or reject the Fuel and/or Asphalt Cement Cost adjustments. f YES, I choose to accept Fuel Cost Adjustments for this project. NO, I choose NOT to accept Fuel Cost Adjustments for this project. YES, I choose to accept Asphalt Cement Cost Adjustments for this project. NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project. NOTE: The following are items of work to be completed by Weld County: • Materials Quality Acceptance (QA) and Independent Assurance (IA) Testing. • Construction inspection 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: I 1 I ► 4r j By: Addendum No. 2- Date: a j / 140 I._2_2 B Addendum No. 3 Date: t 1 13O1.2i Addendum No. Date: By: Addendum No. Date: By: 20 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the bid documents for Bid Request No. #B2200139. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. Weld County is exempt from Colorado sales tax (exemption #98-03551-0000). 3. He or she is authorized to bind the below -named bidder for the amount shown on the completed Bid Schedule. 4. The signed bid submitted, all documents of the Request for Bids contained herein, 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. COMPANY LA oe Ccuzn3,*z-tnthio, CUMpc,nu/ BY CC?1C,r ►e S L. 1Qr..' av, (Please print) MAILING ADDRESS U. Rau 13 I u CITY, STATE, ZIP CODE 2O1 f.-,x,n-Ir SG ,$'(.3 .1 r TELEPHONE # SIGNATURE E-MAIL I l c.vot C,taSoU, Cons i r� c 1 tru,s N. DATE I3)O/.2.2 TAX ID# &��/%/c.pS-I ALL BIDDERS SHALL PROVIDE AN IRS FORM W-9 WITH THE SUBMISSION OF THEIR BID. FAILURE SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED. 21 Tq+ SEAL • 1989 cORAL° BID BOND WCR 74/33 ROUNDABOUT PROJECT KNOW ALL MEN BY THESE PRESENTS, that we, Lawson Construction Company, Inc. as Principal, hereinafter called the Principal, a Colorado Corporation [corporation, partnership, or individual] duly authorized by law to do business In the State of Colorado, and Merchants National Bonding, Inc. [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee in the penal sum of Five Percent of Amount Bid Dollars ($ 5% ), 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. WHEREAS, the Principal has submitted a Proposal dated December 5 , 2022 for the WCR 74/33 ROUNDABOUT PROJECT, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. WHEREAS, the Owner has required as a condition for receiving said Proposal that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in lieu thereof furnish a Proposal 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. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Weld County, IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 5th day of December ,2022 the name and corporate seal of each corporate party being hereto affixed, and these presents d . red by its undersigne• :presentative pursuant to authority of its governing board. Surety Merchants Natio.. t-eas'dtn_'i Signature: Title: Philip ATTEST' By: Karl F, Flemke, Surety Witness 22 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, Mat MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Philip J. Monasch their true and lawful Altomey(s)-in-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. Surety Bond #: Bid Bond Principal: Lawson Construction Company, Inc. Obligee: Weld County, Colorado STATE OF IOWA ••��"'••'"``••, COUNTY OF DALLAS ss. On this 5th day of December ,2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said Instrument was signori and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL, BONDING. INC. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shell have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimfle or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations In favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of December, 2022 .ter• �� 1933 .i' ; *'• -• 'Ont�dP POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 President Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Wiliam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, t have hereunto set my hand and affixed the seal of the Companies on this 't.h day of aecembe e, 2022 q�GOt�pO` �pZ �y:Ott P099gy A./ 2003 -o- Vi=e -0- ... 3; +G�t7eZ+�sc�?7 2003 s • 1933 • ::�; :y�. :�`yC. SeCtEfary. POA 0018 (1/20) Form W-9 (Rao. October 2018) Department Internal RevenuService ry Request for Taxpayer Identification Number and Certification ► Go to www.lra.gov/FormW9 for Instruotlons and the latest Information. Give Form to the requester. Do not send to the IRS. a o [1 rn 1 Name (es shown on your income lax return). Name is required on Mille. do not leave this fine Wen.. LAWSON CONSTRUCTION COMPANY hens neme/dieregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name le entered on Ilne 1, Check only one of the following aevmr boxes. ❑ IndlrlduaVeole proprietor or ❑ C Corporation 0 S Corporation 0 Partnerehlp 0 TrueVestate single -member LLC ❑ Limped liability company. Enter the tax cimillcetlon (C=C corporation, S=S corporation, P=Psrtnershlp) ► Note: Check the appropdato box In the tine above for the tax classification of the single -member owner. Do not Mach LLC If the LW le classified as a single -member LLC that le disregarded from the owner teases the owner of the LLG Is another LW that le not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Olha (see Inshuetbns) ► 8 Address (number, street, and apt, or suite no.) See instructions. PO BOX 1318 4 Exemptions (codes apply only to certain entlllee, not Indhiduats; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (If any) (Applies to ay.. mentalned outside fA0 U.S) 8 City, state, and SP code LONGMONT, CO 80502-1318 Requesters name end address (optioned) 7 List account number(e) here (optional) Ian Taxpayer identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line l 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 TIN, later. Note: If the account is In more then one name, see the Instructions for line 1. Also see What Name end Number To Glve the Requester for guidelines on whose number to enter. Social security numbs iii or i Employer Identification number 8 4 6 5 9 • Certification Under penalties d perjury, I certify that; 1. The number shown on this form is my correct taxpayer Identification number (or I am wafting fora number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue Service (IRS) that lam subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notdied me that 1 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 lam exempt from FATCA reporting is correct. Certification Instructions. You must cross ou 2 above If you have been notified by the IRS that you are currently subject to backup wlthhofdlog because you have failed to report all Interest end d, -nds ., your tax return, For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of seour:. • , petty, ellation of .: • t, . • bars to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, y. are not requ • to eig , gf ; =riff -<1,• n, but you must provide your correct TIN. See the Instructions for Part II, later. Sign I Signature of Here u.s.peraon► General Instructlo - 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 InstruotIorrs, such as legislation enacted after they were published, go to www.hs.gov/FormW9. Purpose of Form An Individual or entity (form W-9 requester) who Is required to file an Information return with the IRS must obtain your.correot taxpayer Identlnoa8on number (TIN) which maybe your sonic security number (SSN), Individual taxpayer Identification number (tTIN), adoption taxpayer (denRtfroatbn number (AT)N), or employer Idenfffoation number (814), to report on an information retum the amount paid to you, or other amount reportable on en Information retum. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) --•--- Dete► / / [ :0._ • Form 1O99-DIV dividends Including hose from stocks ( g 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 1008 (home mortgage Interest), 1098-E (student loan Interest), 10984 (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you area U.S. person (Including a resident ellen), to provide your correct TIN. if you do not retum Form W-9 to the requester with a 77N, you might be subject to badwp withholding. See What Is backup withholding, teter. Cat, No. 10231X Form W-9 (Rev. 10-2018) TITLE 49, CFR, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION (To be signed by authorized signatory of Bidder) The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past 3 years. Does not have a proposed debarment pending. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. Has not within the past 3 years had one or more public transactions (federal, state, or local) terminated for cause or default. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of Award but will be considered termining bidder responsibility. For any exception noted above, indicate below to om it applies, inttialin gency, and dates of action. Note: Providing false information may result in crirr)Ipbl pros, Date: I ? J s JD a Signature l,9; Le Peres; as n 4 nistrative sanctions. Title 24 CERTIFICATION OF COMPLIANCE WITH EQUAL OPPORTUNITY CLAUSE REQUIREMENTS (To be signed by authorized signatory of Bidder) The Bidder certifies that (1) (it/he/she] has k has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) [it/he/she] has has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, [it/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: j%eccrwl - ,- S 2022 Bidder Name: 0,1 y Signature: Title: (J t e , Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7)b)(1() and must be submitted by Bidders only in connection with contracts which are subject to the equal opportunity clause. Contracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed contractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b((1( prevents the award of contracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 25 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT PROJECT NO. STU 78 (23044) LOCATION WCR 74/33 Intersection I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential prime bidder on this project and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to solicit, cause, or induce any firm or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 30. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder on this project to submit an intentionally high, noncompetitive, or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncompetitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontractor agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid or agreeing or promising to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high, noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AN OTHER APPLICAB STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRU D CO ET T THE EST OF MY KNOWLEDGE. Contractors firm or company name maw so,— -4,s i-c,-+ Co + , 0 c... y Dele { � l�j.rf �� i via, PI.I i ail.. 4- 2nd conlractors firm or company name. (If joint venture .) y By I Dale Tale Sworn to before me this .S'" day of, 1),ECQ„m.,ker- , 20 ..2� Notary PuMk .ti�(�c EVI:LYN A warm My commission expires Fcer $ a .3 NOTARY PUBUC STATE OF COLORADO NOTE: This document niustbesigned in ink. NOTARY ID 20194005856 ItY COLIMMUN Eall,E8FE pY v 06111)2) 26 COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project Name/Description Project Number Project Code/ Sub -Account Proposal Date WCR 74/33 Roundabout STU O030-078 23044 r.2 iS- tai Contractor awso t ov.S' re c4 -r d„ Gi,..e4.0 y Region 4 Subcontractors/SupplierstVendors: The bidder must list all firms seeking to participate on ttte contract. This information is used by the Colorado Department of Transportation (CDOT) to determine overall goats for the Disadvantaged Business Enterprise Program. Failure to submit this form may result in the proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (Y/N) Selected (Y/N) •M ��t r• `� �' 4� 4? nIS ir�P5a—=4 I �1 J M�,r� .,. � ivy �-,,{� ('c� p er. ,krz,rc�„t ..0 r� '�..,. �,,,; � t/* . •zf.,, t S— � t C3clr:o e..itcuts�t3-tu.vr(1ct. ca 1 A -I �"' r �r J.�w ,, of-� +v e kvc 12 - ue pat.. u -.,,,r ✓ l Al 1 AA,rpll�.l��eeiu,I4e.S bpk�s�' .Spwc l�Sfrc�r�.lfi`� cry . U .41 I certify that the information provided herein is true and correct to the best of my knowledge. Name Signatu nitiats i Title T.3. TiArr F-44-;,, ,t; h. Date ta. is 1,� Work Proposed Categories: 11. Structural Steel and Steel Reinforcement 21. Clearing, Demolition, Excavation and 1. Materials and Supplies 12. Riprap and Anchored Retaining Walls Earthwork 2, Flagging and Tragic Control 13. Landscape and Erosion Control 22. Engineering and Surveying Services 3. Trucking and Hauling 14. Bridge and Bridge Deck Construction 23. Public Relations and Involvement 4. Precast Concrete, Foundations, and 15. Asphalt Paving 24. Piles and Deep Foundations Footings 16. Road and Parking Lot Marking 25. Waste Management and Recycling 5 Concrete Paving. Flatwork and Repair 17. Chip Seal, Crack Seal, Joint Seal and 26. Site Clean Up 6. Lighting and Electrical Crack Fill 27. Mechanical and NVAC 7. Signs, Signal Installation, and Guardrail 18. Bridge Painting and Coaling 26. Tunnel Construction a Fencing 19. Stairway and Ornamental Metal 29 Profiling and Grinding 9. Buildings and Vertical Structures 20. Parking Lots and Commercial Sidewalks 30. Environmental Health and Safety 10, Utility, Water and Sewer Lines This form must be submitted by the proposal deadline. For CDOT projects submit to cdothq m tata.co.us. CDOT Form #1413 12/16 27 COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder: L.,,,,,,, CU a l An4, Project Name: WCR 74/33 Roundabout Bidder Contact: .T ..- - fr,,,1.,,,..., Subaccount #: 23044 Bidder Phone: (-3 ,..,1 \ c ,,rte 3L, c 6 Bid Submission Date: u ) s- j),J Bidder Email: DBE Contract Goal: 11.0% Preferred Contact Meth" Region: 4 = , DBE Commitments . DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation qq At Me ce(t,,I,,,,en o C. --Iii , ,,,,/l-, P&p, 1 0.30 lucCi. cu I U2,,sn0,60 Total Eligible Participation it 0,,--,_, 04,m ` Total Bid Amount u bOo !U Total Eligible Participation Percentage 1.21 J i l . O ca .,- Bidder 8lgnatture COMMITMENTS LISTED ON THIS FORM SHALL BE BINDING ON THE BIDDER UPON CONTRACT AWARD. IF THE DBE GOAL IS ZERO. DBE COMMITMENTS ARE OPTIONAL AND THE BIDDER IS NOT REQUIRED TO LIST ANY DBE COMMITMENTS ON THIS FORM. This section must declare under and complete am has been shall submit a of all good faith that their eligible eligible be signed by an Individual with the authority to bind the Bidder. By signing this form, as an authorized representative of the Bidder, you penally of perjury In the second degree and any other applicable state or federal laws that the statements made in this document are true to the bast your knowledge. Further, you attest that you understand the following: COOT shall not award a contract (or provide its concurrence to award a Local Agency Project) until It has been determined that commitments sufficient to met the DBE contract goal or else good faith efforts have been made to meet the goal despite falling short. Once your bid submitted, commitments may not be modified or terminated without the approval of CDOT. If selected as the lowest apparent bidder, you Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and participation has been properly counted. Please review your project's DBE requirements for additional Information and Instructions on calculating Participation. Name I •3, IA, 0.,-' I Title F.s4 ,,,,,, 4,2/- I Signature �\ I Date 0 I C 1.1a- � CDOT Form # 1414 10/20 28 ❑ New Entity? act Request Entity Name* LAWSON CONSTRUCTION Contract Name* 33/74 ROUNDABOUT CONSTRUCTION Contract Status CTB REVIEW Entity ID* 300034211 Contract ID 6602 Contract Lead* MBEDELL. Contract Lead Email MBedell@co.weld.co.us Contract Description' CONSTRUCTION OF ROUNDABOUT INTERSECTION LOCATED ONE MILE WEST OF EATON. Contract Description 2 Contract Type. CONTRACT Amount $9,210,800.80 Renewable. NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks3weldgov.corn Department Head Email CM-PublicWorks- DeptHeadcweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY3WELDG OV.COM Requested BOCC Agenda Date* 01/09/2023 Parent Contract ID Requires Board Approval YES Department Project # GR-55 Due Date 01/05:2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 'YES Bid/RFP #* 02200139 If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contr Review Date* 12,.31:2023 Renewal Date Effective Date Termination Notice Period Committed Delivery Date Expiration Date* 12,,31/2023 Contact Information Contact Info Contact Name Purchasi Purchasing Approver CHERYL PATTELLI Approval Process Department Head .CURTIS HALL DH Approved Date 01/05/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01,+1112023 ng Originator MBEDELL Contact Type Contact Email Contact Phone 1 Finance Approver CHERYL PATTELLI Contact Phone 2 Purchasing Approved Date 01/06/2023 Finance Approved Date 01 ;''06/2023 Tyler Ref AG 011123 Legal Counsel ICARIN MCD0UGAL Legal Counsel Approved Date 01/06/2023 MEMORANDUM Date: December 13, 2022 To: Christie Peters, Purchasing Manager From: Michael Bedell, P.E., Senior Engineer MT> RE: Bid Request No. B2200139 BOCC Approval Date December 21, 2022 Bids were received and opened on December 5, 2022, for contracted construction of the WCR 74/33 Roundabout Project. Two (2) bids were received ranging from $9,210,800.80 to $10,521,356.02 with the lowest bid submitted by Lawson Construction Company of Longmont, Colorado. The submitted bids have been reviewed for errors and completeness. The bid tabulation is attached for your information. As required, CDOT has given the County a concurrence to award document. It is staff's recommendation to award the construction contract to Lawson Construction Company for a total amount of 59,210,800.80. This project includes CDOT-administered grant funds in the amount of $1,091,818 and Town of Eaton grant funds in the amount of $22,696. Public Works has worked successfully with the Contractor in the past, on similar projects. If this bid is approved by the BOCC on December 21', construction is planned to commence in January 2023 and is planned to be completed in September 2023. Zo22- 3311 ( k) SG COLORADO Department of Transportation Off. of the Chief Engineer Engineering Contracts 2829 W. Howard Place, Suite 329 Denver, CO 80204 December 12, 2022 Attn: Michael Bedell Weld County 1111 H Street Greeley, CO 80632 Dear Michael Bedell: STU C-030-078 WCR 74-33 Roundabout Project Project Code 23044 The County's award of project STU C-030-078 (23044) to Lawson Construction Company is approved based on the Colorado Department of Transportation's review of the request for concurrence dated December 06, 2022, and supported by the associated financial statement along with the receipt of the following documents: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti -Collusion Affidavit -CDOT Form 621, Assignment of Anti -Trust Claims and -Documentation of conformance with CDOT DBE Contract Goal Policy The reimbursement of Federal funds for this project is subject to the requirements of the Inter - Governmental Agreement (IGA) between County and the Colorado Department of Transportation. Any funding that may be required to complete the project beyond the funds approved under the IGA will be the responsibility of County. Please be sure to include a copy of FHWA Form 1273 as part of your entity's contract with the above selected contractor. Your cooperation in this matter is appreciated. Sincerely, 7� 0 Tracy L. Johnson CDOT Award Officer PH: 303-757-9235 cc: Jake Oneal, R-4 Region EEO Officer, R-4 Yehdego/Ngo, HQ -Accounting Civil Rights Central Files BID TABULATION 12-05-22 WCR 74/33 RROUNDABOUT B2200139 ITEM ER CONTRACT ITEM UNIT ESTIMATED QUANTITY UNIT PRICE UNIT PRICE I.nwaon TOTAL Laaraon IJN[T PRIC MiWtooe TOTAL I$ille[one Process Control Testing DAY 5250.00 $45,000.00 $900.00 $162,000.00 5650.00 SI 17,000.00 Clearing and Grubbing LS 1.00 $50,000.00 $50,000.00 $50,000.00 S50,000 00 $50,000.00 $50,0170.00 Removal of Concrete Sweture EACH 3.00 $2,000.170 $6,000.00 $1,200.00 $3,600.00 $4,800.00 $14,400.00 Removal of Tree (.8 sues) EACH 3.00 $400.00 $1,200.00 $3,800.00 $11,400.00 $1,100.00 $3,300.00 Removal of Concrete Ditch Lining SY 697.00 $10.00 $6,970.00 $30.00 $20,910.00 $62.00 S43,214 00 Removal of Pipe LF 3359.00 525.00 $83,975.00 $38.00 $127,64200 $20.50 568,859.50 Removal of Asphalt Mat SY 13355.00 $4.00 $53,420.00 $16.00 $213,680.00 $5.20 $69,446.00 Removal of Ground Sign EACH 13.00 $100.00 $1,300.00 $150.00 $1,950.00 $100.00 $1,300.00 IF 67.00 $20.00 51,340.00 $15.00 $1,005.00 $2,680.00 10 Unclassified Excavation (CS') CY 5733.00 $15.00 585,995.00 $26.00 5149,058.00 $12.50 571,662.50 Unsuitable Material (Contingency) CY 2000.00 $50.00 5100,000.00 $110.00 5220,000.00 5160,000.00 12 Embankment Material (CEP) 10900.00 $25.00 $272,500.00 $30.00 $327,000.00 $35.00 $381,500.00 13 14 Proof Rollin§ Utility Potholing HOUR HOUR 60.00 40.00 S100.00 $250.00 $6,000.00 $10,000.00 $165.00 $300.00 $9,900.00 $12,000.00 $180.00 $500.00 $10,800.00 520,000.00 15 Sweeping (wish pick-up broom) M50.00 $6,000.00 516,000.00 $150.00 $6,000.00 16 Sweune Backfill (Flow -Fill) (County Mix) CY 247.00 $150.00 $37,050.00 $125.00 $30,875.00 $210.00 S5I,870-00 Topsoil(Spread) CY 6170.00 $8.00 549,360.00 $10.50 $64,785.00 $11.25 569,412.50 Topsoil (Stockpile) CY 10909.00 $8.00 $87,272.00 $12.00 $130,90800 $6.60 $71,999.40 19 Erosion Log Type 1 (12 Inch) LF 420.00 $2,520.00 $2,520.00 $6. 10 $2,562.00 20 Silt Fence LF 981.00 $2.50 $2,452.50 $2.50 $2,452.50 $1.90 S1,863.90 21 Aggregate Beg LF 240.00 $10.00 52,400.00 $8.50 $2,040.00 59.10 52,184.00 22 Concrete Washout Structure EACII 1.00 $2,500.00 $2,500.00 $2,800.00 $2,500.00 $23,000.00 $23,000.00 23 Vehicle Treating Pad EACH 00 $2,500.00 $2,500.00 $5,200.00 $5,200.00 $8,000.00 $8,000.00 24 Sediment RemovaVDisposal (Labor) HOUR 40.00 $50.00 $2,000.00 $50.00 $2,000.00 $110.00 $4,400.00 25 Sediment Removal/Disposal (Equipment) HOUR 5150.00 56,000.00 $3,200.00 .0.00 $17,600.00 26 Erosion Control ...anent DAY 180.00 $250.00 545,000.00 $400.00 $72,000.00 5150.00 $27,000.00 27 Temporary Earthen Berms LF 6547.00 $3.00 $19,641.00 SI.50 $9,820.50 $4.50 $29,461.50 28 29 Seed.,(Native)(Hand-Raked) Seeding (Native) (Drilled) ACRE ACRE 1.00 11.60 $4,00000 52,500.00 $4,000.00 529,000.00 $1,100.00 5660.00 $1,100.00 $7,656.00 $1,100.00 5650,00 $1,100.00 $7,540.00 30 Biotic Soil Amendment (4,500 lb/acre) 56548.00 $1.30 $73,512.40 $1.10 $62,202.80 51.90 $107,441.20 Mulching with Tackifrer (weed -free) ACRE 11.60 53,000.00 $34,800.00 $1,600.00 518,560.00 $2,200.00 525,520.00 32 Mulching (Hydraulic) ACRE 1.00 52,500.00 $2,500.00 $2,400.00 $2,400.00 $2,900.00 $2,900.00 33 Soil Retention Blanket (Class 2) SY 6007.00 $3.00 $18,021.00 $3.50 $21,024.50 $4.30 $25,830.10 34 Turf Reinforcement Mat (Class 3) SY 50.00 $22.00 $1,100.00 $52.00 $2,600.00 $42.00 $2,100.00 35 Aggregate Base Course (Cla. 6) TON 19051.00 $3000 S571,530 00 $28.50 $542,953.50 536.00 $685,836.00 36 Subgmde Reconditioning (2 feet depth) CY 24765.00 $8.00 5198,120.00 $3.00 574,295.00 $198,120.00 37 HMA (Grade S) (100) (PG64-22) TON 1245.40 $105.00 $130,767.00 $109.00 $135,748.60 5170.00 $211,718.00 38 HMA (Grade 83) (100) (PG64-28) TON 421.00 $115.00 $48,415.00 $118.00 $49,678.00 $190.00 $79,990.00 39 HMA Safety Edge LF 1207.80 $3.00 $3,623.40 $3.50 $4,227.30 $4.90 $5,918.22 40 Concrete Pavement (8 Inch) (Omaha Tan) SY 2479.50 $95.00 5235,552.50 $93.00 5230,593.50 5120.00 $297,540.00 Concrem Pavement (9 Inch) - SY 30878.20 S90.00 S2,779,038 00 $2,779,038.00 $105.00 53,242,211.00 42 Cmnerete Pavement (91nch) (Davis Red) SY 603.20 $105.00 563,336.00 S172.00 $103,750.40 $135.00 $81,432.00 43 Concrete Safety Edge 1594.10 52.00 $3,188.20 $5.00 $7,970.50 $15.00 $23,911.50 44 Geotextile (Separator) (Class 1) SY 2000.00 $8.00 $16,000.00 $8.50 $17,000.00 $7.50 $15,000.00 45 Geogrid Reinforcement SY 42518.00 $5.00 5212,59000 $8.50 $361,403.00 $7.00 5297,626.00 46 Rip.. (9 Inch) CY 152.00 $9000 S13,680.00 S165.00 $25,080.00 5290.00 S44,080 00 47 Ripmp (12 Inch) CY 15.00 $100.00 $1,500.00 5200.00 $3,000.00 $420.00 $6,30000 Concrete Lined Ditch (NW Quadrant) LF 15.00 $100.00 $1,500.00 $86.00 $1,290.00 $1,200.00 $18,000.00 LF 1029.00 $40.00 541,160.00 $58.00 $59,682.00 $56.00 $57,624.00 Concrete Class D 53.70 $1,500.00 $80,550 00 $2,500.00 $134,250.00 $2,600.00 5139,620.00 51 Reinforcing Steel LB 2579.00 SI.50 53,868.50 S4 00 $10,316.00 $4.00 $12,379.20 52 15" Reinforced Concrete Pipe (CIP) LF 633.00 $130.00 $82,290.00 S165.00 $104,44500 $130.00 582,290.00 53 18" Reinforced Concrete Pipe (CIP) LF 891.00 $150.00 5133,650.00 S175.00 $155,925.00 $140.00 $124,740.00 54 24" RCP 45 Degree Bend FACH $1,500.00 $1,500.00 $5,400.00 $5,400.00 $5,000.00 $5,000.00 55 24" Reinforced Concrete Pipe (CIP) LF 448.00 $180.00 $80,640.00 $198.00 $88,704.00 SI60.00 $71,680.00 56 24" Marmac Coupler Connection EACH 1.00 $1,000.00 S 1,000.00 $4,650.00 54,650 00 $6.000.00 $6.000.00 57 30"x19" HERCP 11.25 Degree Bend EACH $2,500.00 $2,500.00 $5,500.00 $5,500.00 $8,000.00 $8,000.00 58 30"x19" HERCP (CIP) LF 626.00 $200.00 5125,200.00 $250.00 $156,500.00 $220.00 $137,720.00 59 18" Reinforced Concrete End Section EACH 9.00 $1,500.00 $13,500.00 $3,000.00 $27,000.00 $5,000.00 $45,000.00 60 24" Reinforced Concrete End Section EACH 2.00 $2,000.00 $4,000.00 $3,600.00 57,200.00 $6,000.00 $12,000.00 30"x 19" -IERCP End Section EACH 2.00 $2,500.00 $5,000.00 $3,650.00 $7,300.00 $8,000.00 $16,0()0.00 62 12" Plastic Pipe LF 192.00 580.00 515,360.00 $152.00 $29,184.00 $120.00 $23,040.00 63 15" Plastic Pipe LF 1223.00 $85.00 $103,955.00 $165.00 5201,795.00 $130.00 $158,990.00 64 IS" Plastic Pipe LF 20.00 $90.00 $1,800.00 $180,00 $3,600.00 $150.00 $3,000.00 65 12" Plastic Pipe Bend EACH 4.00 $250.00 $1,000.00 $1,300.00 $5,200.00 $1,700.00 $6,800.00 15" Plastic Pipe Bend EACH 5.00 5300.00 51,500.00 51,300.00 51,400.00 $7,000.00 67 12" Ductile ...Pipe LF 2.20 $200.00 $440.00 $2,000.00 $4,400.00 $4,200.00 $9,240.00 18" Ductile Iron Pipe LF 17.00 $150.00 $2,550.00 $550.00 $9,350.00 $590.00 $10,030.00 69 Inlet (CDOT Type C) (5 feet) EACH 2.00 $6,000.00 $12,000.00 $8,800.00 $17,600.00 $10,000.00 $20,000.00 70 Inlet (CDOT Type D) (5 feet) EACH 2.00 $6,000.00 S 12,000.00 $8,800.00 $17,600.00 $10,000.00 $20,000.00 Inlet Special (Single) (5 feet) EACH 2.00 56,000 00 $12,000.00 $9,400.00 $18,800.00 $I 1,000.00 522,000.00 72 Inlet Special (Double) (5 feet) EACH 4.00 $8,000.00 $32,000.00 $10,000.00 $40.100.00 514,000.00 $56,000.00 73 Manhole Slab Base (4' dia., 5' deep) EACH 1.00 $6,000.00 $6,000.00 $9,800.00 $9,800.00 $10,000.00 $10,000.00 74 Manhole Slab Base (5' dia., 5' deep) EACH 1.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 75 EACH 3.00 $1,000.00 $3,000.00 $7,400.00 $22,200.00 510,000.00 $30,000.00 76 Curb Type 2 (Section B) LF 314.20 $25.00 $7,855.00 $29.00 $9,111.80 $150.00 547,130.00 77 Curb Type 2 (Section M) LF 402.10 $25.00 $10,052.50 $33.00 $13,269.30 $100.00 $40,210.00 78 Curb/Gutter Type 2 (Section I -B) LF 2217.90 $30.00 $66,537.00 $35.00 $77,626.50 $61.00 $135,291.90 79 Curb.., Type 2 (Section II -B) LF 6134.80 $30.00 $184,044.00 $2200 $134,965.60 $42.00 $257,661.60 80 Delineator (Drivable) (Type I) EACH 13.00 $40.00 $520.00 $71 00 $923.00 $88.00 $1,144.00 Delineator (Drivable) (Type II) EACH 20.00 540 00 5800.00 578.00 $1,560.00 $97.00 $1,940.00 82 Sign Panel (Claus I) SF 115.00 $25.00 $2,875.00 .5 20 55,198.00 $53.00 56,095.00 83 Sign Panel (Class 11) SF 220.00 $30 00 $6,600.00 $47.30 $10,406.00 $53.00 $11,660.00 84 Steel Sign Post (2" x 2" tubing) LF 597.00 $15.00 $8,955.00 $29.50 $17,611.50 $33.00 $19,701.00 85 EACH $1,000.00 $4,000.00 $3,600.00 $14,400.00 $3,000.00 $12,000.00 Steel Water Quality Plate EACH 4.00 51,000.00 .000 $3,100.00 S12,400.00 $3,000.00 $12,000.00 87 8" Perforated Underdmin (Special) LF 20.00 $80.00 $1,600.00 $105.00 $2,100.00 5220.00 $4,400.00 88 brigation NE Structure Pipe Riser EACH $4,000.00 $4,000.00 $1,500.00 $1,500.00 513,200.00 $13,200.00 89 81nch Slide Gate EACH $1,500.00 $1,500.00 $6,500.00 $6,500.00 $7,300.00 $7,300.00 90 12 Inch Gate Valve EACH $2,500.00 $2,500.00 $4,100.00 54,100.00 $5,400.00 $5,400.00 12 Inch Slide Gate EACH $2,00.00 $2,030.00 $6,600.00 $3,000.00 53,000.00 92 15 Inch Gate Valve EACH $3,000.00 $3,000.00 $7,000.00 $7,000.00 $7,600.00 $7,600.00 93 18 Inch Slide Gate EACH 2.00 $2,500.00 $5,000.00 $6,800.00 $13,600.00 $3,700.00 $6,600.00 94 Field Office (Class 2) EACH 1.00 $75,000.00 $75,000.00 $28,000.00 $28,000.00 $65,000.00 $65,000.00 95 Field Laboratory (Class 2) EACH 00 $60,000.00 $60,010.10 $26,000.00 $26,000.00 $75,000.00 $75,000.00 Sanitary Facility EACH 2.00 $2,000.00 54,000.00 $4,30000 $8,600.00 $5,000.00 $10,000.00 97 Conswction Surveying LS 1.00 $150,00000 S150,000.00 $75,000.00 $75,000.00 $200,000.00 $200,000.00 98 LS .00 $500,000.00 $500,000.00 5650,000.00 $650,000.00 $800,000.00 $800,000.00 99 Epoxy Pavement Marking GAL 138.00 $300.00 $41,400.00 $185.00 $25,530.00 $470.00 $64,860.00 100 Preformed Thermoplastic Markings SF $25.00 $22,500.00 $21.25 $19,125.00 $29.00 $26,100.00 101 Survey Monument (Type 3A) EACH $1,000.00 $1,000.00 $1,200.00 S10,000 00 102 Flagging l IOUR 500 00 $40 00 $20,000 00 $43.00 $21,500 00 $55.00 $27,500.00 103 Traffic Control Supervisor DAY 50 00 $750.00 $37,500.00 $1,020.00 $51,000.00 $1,300 00 565,000.00 i 104 Traffic Control Inspection DAY 200 00 $250 00 $50,000 00 $170.00 $34,000.00 $320.00 $64,000.00 105 13arricade (Type 3 M-13) (Temporary) EACI I 1600 $500.00 $8.000 00 $495.00 $7,920.00 $560.00 $8,960.00 106 Construction Traffic Sign (Panel Size A) EACH 28.00 575.00 $2,100 00 $315.00 $8,820.00 $120.00 53,360.00 107 Construction Traffic Sign (Panel Size 13) EACI I 8 00 $80 00 $640 00 $725 00 i $5,800.00 $120.00 $960 00 108 Portable Message Sign Panel DAY 456 00 575 00 $34,200.00 $36.00 $16,416.00 $125 00 $57,000.00 109 Concrete I3amcr (Temporary) 1.F 150.00 $50 00 $7,500 00 $52 00 $7,800.00 $130 00 $19,500 00 Force Account - Minor Contract Revisions iI F/A 1O0 $500,000 00 $500,000.00 5500.000.00 5500.000.00 $500.(X)0 00 $500,000.00 110 1 I I Force Account - Erosion Control F/A 1 00 $50,000 00 $50,000.00 $50,000.00 $50,000.00 $50,00X).(O $50,000.00 112 Force Account - Fuel Cost Adjustments F/A 1 00 $25,000 00 $25,000.00 $25,000.00 $25,000 00 $25,000.00 $25,000.00 113 Fora: Account - AC Cost Adjustment F/A 1.00 $25,000 00 525,000 00 $25,000 00 $25,000.00 $25,000.00 $25,000 00 114 Force Account - On The Job Trainee HOUR 1600.00 $1000 $16,O0x) 00 $10.00 $16,000.00 $10 00 $16,000 (X) TOTAL $8,161,311.00 TOTAL $9,210,800.80 TOTAL $10,521,356.02 Bidding Errors or Discrepancies N/A Engineer's No Errors Lawson No Errors Millstone WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: reverett(weldgov.com E -Mail: cgeisert(a�weldgov.com E -Mail: cmpeters(61weldgov.com Phone: (970) 400-4222, 4223 or 4216 DATE OF BID: DECEMBER 5, 2022 REQUEST FOR: WCR 74/33 ROUNDABOUT PROJECT DEPARTMENT: PUBLIC WORKS BID NO: B2200139 PRESENT DATE: DECEMBER 7, 2022 APPROVAL DATE: DECEMBER 21, 2022 VENDORS LAWSON CONSTRUCTION CO PO BOX 1318 LONGMONT CO 80502 MILLSTONE WEBER LLC 14550 EAST EASTER AVE, STE. 1000 CENTENNIAL CO 80112 Engineering Estimate: $8,161,311.00 TOTAL $9,210,800.80 $10,521,356.02 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 2022-3371 0/7/ag.. ---4002a BID TABULATION 12-05-22 WCR 74/33 RROUNDABOUT B2200139 ITEM NUMBER 5 14 19 20 21 23 25 26 CONTRACT ITEM UNIT Process Control Testing _ DAY Clearing nod Grubbing LS EACH Removal of Tree (ell sizes) EACH Removal of Concrete Ditch Lining Removal of Asphalt Mat SY Removal of Ground Sign EACH LF Unclassified Excavation (CI, CY Unsuitable Material (Contingency) CY Embankment Material (CIP) CY Proof Rolling HOUR Utility Potholing HOUR Sweeping (with pick-up broom) HOUR Structure Backfill (Flow -Fill) (County Mix) CY Topsoil (Spread) CY Topsoil(Stockpile) CY Erosion Log Type I (12 Inch) LF Silt Fence - LF. Aggregate Bag LF Concrete Washout Structure EACH Vehicle Tracking Pad EACH Sediment Removal/Disposal (Labor) HOUR Sediment Removal/Disposal (Equipment) HOUR DAY ESTIMATED QUANTITY 180.00 1.00 3.00 3.00 697.00 3359.00 13355.00 13.00 67.00 5733.00 2000.00 10900.00 60.00 40.00 40.00 247.00 6170.00 10909.00 420.00 981.00 240.00 1.00 1.00 40.00 40.00 180.00 UNIT PRICE $250.00 $50,000.00 .$2,000.00 $400.00 $10,00 $25.00 $4.00 $100.00 $20.00 $15.00 $50.00 $25.00 $100.00 $250.00 $150.00 $150.00 $8.00 $8.00 $6.00 $2.50 $10.00 $2,500.00 $2,500.00 $50.00 $150.00 $250.00 TOTAL Engineer' $45,000.00 $50,000.00 $6,000.00 $1,200.00 $6,970.00 $83.975.00 $53,420.00 $1,300.00 $1,340.00 $85,995.00 $100,000.00 $272,500.00 $6,000.00 $10,000.00 $6,000.00 $37,050.00 $49,360.00 $87,272.00 $2,520.00 $2,452.50 $2,400.00 $2,500.00 $2.500.00 $2,000.00 $6,000.00 $45,000.00 UNIT PRICE TOTAL Lawson Lawson $900.00 $50,000.00 $1,200.00 $3,800.00 $30.00 $38.00 $10.00 $150.00 $15.00 $26.00 $110.00 $30.00 $165.00 $300.00 $400.00 $125.00 $10.50 $12.00 $6.00 $2.50 $8.50 $2,800.00 $5,200.00 $50.00 $80.00 $400.00 $162,000.00 $50.000.00 $3,600.00 $11,400.00 $20,910.00 $127,642.00 5213,680.00 51,950.00 $1,005.00 $149,058.00 $220,000;00 $327,000.00 $9,900.00 $12,000.00 $16,000.00 $30,875.00 $64,785.00 $130,908.00 .,$2,520.00 $2,452.50. $2,040.00 $2,800.00 $5,200.00 $2,000.00 $3,200.00 $72.000.00 UNIT PRICE TOTAL MBLvtone MI1lstane $650.00 $50,000.00 $4,800.00 $1,100,00 $62.00 $20.50 $5.20 $100.00 $40.00 ..$12.50 580.00 $35.00 $180.00 S500.00 $150.00 $210.00 $11.25 $6.60 $6.10 $1.90 $9.10 .$23,000.00 $8,000.00 $110.00 $440.00 $150.00 $117,000.00 $50,000.00 $14,400.00 $3,300.00 $43,214.00 $68,859:50 $69,446.00 $1,300.00 $2,680.00 $71,662.50 $!60,000.00 $381,500.00 $10,800.00 $20,000.00 $6,000.00 $51.,870.00 569,412,50 ....$71,999.40 $2,562.00 $1,863.90 $2,184.00 $23,000.00 $8,030.00 $4,400.00 $17,600.00 $27,000.00 27 LF 6547.00 $3.00 $19,641.00 $1.50 $9,820.50 $4.50 $29,461.50 28 29 30 32 33 34 35 36 37 39 42 43 44 Seeding (Native) (Rend -Raked) ACRE Seeding (Native) (Drilled) ACRE Biotic Soil Amendment (4,5001b/aae) LB Mulching with Tack ifier (weed -free) ACRE Mulching (Hydraulic) ACRE Soil Retention Blanket (Class 2) SY Tart -Reinforcement Mat (Class 3) SY Aggregate Base Course (Class 6) TON Subgrade Reconditioning (2 feet depth) CY HMA (Grade S) (100) (PG64-22) TON HMA (Grade SX) (100) (PG64-28) TON HMA Safety Edge LF Concrete Pavement (8 Inch) (Omaha Tan). SY Concrete Pavement (9Inch) SY Concrete Pavement (9 Inch) (Davis Red) SY Concrete Safety Edge LF Geotextile (Separator) CC.. l) SY 11.60 56548.00 11.60 6007.00 50.00 19051.00 24765.00 1245.40 421.00 1207.80 2479.50 30878.20 603.20 1594.10 2000.00 $4,000.00 $2,500.00 $1.30 $3,000.00 $2,500.00 $3.00 $22.00 $30.00 $8.00 $105.00 $115.00 $3.00 $95.00 $90.00 $105.00 $2.00 $8.00 $4,000.00 $29,000:00 $73,512.40 $34,800.00 $2,500.00 $18,021.00 $1,100.00 $571,530.00 $198,120.00.. $130,767.00 $48,415,00 $3,623.40 $235,552.511 $2,779,038.00 $63,336.00 $3,188.20 $16,000.00 $1,100.00 $1.10 $1,600.00 $2.400.00 $3.50 $52.00 $28.50 $3.00 $109.00 $118.00 $3.50 $93.00 $90.00 $172.00 $5.00 $8.50 $1,100.00 $7,656.00 $62,202.80 $1.8,560.00 $2,400.00 $21,024.50 $2,600.00 $542,953.50 $74,295.00 $135,748.60 $49,678.00 $4,227.30 $230,593.50 $2,779,038.00 $103,750.40 $7,970,50 $17,000.00 $1,100.00 $650.00 $1.90 $2,200.00 $2,900.00 $4.30 $42.00 $36.00 $8.00 $170.00 $190.00 $4.90 $120.00... $105,00 $135.00 $15.00 $7.50 $1,100.00 $7,540.00 $107,441.20 $25,520.00 $2,900.00 $25,830.10 $2,100.00 $685,836.00 $198,120.00. 5211,718.00 $79,990.00 $5,918.22 $297,540.00 $3,242,211.00 $81,432.00 $23,911.50 $15,000.00 45 Geogrid Reinforcement SY Riprap (9Inch) CY Rip, (12 Inch) CY Concrete Lined Ditch (NW Quadrant) LF 42518.00 152.00 15.00 15.00 $5.00 $90.00 5100.00 $100.00 5212,590.00 $13,680.00 $1,500.00 $1,500.00 $8.50 $165.00 $200.00 $86.00 $361,403.00 $25,080.00 $3,000.00 $1,290.00 $7.00 $29000 $420.00 $1,200.00 $297,626.00 .1,080.00 $6,300.00. $18,000.00 Concrete Trickle Pan LF 1029.00 540.00 $41,160,00 $58.00 $59,682.00 $56.00 $57,624.00 50 Concrete Class D CY 53.70 $1,500.00 .$80,550.00 $2,500.00 $134,250.00 $2,600.00 $139,620.00 15" Reinforced Concrete Pipe (CIP) 53 18" Reinforced Concrete Pipe (CIP) LB 257,00 633.00 $1.50 $130.00 $3,868.50 $82,290.00 $4.00 $165.00 $10,316.00 $104,445.00 $4.80 $130.00 $12,379.20 $82.290.00 891.00 $150.00 $133,650.00 $175.00 $155,925.00 $140,00 $124;740.00 55 56 58 59 63 64 65 66 67 68 69 72 73 74 75 24" RCP 45 Degree Bend 24" Reinforced Concrete Pipe (CIP) 30"x19 HERCP 11.25 Gegrce Bend 30"x19" HERCP (CIP) l8" Reinforced Concrete End Section 30"x19" HERCP End Sm.. 12" Plastic Pipe 15" Plastic Pipe 18 Plastic Pipe 12" Plestic.Pipe Bend 15" Plastic Pipe Bend 12" Ductile Iron Pipe I8" Ductile Iran Pipe Inlet (CDOT Type C) (5 feet) Inlet (CDOT Type D) (5 feel, Inlet Special (Single) (5 -eet) Inlet Special (Double) (5 feet) Manhole Slab Base (4' dia., 5'. deep).. Manhole Slab Base (5' dia, 5' deep) EACH LF EACH EACH LF EACH EACH EACH LF LF EACH EACH LF LF EACH EACH EACH EACH EACH EACH EACH 1.00 448.00 1.00 1.00 626,00 9.00 2.00 2.00 192.00 1223,00 20.00 4.00 5.00 2.20 17.00 2.00 2.00 2.00 4.00 1.00 3.00 $1,500.00 $180.00 $1,000.00 $2,500.00 $200.00 $1,500.00 $2,000.00 $2,500.00 $80.00 $85.00 $90.00 $250.00 $300.00 $200.00 $150.00 $6,000.00 $6,000.00 $6,000.00 $8,000.00 $6,000.00 $7,000.00 $1,000.00 $1,500.00 $80,640.00 $1,000.00 $2,500.00 $125,200.00 $13,500,00 $4,000,0 $5,000.00 515,360.00 $103,955.00 51,800.00 $1,000.00 $1,500.00 $440.00 $2,550.00 $12,000.00 $12,000.00 $12,000.00 $32,000.00 $6,000.00 $7,000.00 $3,000.00 $5,400,0 $198.00 $4,650,00 $5,500.00 $250.00 $3,000.00 $3,600.00 $3,650.00 $152.00 _ 5165.00 $180.00 $1,300.00 $1,300.00 $2,000.00 $550.00 58,800.00 $8,800.00 $9,400.00 $)0,000.00 $9,800.00 $10,000.00 $7,400.00 $5,400.00. $88,704.00 $4,650.00 $5,500.00 $156,500.00 $27,000.00 $7,200.00 $7,300.00 $29,184.00 $201,795.00 $3,600.00 $5,200.00 $6,500.00 $4,400.00 $9,350.00 S17,600.00 $17,600.00 $18,800,0 $40,000.00 $9,800.00 $10,000.00 522.,200.00 ....$5,000.00. $160.00 $6,000.00 $8,000.00 5220.00 $5,000.00 $6,000.00 $8,000.00 5120.00 $130,00 $150:00 $1,700.00 $1.,400.00 $4,200.00 $590.00 $10,000.00 $10,000.00 $11,000.00 $14,000.00: $10,000.00 $12,000.00 $10,000.00 $5,000.00 $71.,680.00 $6,000.00 $8,000.00 $137,720.00 $45,000.00 $12,000.00 $16,000.00 523,040.00 5158,990.00 $3,000.00 $6,800.00 $7,000.00 $9,240.00 $10,030.00 $20,000.00 $20,000.00 $22,000.00 $56,000.00 $10,000.00. $12,000.00 $30,000.00 76 78 79 80 82 83 84 86 88 89 90 92 93 94 95 96 97 98 99 Curb Type 2 (Section B) Curb Type 2 (Section M) Curb/Gutter Type 2 (Section 1-B) Curb/Gutter Type 2 (Section B -B) Delineator (Drivable) (Type!) Delineator (Drivable) (Type 111 Sign. Panel (Class I). Sign Panel (Clms II) Steel Sign Post (2" x 2" tubing) Steel Flow Res.ctor Plate Steel Water Quality Plam 8" Perforated Underdrail (Special) Irrigation NE Structure Pipe Riser 81nch Slide Gate 12 Inch. Gate. Valve 12 Inch Slide Gate 15 Inch Gate Valve IS Inch Slide Gate Field Office (Class 2) Field Laboratory .(Class 2) Sanitary Facility Construction Surveying Mobilization LF LF LF EACH EACH SF SF LF EACH EACH LF EACH EACH EACH EACH EACH EACH EACH EACH EACH LS LS GAL 314.20 402.10 2217.90 6134.80 13.00 20.00 115.00 220.00 597.00 4.00 4.00 20.00 1.00 1.00 1.00 1.00 1.00 2.00 1.00 I.00 2.00 1.00 1.00 138.00 $25.00 $25.00 $30.00 $30.00 $40.00 $40.00 $25.00 $30.00 $15,00 $1,000.00 $1,000.00 $80.00 $4,000.00 $1,500.00 $2,500.00 $2,000.00 $3,000.00 $2,500.00 .$75,000.00 $60,000.00 $2,000.00 5150,000.00 $500,000,00 $300.00 $7,855.00 $10,052.50 566,537.00. $184,044.00 5520.00 $800.00 $2,875.00 $6,600.00 $8,955.00 $4,000.00 $4,000.00 $1,600.00 $4,000.00 $1,500.00 $2,500.00 $2,000.00 $3,000.00 $5,000.00 $75,000.00 $60,000.00.. $4,000.00 $150,000.00 $500,000.00 541,400.00 $29.00 $33.00 $35.00 $22.00 $71.00 $78.00 $45.20 $47.30 $29.50 $3,600.00 $3,100.00 $105,00 51,500.00 $6,500.00 $4,100.00 $6,600.00 $7,000.00 $6,800.00 .....$28.000,00 $26,000.00 $4,300.00 $75,000.00 $650,000.00 $185.00 $9,111.80 $13,26,30 $77,626.50 $134,965.60 5923.00 .$1,560.00 $5,,198.00 $10,406.00 $17,611.50 $14,400:00 $12.400.00 $2,100.00 $1,500.00 $6,500.00 $4,100.00 $6,600.00 $7,000.00 $13,600.00 $28,000.00 $26,000.00 $8,600.00 $75,000.00 $650,000.00. $25,530.00 $150.00 $100.00 561.00 $42.00 $88.00 $97.00 $53.00 $53.00 $33.00 $3,000.00 $3,000.00 $220.00 $13,200.00 $7,300.00 $5,400.00 $3,000,00 $7,600.00 $3,300.00 $65,000.00 $75,000.00 $5,000,00 $200,000.00 $800,000.00 $470.00 $47,130.00 $40,210,00 $135,291.90 $257,661.60 $1,144.00 $1,940.00. $6,095.00 $11,660.00 $19,701.00 $12,000.00 $12,000.00 $4,400.00 $13,200.00 $7,300.00 $5,400.00 $3.000.00 $7,600,00 $6,600.00 $65,000.00 475,000.00 510,000.00 .... $200,000,0. $800,000.00 $64,860:00 100 Preformed Thermaplastc Markings Survey Monument (Type 3A) SF EACH 900.00 1.00 $25.00 $1,000.00 $22,50000 $1,000.00 $21.25 $1,200.00 $19,125.00 $1,200.00 $29.00 $10,000,0. $26,100.00 $10,000.00... 102 Flagging HOUR 500.00 $40.00 $20,000.00 $43.00 $21,500.00 $55.00 $27,500.00 103 Traffic Control Supervisor DAY 50.00 $750.00 $37,500.00 $1,020.00 $51,000.00 $1,300.00 .$65,000.00:. 104 Traffic Control Inspection DAY 200.00 $250.00 $50,000.00... $170.00 $34,000.00 $320.00... $64,000.00 .105 Barricade (Type 3 M -B) (Temporary) EACH 16.00 $500.00 $8,000.00. $495.00 $7,920,00... 5560.00 $8,960.00 106... Construction Traffic Siga(Panel Size A)... EACH 28.00 .._.$75.00 $2,100.00 $315:00 $8,820.00 $120.00 $3,360.00 107 Construction Traffic Sign (Panel Size B) EACH 8.00 $80.00 $640.00 $725.00 $5.800.00 $120.00 $960.00 108 Portable Message Sign Panel DAY 456.00 $75.00 $34,200.00..... $36.00 $16,416.00 - $125.00. $57,000.00 109 Concrete Ranier (Temporary) LF 150.00 $50.00 $7,500.00. $52.00 $7,800.00 5130.00 519,500.00 110 Force Account - Minor Contract Revisions F/A 1.00 5500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 111 Force Account - Erosion Control F/A 1.00 $50,000.00 $50,000.00 $50,000.00 550,000.00 $50,000.00 550,000,00 112 Force Account - Fuel Cost Adjustments _.F/A.. .....1,00 $25,000.00 $25,000.00. $25,000.00 $25,000.00 $25,000.00 $25,000.00. 113 Force Account- AC Cost Adjustment F/A 1.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 525,000.00 $25,000.00 114 Force Account- On. The Job Trainee HOUR 1600.00 $10.00 $16,000.00 $10.00 $16,000.00 $10.00 $16,000:00 TOTAL $8,161,311.00 TOTAL $9,210,800.80 TOTAL $10,521,356,02 Bidding Errors or Discrepancies NIA No Errors o errors Millstone Hello