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16292
Docusign Envelope ID: 4AE3B991-006E-4E74-9C00-99DF5DA5370C RESOLUTION NO. 16292 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $173,352 TO CEDAR RIDGE LANDSCAPE, INC., FOR PROJECT NO. 26-010, HAAFF ELEMENTARY SCHOOL - SRTS, SETTING FORTH $24,169 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, competitive bids for Project No. 26-010, Haaff Elementary School - SRTS have been received and examined; AND, WHEREAS, the proposal of Cedar Ridge Landscape, Inc., was the lowest bid determined to be responsive, and the Committee of Awards recommends to the City Council that it authorize Project No. 26-010, Haaff Elementary School - SRTS to be performed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The City Council authorizes Project No. 26-010, Haaff Elementary School - SRTS be performed, and the contract for said project is hereby awarded to Cedar Ridge Landscape, Inc., in the amount of $173,352.00 SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same SECTION 3. In addition to the amount of the bid set forth, as aforementioned, an additional amount as stipulated in this section is hereby established for contingencies and additional work. Contingencies and Additional Work ......... $24,169.00 SECTION 4. Funding, in the amount of $197,521.00 shall be from Project Account PL2101 — Safe Routes to School. Docusign Envelope ID: 4AE3B991-006E-4E74-9C00-99DF5DA5370C SECTION 5. The officers of the City of Pueblo are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. •.- ^-DocuSigned by: ATTESTED BY: E INTRODUCED: April 13, 2026 BY: Brett Boston MEMBER OF T.YuQnQVYNCIL APPROVED: ��(( PRESIDENT COUNCIL Docusign Envelope ID: 4AE3B991-006E-4E74-9C00-99DF5DA5370C City Clerk's Office Item # M2 dtg of 1111-PUEBLO coorado Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $173,352 TO CEDAR RIDGE LANDSCAPE, INC., FOR PROJECT NO. 26-010, HAAFF ELEMENTARY SCHOOL - SRTS, SETTING FORTH $24,169 FOR CONTINGENCIES, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: Attached is a Resolution awarding a Construction Contract to Cedar Ridge Landscape, Inc., for Project No. 26-010, Haaff Elementary School - SRTS. PREVIOUS COUNCIL ACTION: Ordinance 10374, dated January 9, 2026, established Project No. PL2101 for Safe Routes to School for Haaff Elementary School, approved an IGA with CDOT, and budgeted and appropriated funds in the amount of $279,180.00. Ordinance 10786, dated September 9, 2024, approved the 1st Amendment to the IGA with CDOT regarding Haaff Elementary School - SRTS Project and budgeted and appropriated additional funds in the amount of $91,816.00. BACKGROUND: This project will consist of the construction of sidewalks and connections; installation of high visibility crosswalks; and installation of ADA curb ramps. This Resolution awards the construction contract to Cedar Ridge Landscape, Inc. FINANCIAL IMPLICATIONS: Funding (including contingencies), in the amount of $197,521.00, will be paid from Project Account PL2101 — Safe Routes to School. Docusign Envelope ID: 4AE3B991-006E-4E74-9C00-99DF5DA5370C BOARD/COMMISSION RECOMMENDATION None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this resolution will cancel the project. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 26-010 Bid Summary Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B CONTRACT AGREEMENT THIS AGREEMENT made and entered into this 27th day of April, 2026, by and between the City of Pueblo, a Colorado Municipal Corporation, hereinafter referred to in the Contract Documents as the "City", and Cedar Ridge Landscape, Inc., a Colorado Corporation, hereinafter referred to in the Contract Documents as "Contractor". WITNESSETH, in consideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment and material and to pay for all such items, and to construct complete in every detail, To -Wit; Project No: 26-010 (PL2101,CDOT SAR M086-094 (24468)) Project Name: HAAFF Elementary School - SRTS At the prices bid, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Public Works of Pueblo, all to the satisfaction of the Director of Public Works for the City of Pueblo. AND FOR SAID CONSIDERATION, IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Proposal Form of this Contract. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements of same. 2. The work and material for the project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. 3. The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4. This Contract consists of the following components, parts, and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: Contract (This Instrument) Performance Bond Payment Bond Notice to Proceed Notice of Award Contractor's Proposal Invitation For Bids, including expressly and without limitation, SPECIAL PROVISIONS, LABOR PROVISIONS, AND GENERAL PROVISIONS. 5. The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted January 12, 2026, and as most recently amended, and the Colorado Department of Transportation 2025 Standard Specifications for Road and Bridge Construction are hereby included by reference, and all provisions thereof shall be applicable. 6. Title XII, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this contract. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (Contract Agreement — Paige 2) 7., Title 1, Chapteir 8, of the 19711 Code of Ordinances, C.fty of Pueblo,, adopted by Ordinance No. 4479, shall �be considered ai part of the contract. All the covenaints and agreements set forth in the Contract Documents shaill inure to the benefit of and �be Minding upoin City and Contractor and their respective heiirs, legA successors and assigins wind shall be governed Iby the laws of the State of Coloraido. This Contract maiy be executed using electronic siginatUires, with, delivery via faicsimile transmission, Iby scanning and trainsimission of electronic files in Poirtable Document Formait (PDF) or otheir readiily avallable file format, or by colpy transmitted viai eri or by otheir electronic means and in, one or more counterparts, each of which shall) be:: (i) an original, and all of which, takein together shall constitute one aind the same agreement, (il) a valid and binding agreement aind fullyadini understate aindfedei-M law, and (iii) einforceaUle in accordance with its ternis. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written, CEDAR RIDGE LAND 171 P1, INC, By Robert Montoy Y President CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION gne y: A-- By pp , &Voj� �--NRV§91"&rns, Director of Purchasing NqN ATTEST: DocuSignedb c- ity Clerk — BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE: 'CSigned by: -::OT BA59AWNbrin, Director of Finance APPROVED AS TO FORM DEPARTMENT OF LAW: Docu5igned by: City Attorney Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHARGED ADDITIONAL PREMIUM AND FEE, lNCLUDE THESE CHARGES IN YOUR CHANGE ORDERS. PERFORFTIAACE B0001 Boid lbcjtber 1001234893 KNOW ALL MEN BY THESE PRESENTS: That we Cedar Ridge Landscape, Inc., a Colorado Corporation, hereinafter called "Principal" and American Contractors Indemnity Company Surety of Los Angeles state of California hereinafter called the "Surety", are held and firmly bound unto the City of Pueblo, a Colorado Municipal Corporation, hereinafter called "City", in the penal sure of: One Hundred Seventy Three Thousand Three Hundred Fifty Two Dollars and 00/100 ------- ($173,35100) In lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered into a certain contract with the City, dated the 29th day of April, 2026, a copy of which is hereto attached and made a part hereof for the construction of: Project No.: 26-010 (PL2101,CDOT SAR M086-094 (24468)) Project Nlame: HAAFF Elementary School - SIRTS NOW, THEREFORE, if the Principal shall well, truly and faithfully perform Its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof (including all warranty periods), and any extensions thereof which may be granted bythe City, with orwithout notice to the Surety, and If lie shall satisfy all clairns and demands incurred under such contract, and shall fully Indemnify and save harmless the City from all costs and damages which it may suffer by reason Of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may Incur in making good any default, then this obligation shall be void); otherwise to remain In full force and effect, PROVIDED, FURTHER, that the said Surety, forvalue 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 or to the specifications accompanying the sarne shall In any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, PROVIDED, FURTHER, that no, final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, (Signature Page Follows) Docusign Envelope ID: 66612666-6AOB-8AO4-8231-61923CDEE85B IN WITNESS WHEREOF, this instrument is executed on the 11th day of May, 2026. ATTEST: 01 I `0 By B1 " 4�"' /' a Principal Secretary (SEAL) ATTEST . rdl By EM By, (Witness as to Surety) Sarah Theusch, Admin 1710 N. Douglas Drive, Suite 110, Golden Valley, VIN 56422 (Address) Titl 6 Merdtt Court, Pueblo, CO 81001 (Address) American Contractors I ndernnity, Company, Surety By Attorney -In -Fact Jeremy Crawford 801 S. Fiaueroa St, Suite 700, Los Angeles, CA 90017 (Address) NOTE: Date of Bond must not be prior to date of Contract, If Contractor is a Partnership, all partners shall execute the bond. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B FINAL CONTRACT AMOUNTS THAT EXCEED THE ORIGINAL CONTRACT AMOUNT WILL BE CHANCED ADDITIONAL PREMIUM AND FEE. INCLUDE THESE CHANGES IN YOUR CHANGE ORDERS.. PAYMEftT BOND Bond b.^'1001234893 KNOW ALL MEN By THESE PRESENTS; That we Cedar Ridge Landscape, Inc,, a Colorado Corporation, hereinafter called "Principal" and American Contractors Indemnity Company Surety of Los An,geles State of Callfornia hereinafter called the "Surety", are held and firmly bound Canto the City of Pueblo, a Colorado Municipal Corporation, hereinafter called "City", in the penal siuIn of One Hundred Seventy Three Thousand Three Hundred Fifty Two Dollars and 00/100------- (17 , 52,00) in lawful money of the United States, for the payment of which warn well and truly to be rnade, we bind ourselves, our heirs, executors, administrators, and successors, jointly, and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered Into a certain contract with the City, dated the 29th day of April, 2026, a copy of which Is hereto attached and made a part hereof for the construction of: Project No.: 26-010 (PL2101,CDOTSAR M086-094 (24468)) Project Name: HAAFF Elementary School - SRTS, NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, supplies, lubricants, oil, gasoline, rental machinery, repairs on machinery, equipment and tools, consumed or used In connection with the construction of suchwork, and all insurance premiums on said work, and for, all labor, performed in such work whether by subcontractors 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 or to the specifications accompanying the same shall In any way effect 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 wont or to the specifications, PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, (Signature Page Foliows) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (Payment Bond — Page 2) IN WITNESS WHEREOF, this instrument is executed on the 11th day of May, 2026, B Principal rincipal Secretary 117 (Address) (-- 6 ATTEST. By (Surety) Secretary Andrea Haight (SEAL) (Witness as to Surety) Sarah Theuseti, Admin 1710 N, Douglas Drive, Suite 110, Golden Valle y, MN 55422 (Address) CEDAR RIDGE LANDSCAP , INC. By �rbert Montoya/ Title President 6 Merritt Court, Puebla, CO 81001 American Contractors Indernrilty Corn gany Surety By Attorney -In -Fact Jeremy Crawford LO �SFI ueroa St, Suite 700, Los Angeles, CA 90017 (Address) NOTE: Date of Bond must not be prior to date of Contract, If Contractor is a Partnership, all' partners shall execute the bond, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B TOK10MARINE 1-11 C if POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding, Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companiee), do by these presents make, constitute and appoint: Jeremy Crawford, Michael D. Wililarns, Tanya Fukushima, William Gerber, Bradford J. Quin, Amanda M, Quigley,, or Andrea Haight of Goiden Valley, Minnesota its true and lawful Atto rney(s)-In- fact, each in their separate capacity If more than one is named above, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other Instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Milhon"' Dollars ( "IMPOPM00' ), This Power of Attorney shall expire without further action on January 311w 2028. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be It Resolved, that the President, any Vice-PresideriL any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and Is hereby vested with full power, and authority to appoint any one or more sultabie persons as Attorney (s)-i n -Fact to represent and act for and on behalf of the Company subject to the fallowing provisions: Attamey-in-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, convacts, agreements or indemnity and other conditional or obligatory undertakings, Including any and all consents for the retease of retained percentages and/or final estimates on engineering and construction contracts, and any and 0 notices and documents canceling of terminating the Company's liability thereunder, and any such instruments so executed by any such Afforney-In- Fact shall be binding upon the Company as If signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 11t day offppruary 2024, ........... frow,QAM UK?$ H90 or State of California County of Los Angeles ,kA 0" AMP-RICAN CONTRACTORS INDEMNITY COMPANY, TEXAS BONDING COMPANY, UNITED STATES, SURETY COMPANY, u1s. SPEC Al TY INSU'RANCE COMPANY 1? y; Daniel P, Aguilar, ice President ,MM=M W91raTITIMS MOT On this 111a day of February 2024„ before me, D, Littlefield, a notary public, personally appeared Daniel P, Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowiedged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature 1, Kid Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify, that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed' the seals of said Companies at Los Angeles, California this 11th clay of May 2026 __. is ;"U1F """ . .......... HCCSMANP0A0P/2024 tmhc,.ccm sure for moraiormallon Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B NOTICE TO PROCEED June 25, 2026 Cedar Ridge Landscape, Inc. 6 Merritt Ct. Pueblo, CO 81001 Ref: Project No: 26-010 (PL2101,CDOT SAR M086-094 (24468)) Project Name: HAAFF Elementary School - SRTS You are hereby authorized to proceed on June 26, 2026, or within three (3) consecutive calendar days thereafter with construction of the above referenced project as set forth in the Contract Documents. The Bid Bond submitted with your Proposal may now be cancelled by your Surety. Sincerely, EDocuSigned by: 418AB0234B8ND5... Andrew Hayes, P.E. Director of Public Works Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B NOTICE OF AWARD April 16, 2026 Cedar Ridge Landscape, Inc. 6 Merritt Ct. Pueblo, CO 81001 Ref: Project No: 26-010 (PL2101,CDOT SAR M086-094 (24468)) Project Name: HAAFF Elementary School - SRTS The City of Pueblo (City) hereby accepts your proposal submitted on March 11, 2026, for the construction of the referenced project. It appears that your proposal in the amount of $173,352.00 for the Total Base Bid is fair and equitable. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement and furnish the required Payment and Performance Bonds, within ten (10) business days from and including the date of this notice. The Proposal Guaranty submitted with your proposal will be returned upon execution of the Contract Agreement and the furnishing of the Payment and Performance Bonds. In the event you should fail to execute the Contract Agreement and furnish the Payment and Performance Bonds within the time specified, said Proposal Guaranty will be retained by the City as liquidated damages and not as penalty, for the delay and extra work caused thereby. Sincerely, alL Teresa May Burns Director of Purchasing Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B PUEBLO City of Pueblo Purchasing Teresa May Burns, Director 230 S. Mechanic St., Pueblo, CO 81003 [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT �FB No. 26-010 PL2101, COOT SAR M086-094 (24468) HAAFF Elementary Sch001 - SRTS RESPONSE DEADLINE: March 11, 2026 at 10:00 am Report Generated: Wednesday, March 11, 2026 Cedar Ridge Landscape, Inc Response CONTACT INFORMATION Company: Cedar Ridge Landscape, Inc Email: cedar@crlcinc.net Contact: Robert Montoya Address: 6 Merritt Ct. Pueblo, CO 81001 Phone: N/A Website: N/A Submission Date: Mar 11, 2026 9:56 AM (Mountain Time) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS No addenda issued ADDENDA CONFIRMATION QUESTIONNAIRE 1. BID GUARANTEE* To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of yourcheck or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. • Bid Bond.pf Haaf_Elementary_Bid_Bond.pdf 2. CONFIRMATION OF UNDERSTANDING AND OFFER* Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Confirming below will serve as the Bidder's acknowledgement of understanding and ability to comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 2 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be completed. Downloaded plans/drawings must be printed as "Actual Size"; scaling is NOT correct when printed using other options. It is the Bidder's sole responsibility to ensure plans are printed correctly and to inform third -party printers of this information. The City is not responsible for bidding errors resulting from Bidder's failure to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 60 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract Confirmed [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 3 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS 3. NAME, TITLE, AND CONTACT INFORMATION* Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. Ron Montoya; Sec/Tres; cedar@crlcinc.net; 719-545-2120 4. SAM.gov REGISTRATION* Upload documentation of active SAM.gov registration with no active exclusions. SAM.gov_2026.pdf S. ACKNOWLEDGEMENTS AFFIRMATIVE ACTION PLAN REQUIREMENT:* In accordance with LABOI�_.PROVISIONS , Section 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: Confirmed INSURANCE REQUIREMENTS* Bidder hereby acknowledges understanding of the insurance requirements as set forth in C: ENERAL.._PROVISIONS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and SPECIAL. PROVISIONS, CDOT AS ADDITIONAL INSURED and ADDITIONAL INSURANCE AS REQUIRED BY CDOT and certifies thatthey are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 4 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS Confirmed REQUIRED WORK BY GENERAL CONTRACTOR:* The bidder hereby acknowledges understanding of the performance of work requirement as set forth in SPECIAL. PFt02ISI.0.NS, PERFORMANCE OF WORK and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed COLORADO LABOR REQUIREMENT:* The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set forth in t: I:N.LRAj. ,PR.O.VISIO..I S, CONTRACTOR'S WORKING CONDITIONS: LABOR, sub -paragraph (b) and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: Confirmed ACKNOWLEDGEMENT OF PREVAILING WAGES & ADDITIONAL WAGE CLASSIFICATION RESPONSIBILITY* By submitting a bid for this project, the Contractor certifies and affirms the following (check appropriate options): I have the authority to sign on behalf of the company contracting for this project. I have reviewed the wage decision provided within the project specifications and find that it is the most current wage determination published by the U.S. Department of Labor for the proposed project scale in our locale. I have reviewed the wage classifications contained in the project's wage decision and find that NO additional wage classifications are required to complete the project. I have reviewed the wage classifications contained in the project's wage decision and find that additional wage classifications ARE required to complete the project. I acknowledge that the Contractor is responsible for requesting and obtaining Prevailing Wage Rates for the additional classifications from the U.S. Department of Labor. [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 5 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS I acknowledge that it is the Contractor's sole responsibility to pay prevailing wages for the project, and barring due process allowed by the U.S. Department of Labor (DOL), the Contractor will bear, solely, the additional cost, if any, as a result of the DOL wage determination for the additional classifications required to complete the original scope of project. CERTIFICATION OF NONSEGREGATED FACILITIES* By submitting a bid, Contractor certifies that segregated facilities are not, and will not be, maintained or provided for employees at any of Contractor's establishments, and that employees are not, and will not be, permitted to perform their services at any location, under Contractor's control, where segregated facilities are maintained. Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. Contractor further agrees that identical certifications from proposed subcontractors will be obtained prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that he will retain copies of such certifications; and that he will forward the following notice to such proposed subcontractors: Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C.1001. Confirmed SALES AND/OR USE TAX INFORMATION* CITY OF PUEBLO SALES OR USE TAX — [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 6 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX — The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX — The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: Confirmed 6. CERTIFICATIONS CERTIFICATION STATEMENT* By confirming below, Bidder certifies and affirms that all statements below are true and binding. If the City finds verifiable information from another source that conflicts with the response provided, Bidder's submittal will be rejected. This firm or any officer or partner of this firm: • Has not been convicted of a criminal offense related to obtaining or performing a public or private contract or subcontract. Has not been convicted under local, state, or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor. • Has not been convicted under local, state, or federal antitrust statutes arising out of the submission of bids or proposals. [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 7 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS • Has not failed to perform or unsatisfactorily performed in accordance with the terms of one or more contracts with public or private entities within the previous five years. • Is not currently under suspension or debarment by the City or any other governmental entity based upon a settlement agreement or a final administrative orjudicial determination issued by a federal, state, or local governmental entity. • Is qualified and financially able to timely perform the work. • Is licensed or able to be duly licensed to perform the work on the date of the contract award. • Is not delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists. Do you confirm that the above statements are true? Yes 7. CDOT Forms ANTI -COLLUSION AFFIDAVIT* Please download the below documents, complete, and upload. • Anti -Collusion Affidavit.odf Haaf_Affavit.pdf CDOT FORMS REQUIRED FROM APPARENT LOWEST/MOST RESPONSIVE BIDDER* The apparent lowest and most responsive bidder must submit CDOT forms 605 and 621 by 4:00 pm (MT) on the fifth calendar day after bid opening. These forms are included for reference in Attachment E and links to the forms have been provided in the SP.EC._.A.L_., PROVISIONS. By confirming below, Bidder acknowledges this requirement. Confirmed [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 8 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS PRICE TABLES BASE BID 1 201-00000 CLEAR AND GRUB 1 LS $3,500.00 $3,500.00 2 202-00200 REMOVAL OF SIDEWALK 145 SY $24.00 $3,480.00 3 202-00201 REMOVAL OF CURB 31 LF $8.00 $248.00 4 202-00203 REMOVAL OF CURB AND GUTTER 190 LF $10.00 $1,900.00 5 202-00210 REMOVAL OF CONCRETE PAVEMENT 30 SY $24.00 $720.00 6 202-00220 REMOVAL OF ASPHALT MAT 112 SY $24.00 $2,688.00 7 202-00250 REMOVAL OF PAVEMENT MARKING 390 SF $8.00 $3,120.00 8 203-00060 EMBANKMENT MATERIAL (COMPACT IN PLACE) 18 CY $95.00 $1,710.00 9 207-00205 TOPSOIL 13 CY $125.00 $1,625.00 10 208-00207 EROSION CONTROL SUPERVISOR 40 HOUR $40.00 $1,600.00 11 208-00020 SILT FENCE 300 LF $5.50 $1,650.00 12 208-00035 AGGREGATE BAG 56 LF $13.00 $728.00 13 208-00051 STORM DRAIN INLET PROTECTION (TYPE I) 70 LF $15.00 $1,050.00 14 210-00038 RESET IRRIGATION SYSTEM 1 EA $2,800.00 $2,800.00 15 210-00810 RESET GROUND SIGN 2 EA $190.00 $380.00 [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 9 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS 16 212-00011 SEEDING (LAWN) 0.02 AC $45,000.00 $900.00 17 304-06007 AGGREGATE BASE COURSE (CLASS 6) 62 CY $110.00 $6,820.00 18 403-00721 HOT MIX ASPHALT (PATCHING) 65 SY $120.00 $7,800.00 19 412-00602 CONCRETE PAVEMENT (7-INCH REINFORCED) (SQUARE PAN) 25 SY $125.00 $3,125.00 20 608-00000 CONCRETE SIDEWALK (4-INCH) 565 SY $93.00 $52,545.00 21 608-00001 CONCRETE SIDEWALK (6-INCH) 87 SY $105.00 $9,135.00 22 608-00015 DETECTABLE WARNING 96 SF $59.75 $5,736.00 23 609-20000 6INCH CURB HEAD (CITY OF PUEBLO STANDARD) 53 LF $20.00 $1,060.00 24 609-20010 CURB AND GUTTER (CITY OF PUEBLO STANDARD CURB AND GUTTER) 231 LF $38.00 $8,778.00 25 627-00002 THERMOPLASTIC MARKING 400 SF $28.00 $11,200.00 26 630-00012 TRAFFIC CONTROL 1 LS $6,800.00 $6,800.00 27 630-00012 MOBILIZATION 1 LS $9,100.00 $9,100.00 TOTAL $150,198.00 ADD ALTERNATE NO. 1 [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 10 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT IFB No. 26-010 PL2101, CDOT SAR M086-094 (24468) HAAFF Elementary School - SRTS 29 202-00203 REMOVAL OF CURB AND GUTTER 107 LF $10.00 $1,070.00 30 202-00210 REMOVAL OF CONCRETE PAVEMENT 13 SY $24.00 $312.00 31 202-00220 REMOVAL OF ASPHALT MAT 25 SY $24.00 $600.00 32 210-00810 RESET GROUND SIGN 1 EA $200.00 $200.00 33 304-06007 AGGREGATE BASE COURSE (CLASS 6) 1 CY $125.00 $125.00 34 403-00721 HOT MIX ASPHALT (PATCHING) 25 SY $85.00 $2,125.00 35 412-00602 CONCRETE PAVEMENT (7-INCH REINFORCED) (SQUARE PAN) 13 SY $165.00 $2,145.00 36 608-00000 CONCRETE SIDEWALK (4-INCH) 57 SY $81.00 $4,617.00 37 608-00001 CONCRETE SIDEWALK (6-INCH) 12 SY $105.00 $1,260.00 38 608-00015 DETECTABLE WARNING 16 SF $55.00 $880.00 39 609-20000 6INCH CURB HEAD (CITY OF PUEBLO STANDARD) 165 LF $18.00 $2,970.00 40 609-20010 CURB AND GUTTER (CITY OF PUEBLO STANDARD CURB AND GUTTER) 107 LF $38.00 $4,066.00 41 630-00012 TRAFFIC CONTROL 1 LS $1,200.00 $1,200.00 TOTAL $ 23,154.00 [CEDAR RIDGE LANDSCAPE, INC] RESPONSE DOCUMENT REPORT Public Improvement Invitation for Bid - HAAFF Elementary School - SRTS Page 11 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Bond No,-. 100 1168324-69 KNOW ALL MEN BY THESE PRESENTS: That Cedar Ridge Landscape, lno of, Pueblo, CO as Principal, and — American Contractors Indemnity Company , as Surety, are held and firmilly bound unto the City of Pueblo, Colorado, as Oblligee, in the full and just sum of Ten Thousand, Five Hundred and 00/100 Dolliars ($ 1 0,§0000 ), lawful money of the United States, for the payment of which, sum, well and trully to be made, we bind ourselves, our heirs, exeCLAMS, administrators, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the said Principal is herewith submitting its, bid dated Mlarch I Ith 20 26, for: !?,Id Name- H,AAFF ELEMENTARY SCHOOL - SRTS� 26-010 01, CDOT SAR M086-094 (24468) and said Obligee has required as a condition for receiving said bid that the Principal deposit specified Bod Guaranty in the amount of not less than five percent (5%) of the amount of said! proposal, conditioned that in event of failure of the Principal to execute the Contract Agreement for such construction and' furnish required Payment and Performance Bonds if the Contract is awarded them, that said sum be paid immediately to the Obligee as liquidated damages and not as penalty for the Principal's failure to perform, The condition of this obligation Is such that if the aforesaid Principal, shall within the period specified therefore, on the prescribed form presentedi to them for signature, enter into a written Contract Agreerrient with the Obligee in accordance with their bid as accepted, and give required Payment and Performance Bonds with good and sufficient surety or sureties, upon the form prescribed by the Obligee, for, the faithful performance and the proper fulfillment of said Contract, or in the event of withdrawal of said bid within the time specified, or upon the payment to the Obligee of the sum determined upon herein as liquidated damages, and not as penalty in the event the Principal fails to enter into said Contract and give such Payment and Performance Bonds within the time specified, then the obligation shall be null and voA, otherwise to remain in full force and effcct. (Signature Page Follows) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Signed, sealed and delivered this ATTEST: By (SEAL) ATTEST: B S h Theusch, Admin (SEAL) 11th day of (Bid Bond) March 20�26 Cedar Ridge Landscape, Inc Principal B obert Montoya Jr, President American Contractors Indemnitv Compan Surt�r µ By Attorney -in -fact Jeremy Crawford Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 1044 _ R TOK O I N E MA H C C .._.� __.._. POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint; Jeremy Crawford, Michael D. Williams, William J. Nemec, Tanya Fukushima, William Gerber, Bradford J. Quiri, Amanda M. Quigley, or Andrea Haight of Golden Valley, Minnesota its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *""" Five Million and 00/100 ***** Dollars ( "`$5,000,000 O" ). This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 180 day of April 2022. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATrz$$,.SURETY,,QGAM.PANY .,MJ+ 4� !{?ECIAI.,T;�Y,,IN$..URANCE COMPAN`! State of California '_{ x ���r,cawwru.+ra x x�'! }*0.s.^s aaf 4 b/ as rn.lwc) w x�w v County of Los Angeles '+ °��; ° " { By: �annup�" '••4r,p. nn+ t„u�ioiw� r,ro,..+,,,,,,v�"Daniel P. Agllllr,Vice reSlClen't A Notary Public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this cerfificafe is attached and not the truthfulness, accuracy, or validity of that document On this 181h day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to m e on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SONia 0. G7t oo WITNESS my hand and official seal. Wary Faalt•Gnrprala • � uK �ar�tn ca,�ry E fmiMulon t 7746710 Signature (seal) � yComm.E-0,nW77.7076 I, Kio Lo, Assistant Secr Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 111h day Of March a 2026 Corporate Seals u:ow1 .... „ Bond No. 10011 88324.69 '°`r Q', .gat 5ps=4=k?;� 1'� + } WKti0.rGk.U[rl k4 ` 1ra' 0. �* j x ]] ���aerr as lNro�iF wi Frt,3w � � �bz �l .� \ r 1Klo Lo, Assl Secretary Agency No. 19903 - PDF POA ,pi„ia�a or + r �, on,tia,i av•°` p•qr i�iun•a•� r�u u,jim:nN�"`• HCC5MANP0A02n023 visit tmhcc.com/surety for more information Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B An offid a I website of the United States govern me nt Here's how you know Revolutionary FAR Overhaul Impacts to SAM.gov Show Details Aug 15, 2025 Records Retention Policy Impacts Old SAM Registration Data Show Details May 21, 2025 I�wlll- SAM.Gov® Home Search Data Bank Data Services Help Core Data Entity Registration Core Data Business Information Entity Types Financial Information Taxpayer Information Points of Contact Assertions Reps and Certs (FAR/DFARS) Reps and Certs (Financial Assistance) Exclusions Responsibility / Qualification Entity Reporting x See All Alerts E% Requests Q Notifications oo Workspace 0 Sign Out CEDAR RIDGE LANDSCAPE, INC. Active Registration Unique Entity ID CAGE/NCAGE M9RYD5JJA1H1 1GPN0 Physical Address 6 Merritt CT Pueblo, Colorado 81001-4258, United States Purpose of Registration All Awards Version Current Record Mailing Address 6 Merritt CT Pueblo, Colorado 81001-4258, United States OTH. Entity Information Expiration Date Aug 26, 2026 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B COLORADO DEPARTMENT OF TRANSPORTATION P1r': " Pi ANTI -COLLUSION AFFIDAVIT J hereby al�test that I am his person lesiovisible wiffrin Iny firrn for the final decision as to, the price(s) and amount of this bid or, if not, that I have 'written aulhonzation, enck4ed herewith, from that person to make the slaternents set out below on his or her behalf and on behalf at my fhrn, further attest that: 1. The price(S) and,arFloUnt 01 this bid have been arrived it independently, WIthOU1 consultation, COMMUnicallon or agnaernent for the purpose or with the effeal 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 cIlsiolosed to any other firm or poison: who is a bidder or potential prime bidder, on this project, and wIV not be So diSCIOSed prior to bid opening. 2& Neither the prices nor, the arnourn of the bid of any other firm of person who Is a bidder or potential prime bidder orl this project have been disclosed to me or my firm, 3k No attempt has been made to solicit, cause or Induce any firm or person who is a bidder or potential plime orcla4,r to retrain frorn bidding on this Protect, or to submit a bid higher than the bid of this firm, of any intenVorlany high or norl- cornpetOlve bid or other form of complennenlary bid 313, No agreement has been promised or solicited for any other Min or person who is a bidder or potential phirne brdder on this piolect to submil an Intentionally high, noncompetitive or other form of complementary bid on this protect, 4, Tire bid of my firm is made In good faith and not pilisuant to any consuflation, communication. agreement or discussion with or inducement or solicitation by or from any firm or person to submilt any intentionally high, rioncorn- pefitive or other form of compbroantary bid, 5, My firm has not offered or Wered 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 of anything olvalue to any firm or person, whether In connection with this or any other project, In consIderation for an agreement or promrse by any flirm or person to retrain from bidding or to submit any Intentionally high, noncornpiefitive or other form of complementary bra or agreeing or promising to do so on this project. 6, My firm has not accepted or been pron,tsed any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised of paid cash or anything of value by any firm or person, whether in connection with this or any other, project,, In consideraWn for my firrn's surntriffing any intentionally high, noncompetitwo or other form of complementary bill, or agreeing of promising to do so, on this project 7, t have made a diligent inquiry cat all members, officers, ernployees, and agents V, my firm with respwisibif1res; roliting to the preparation, approval or submission of my firm's t)rd rin this project and have been adi by each of them that he or she has not participated In any commu In ication, consolation, discussion, agreement, Wklinon, or other conduct moonsislenI wftn any of the statements and representations made in this allidavit, i ondeistand and my, hrm understands that any misstatement in tNs affidavit Is and shah be treated as a fraudulent concealment from the Colorado Department of Transportation, of the true, facts relating 10 WbrNsslcri of bins for this contract, i DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE. AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS,, T r HAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE, BEST OF MY KNOWLEDGE, JOF 'd v'oft�"V'P'H 11M OF Swom to b tpre me this I day oi, 20 41 14f JAJ' "I"t4r.-e AUTUMN SHIHER l' FNOTARY PUBLIC - STATE OF COLORADO N40TARY ID 20254019420 t NOTE: This doctinnient crust be eligned in ink. MY COMMISSION EXPIRES MAY 14, 2029 COOT Fom 06DO 1192, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Instructions., Form to be completed by an authorized agent or Officer for the bidder/Contractor submitting a bid for the Colorado Department of Transportation Project identified below, Project dumber. I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and arnount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below, on their 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. 2. 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. 3, 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, 4. 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 noncompetitive bid or other form of complementary bid, 5. 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. 6, 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, noncompetiVve, or other form of complementary bid. 7. My firm has not offered or entered Tinto 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 valve 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,, 8. 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 anytNing 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, 9, l 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 nay 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. 10, 1 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., Signature Declaration: 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, T17tle Second Company Name if Joint Venture 0 WM gate e"- Date Form Number 606 — April 2024 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Colorado Department of Transportation Contractors Performance Capability Statement — Form 605 Instructions: Form to be completed by an authorized agent or Officer of the successful bidderiContractor selected for award in accordance with the Colorado Departnjent of Transportation's Bid Rules, Attach additional pages as needed if more space is required to complete the form. �111 Project 'Nurnber:a�----I� Partnerships or Joint Ventures- List the names of any partnerships or joint ventures in the area below or put a check mark in, tt)e box for none. None EJr Performance Capability: For each item below identify decreases in the Contractor's fiscal or workmanship qualifications compared to the last prequalificabon application submitted to the Colorado Department of Transportation, if there are no changesldecreases, Put a check mark in each box for none as applicable, Key Personnel Changes - NoneD Key Equipment Changes - NoneE] Fiscal Capability Changes - loner —I Other Changes Affecting Ability to Perform Work - bone[2f Signature Declaration: I declare under penalty of perjury in the second degree, and any other applicable State or Federal laws, that the statervents made on this document are true and correct to the best of my knowledge. Contractor CornpEoy Name By Title Date -§e—cond Company Name it Joint Venture 0 M IM Form Number 605 — April 2024 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Colorado Department of Transportatilon Assignment of Antitrust Claims — Farm 621 Instructions: Form to be completed by an authorized agent or Officer of the successful bidder/Contractor selected for award of the Colorado Department of Transportation (CDOT) Project identified below. 1 1 Project Number: ....® Contractor and CDOT recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Contractor hereby agrees to the following assignment of antitrust claim provisions for the executed construction Contract for the project: 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 the executed construction Contract. 2. Contractor hereby expressly agrees: A. Upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: i. Such third party that the antitrust claim has been assigned to CDOT, and ii. CDOT that such civil action is pending and of the date on which, in accordance with subparagraph A.(i) 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. 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 executed construction Contract, Contractor shall require that each subcontractor do the following: A. Irrevocably assign to CDOT as a third party beneficiary all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal and state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor's obligations to the Contractor. B. Upon becoming aware that a third party has commenced a civil action asserting on subcontractor's behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: i. Such third party that the antitrust claim has been assigned to CDOT, and ii. Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph B(i) above, 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. D. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. Signature Declaration: Acting in my capacity as an authorized agent or Officer for the Contractor do hereby agree to the above assignment of antitrust claim provisions. Second Company Name if Joint Venture 0 Title Date Date Form Number 621 —April 2024 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B MI ol I C "I'PUEBLO N!-c cc, I a o d o P LJ B I � I I MI P R 0 V ENI EAl F I 1\1 V I FA Fl 0 1\1 F 0 R B 11) )F(I W108)60(4(24468) 26 010 P1.2101, CIDC '�)AF 9 City of Pueblo 230 S. Mechanic St. Pueblo, CO 81003 RELEASE DATE: February 17, 2026 DEADLINE FOR QUESTIONS: March 3, 2026, 4:00 pm RESPONSE DEADLINE: March 11, 2026, 10:00 am RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO: P../jP �./PUeHo ..................................... Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B City of Pueblo PUBLIC IMPROVEMENT INVITATION FOR BID HAAFF Elementary School - SRTS I. ADVERTISEMENT FOR BIDS................................................................... I. INTRODUCTION..................................................................................... III. SPECIAL PROVISIONS............................................................................ IV. LABOR PROVISIONS.............................................................................. V. GENERAL PROVISIONS.......................................................................... VI. VENDOR SUBMISSIONS......................................................................... VII. PRICING TABLE...................................................................................... Attachments: A - Sample Contract Documents (CDOT Projects) B - Licensing and Sales Tax Information C - CDOT Standard Special Provisions—HAAFF D - CDOT Project Special Provisions—HAAFF E - FFATA Reporting Form F - CDOT Required Forms G - 26-010 HAAFF Elementary School - SRTS_IFB Drawings Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS The City of Pueblo is soliciting bids for the following project. Project No.: 26-010 PL2101, CDOT SAR M086-094 (24468) Project Name: HAAFF Elementary School - SRTS In general, this project will consist of the construction of sidewalks and connections, the installation of high visibility crosswalks, the installation of ADA curb ramps and other incidental items as detailed in the plans and specifications for this project. This project is to be financed in whole or part by a grant from the Colorado Department of Transportation (CDOT). Bidders must comply with all applicable federal and state standards and orders, including the Davis Bacon Act. It is the Bidder's responsibility to determine and/or confirm the applicable and most current prevailing wages pursuant to the Davis -Bacon Act. Complete solicitation information can be obtained on the City of Pueblo Purchasing Department website at w::.:..N.!.'.....rb..:.!....N.!..!::.�:.:.... ... N....#. or the OpenGov portal at krtt o Nr..acuNa Nrna nt.r..a a n. ray: raNrn r..a[tal ua l�lo. K......................K..........................................................................................C.................. .. K.....................................r.................................... Published: Tuesday, February 17, 2026 in The Pueblo Chieftain Newspaper Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 1 ij rRODUc riIm This project will consist of the construction of sidewalks and connections; installation of high visibility crosswalks; and installation of ADA curb ramps. . 2. 01ii�� ttt � D Ire Olr lrt � f Olr� ...................................................................=.................................................., Deborah Rivera Purchasing Contract Administrator 230 S Mechanic Street Pueblo, CO 81003 p urck7ain..�"?...Keullra.:.!� E m a i:............................................................... Department: Public Works 3v if W 61rnIh n Advvr'ti vor ent/IIIteases Project III''tvty February 17, 2026 0 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Pre III';id Meeflng (Non ...Mandatory) February 24, 2026, 10:00am In -Person: Department of Public Works Conference Room 211 East D Street Pueblo, Colorado, 81003 Microsoft Teams: []st t.K .... �'.a.! ..s..:.! ..!..!:::os . f t..:. ra ITn..�..! u4a.i.n 1 /a.-3 t.! _eet..i �..i ..........Cll ..�... �..... .V / t M1 IIIN rn „ MWILz_ILWII.00. _(..:�tNG,J....t ..g.�.....I:::..l:..I�M1_mY /a40t.l:.N:::ea d.,y?./Q..conte xt:::::/a.7b%22Cid/a22 3a/a22068b62. 62...5168...4.��88...843f... ........................................................................................................................... °: edbda68aIa0%22/a2c/a22OJd/a22/a3a/a223bcc ........................................................................................................................................................................................................................................................................................................... F2d!':�-d69S .4.623 89c4 ccb9ee606a13%22 7d. ............................................................................................................................................................................................................................................................................................. Meeting ID: 228 627 688 908 Passcode: tg3Lh3gK Dial in by phone +1 719-467-7197„691390594# United States, Pueblo Find a local number Phone conference ID: 691 390 594# Q u 't on Submr ssi on I�)eadhne March 3, 2026, 4:00pm I; id Op nMg March 11, 2026, 10:00am Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS I. t l'1 E) L 11ROVISIONS IL GI""",EE�:OC.. DS1CW�t'1f..DS All specifications included in the Special Provisions shall have precedence over and will govern in the event of a conflict with other sections contained in this document. Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Failure to do so will not relieve a Bidder from any obligation or responsibility to understand and comply with all requirements and conditions for this project. Bidders shall inform themselves of the conditions of the project site and the requirements of the project's scope of work before submitting their bid. No allowances shall be made by reason of any matter or thing concerning which they might not have been fully informed prior to the bidding. No Bidder will be heard after the opening of bids to assert that there was any misunderstanding as to the nature of the operation expected in this solicitation. If a pre -bid meeting is held, Bidders should make every effort to attend. If the pre -bid meeting is mandatory and the Bidders cannot attend, it is imperative that someone else attend as a representative of the company, otherwise, their bid will not be accepted at the time of bid opening. Downloaded plans/drawings must be printed as "Actual Size"; scaling is NOT correct when printed using other options. It is the Bidder's sole responsibility to ensure plans are printed correctly and to inform third -party printers of this information. The City is not responsible for bidding errors resulting from Bidder's failure to follow this requirement. Each bid must be accompanied by a certified check, cashier's check, money order or bid bond in the amount of five (5) percent of the grand total bid, plus all alternates if applicable, payable to the City of Pueblo as a guarantee that if the bid is accepted, the bidder will execute and file the proposed contract and bonds within ten (10) days from the date of the Notice of Award. The City is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov by signing up at I2tt o Z„N„rah.e N,,:'.N .'.! :.,..ra.C...a'.N .gray. raNTn i.g.!S.."1.r. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid. Bidders must follow the submittal procedures outlined in the bid documents. The City reserves the right to reject any or all bids for any or all items covered in the Invitation for Bid, to waive informalities or defects in bids, or to accept such bids as deemed acceptable by the Purchasing Agent. ................................................................................................................ This project is to be financed in whole or in part by a grant from the Colorado Department of Transportation. ............................................................................................................................................................................................................................................................................................................................................................................................................................... The 2026 Standard Construction S�a�cificatir..an� and Stan�aN°� Da�tail� fr..aN° C,it r..af Pua�l�lr..a .........................................................................................................................................................................................K........................................................................................................................................................................................................................................................V................................................................P............................... adopted January 12, 2026, and as most recently amended, and the Colorado Department of Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Transportation 2025 Standard Specifications for Road and Bridge Construction shall control the construction and quality of materials for this project except where specifically modified by the Special Provisions. Unless specifically modified by the Special Provisions, the Standard Construction Specifications and Standard Details shall control with respect to any inconsistencies with the Plans. The 2025 Standard Construction Specifications and Standard Details are not included in this bid package but are available on the City of Pueblo's website at 11 „tt„p v v v. „eu k lra.eu 126„-�onstr u tion-„ S:ta.N�..d.. �_C::d.s.. The Colorado Department of Transportation 2025 Standard Specifications for Road and Bridge Construction are available at C,Do r Standard. Sra�cificati.ons for IRoad and Brid. e Construction IOI" By submitting a bid, the Contractor acknowledges possession of a copy of said documents. ................................................................................................................................................................ Specifications may be written in abbreviated style with incomplete sentences. Omission of words such as "The General Contractor shall", "Conforming to", "shall be", etc., are intentional; omitted words shall be supplied by inference. Where words "approved", "satisfactory", "directed", "submitted", etc., are used it shall be assumed that the words "Project Manager" follows, such as "approved by the Project Manager". v 5v D E I:- DI DI.1f..DI 1-- E GE B: g' EINEIRAL PIR(': V" SII( NS" Authority of Engineer (a) and (b) of The term "Engineer" as used in Sections.......................................................................................................................................... , _MINERAL IPII (':� IISII(':��5 shall mean City Engineer the "(Consulting Engineer or Architect") with respect to ......................................................... all questions relating to the conformance of the work with the technical requirements of the plans and specifications, interpretation of the technical requirements of the plans and specifications, and with respect to the rejection of work and materials which do not conform. With respect to all other uses of the term "Engineer" in Section _E N [..I.R A IL P..I.R 0 ILS.IL� NS... Authority of Engineer, the term shall mean the Director of Public Works. In Sections TERMINATION FOR CAUSE, FINAL ACCEPTANCE OF THE WORK, COMMENCEMENT AND COMPLETION OF WORK and UNCORRECTED WORK of G_EIN_EII A IL„IPII 0 IISII0NS, all references to Engineer shall mean the Director of Public Works. All other references to Engineer in -E N E.J.R A L P.J.R 0 ILS.JL0..:5. not specifically addressed in this section shall mean the Consulting Engineer. An approved equal, where noted, may be considered by the City. For consideration as an approved equal, a Request for Substitution must be submitted through the OpenGov portal by Tuesday, March 3, 2026 at 4:00 pm (MT). Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability. If approved, an addendum will be issued that lists all approved equal products or materials. No other products or materials will be considered. Any inquiries regarding seeming inconsistencies between the Plans and Specifications for this project must be made by Tuesday, March 3, 2026 at 4:00 pm (MT). 3.8. 1)11EI)AYMENTOI-0TYSAI ES AND USE TAX (This section applies to public improvement construction projects $100,000 and over.) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS The Contractor shall make application for, and prepayment of, City sales and use tax on the estimated percentage basis being forty percent (40%) of the total Project bid as awarded, including Base Bid plus those Alternates selected. Application and prepayment shall be made within fourteen (14) days of the date authorized to proceed with construction of the Project as set forth in the Notice to Proceed. All applications and prepayments shall be coordinated directly with City's Division of Sales and Use Tax, Attention: Tax Audit Manager, 1 City Hall Place, Pueblo, Colorado 81003. Finance Department policy sets the threshold at $100,000. Any contractual obligations below this amount will not generally be required to make a pre -payment of Use Tax. 3.9. I) D: OC.. DI BDI OC.. DI 1C.W` Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. Awarded Contractor will be required to submit a completed Colorado PERA Questionnaire form. This form is available to view at [�tt - c..............PERA.]::orm and is °p1..............'............ ..............v 9........................................ included by reference in this Contract. Pursuant to Ordinance No. 6510, dated February 14, 2000, the Department of Public Works shall evaluate the performance of Contractor using the Contractor/Consultant Satisfaction Program form. This form is available to view at htt. www. eu„ k „Ira.eu �"� �'II„N formation and is included by reference in this Contract. The evaluation shall be utilized to review Contractor performance, increase communication, and foster positive business relationships. Evaluation shall also record documentation of Contractor's overall performance. Material failure to perform in accordance with the terms of one or more contracts, or materially unsatisfactory performance of one or more contracts, may be justification for disqualifying future bids by Contractor. The following Equal Opportunity Clause shall be included in each government contract entered into by the City: During the performance of this contract, the contractor agrees as follows: A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity. national origin, creed or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS B. The contractor will, in all solicitations or advertisements for employees placed by on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, creed or age. C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. D. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such 0 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by E011375 of Oct. 13, 1967, 32 FIR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FIR 20749, EO 13672 of July 21, 2014, 79 FIR 42971] 1 12. This Contract Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFS Part 15, as amended from time to time. The contractor shall comply with the following requirements: A. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c 8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. C. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. D. Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. ......................................:::::...................................................................................................... ..................................... .................................. .........................................., ME � � �:: �: S 1-- I 1 �� / E I: DI �� � �� is 1C W �....II �:: �: I) � � I l 1-1- DI DI [ S ..........................................................................................................................................................................................................I'll, .l",".......................................................................................................................................................................,..,,............,,..,,....... No members, officers, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or 10 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Grantee's officers, employees, and agents shall never solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors, and, additionally, shall be governed in their actions by the standards of conduct described in Title VI of the 1971 Code of Ordinances of the City of Pueblo. v 1 v M.. I l � S S IFS:: DI �� �:: �: � 11 1 DI 1 � I �:: If.W` �� l....II E 1 I'll ....II T I_: 1970 This contract is subject to the provisions of the Williams -Steiger Occupational Safety and Health Act of 1970. These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal Law(s), including but not limited to the latest amendments of the following: • Williams -Steiger Occupational Safety and Health Act of 1970, Public Law 91-596 • Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations • Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations This project, the prime contractor, and all subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 Safety and Health Regulations for Construction (37FR243), as amended to date To implement the program and provide safe and healthful working conditions for all persons, general project safety meetings shall be conducted at the site, by the construction superintendent or his designated safety officer, at least once each month during the course of construction. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda. Attendance by the owner, architect, general foreman, shop stewards and trades, or their designated representatives, shall be mandatory and witnessed in writing as such. To further implement the program, each trade shall conduct a crew meeting at least once each week, to review mandatory project safety requirements. The crew foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in a daily log or report. The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the City, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health act of 1970. This program shall become a part of the contract between the City and prime contractor and all contracts between the prime contractor and subcontractors as though fully written therein. 11 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Contractors must be registered on SAM.gov to be considered for award and must submit proof of registration and good standing with their bid. Note: This is a free registration. Please visit httLowww.„NTn,fay to register or for more information. 3.17. 1-I D D: 1 1-1 D DI G ACCOUNTAH.. FFY and IAIANSIINIENCY ACIAIE110111ING ........................................................................................................................................................................................................................................................................................................................................................................................................................................................... ..................................... The awarded Contractor will be required to provide the information as shown on the Federal Funding Accountability and Transparency Act (FFATA) Reporting Form / Certification included as Attachment G. This form shall be filled out and turned in with the contract performance and payment bonds and signed contract agreement. CDOT required forms are included for reference as Attachment F. The following forms must be included with bid submittal CDOT Form 606 - Link The apparent lowest and most responsive bidder must submit forms 605 and 621 by 4:00 pm (MT) on the fifth calendar day after bid opening. CDOT Form 605 - ILinl. ........................ CDOT Form 621 - Linl. ........................ v 1 v STATUT011yWHAIll l....II 1 MG I)IMNON MODHICAIJON, WAIVER OF STATUTORY RETENTION LIMITS of the City's.G IENIEII IL„ P IR. (' . II„S ON S., is hereby rescinded for this project. The amount retained from Contractor's progress payments will be in accordance with CDOT's standard contracting payment procedure. ....................................................................................................................................................................................................... The Colorado Department of Transportation (CDOT) shall be named as an "additional insured" on Contractor's General Liability and Automobile Liability policies. Insurance shall be procured and maintained at Contractor's own cost and expense in conformance wit ENEIRAL P IR. O.YJSINS., SECTION CONTRACTOR'S INSURANCE (a) and (b). Contractor shall submit to the City proof of required insurance prior to execution of the Contract Agreement. The Colorado Department of Transportation (CDOT) will require the additional insurance as detailed below. Insurance shall be procured and maintained at Contractor's own cost and expense. Contractor shall submit to the City proof of required insurance prior to execution of the Contract Agreement. 12 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS A. Protected Information Liability Insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: 1. $1,000,000 each occurrence: and 2. $2,000,000 general aggregate B. Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: 1. $1,000,000 each occurrence; and 2. $1,000,000 general aggregate. C. Crime Insurance including employee dishonesty coverage with minimum limits as follows: 1. $1,000,000 each occurrence; and 2. $1,000,000 general aggregate. Proposer must submit the following with their bid submittal package: A. A preliminary statement of work force needs for skilled, semi -skilled, unskilled labor, and trainees by category. Consideration will be given to Contractors who will have training and employment opportunities for project area residents. B. Acknowledgement of Affirmative Action Plan requirement for utilization of WBE and MBE firms. Within fifteen (15) days of contract award, Proposer must advise the CDOT Assistant Regional Administrator for Equal Opportunity of the steps which have been taken to comply with items 1 and 2 above. All contractors and sub contractors must comply with the requirements of Executive Order 11246. Written affirmative action programs are required on all contracts or sub contracts exceeding $50,000. Contracts or sub contracts of less than $50,000 do not require the submittal of written affirmative action programs unless so ordered by the Department of Labor (DOL) or the Colorado Department of Transportation (CDOT). The written programs must be submitted to DOL or CDOT within 15 days of contract award. Certification of Nonsegregated Facilities must be signed and submitted with the bid document. Each contract or sub contract in excess of $10,000, or employing more than five (5) persons, shall be required to have a written affirmative action plan which declares that the contractor or sub contractor does not discriminate on the basis of race, color, religion, creed, national origin, sex and age, and which specifies goals and timetables to assure the implementation of that plan. 13 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS When the contract is awarded, prime contractors shall complete a Minority Business Participation Report and submit to the City of Pueblo. CDOT Affirmative Action Requirements/Equal Employment Opportunity Provisions are included in Attachment C. v 23 v I C 11 11: DIDEl: l: EQU lll: ED ................................................................................................................................................ LCPtracker is CDOT's system for monitoring compliance with prevailing wage requirements and on the job training hours. All construction contractors (prime and subs) must log in to LCPtracker weekly to submit and certify payrolls. 3 v 2 4 t E 1CW� CDOT Required Contract Provisions Federal Aid Construction Contracts Form FHWA-1273 is applicable to this project. Form FHWA-1273 and On the Job Training Standard Provisions are included in Attachment C. v .1 v 1 E � � DI �: E � 1 DID B �� E �:: �: 1 I W �: T �: The General or Prime Contractor shall be responsible for performing work, with its own organization, greater than or equal to thirty percent (30%) of the total original contract price. These requirements are detailed in Section VI. - Subletting or Assigning the Contract of Form FHWA-1273 included in Attachment C. Davis -Bacon Minimum Wages General Decision Number CO20260008 01/02/2026 is included in Attachment C. .................................................................................................................................................................................................................................................................................................................................................................................................................. Bidders must comply with all State of Colorado, Department of Transportation construction project requirements as detailed in Attachments C and D. 3 v 2 8 .......................................................................................................................... By submitting a bid, Contractor acknowledges the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, uncertainties of weather, physical conditions at the site, the character/quality of surface and subsurface materials to be encountered, the character of equipment and facilities needed prior to and during the work, and all other matters which can in any way affect the work or the cost thereof under this Contract. Failure by Contractor to acquaint themself with all the available information concerning these conditions will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing the work. 14 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS The Contractor shall attend a pre -construction conference with the Project Manager, City employees, representatives of the utility companies, and/or other interested parties prior to any construction. Preconstruction meeting will be scheduled 7-10 days after notice of award is issued. Documents required to be submitted at Pre -Construction Conference o Contractor's Site Management Organization (to include Site Supervisor, Quality Control Manager, and Site Safety Manager with 24-hour contract information) o Project Schedule — Using Bar Chart or Critical Path Method o Subcontractor List o Emergency Notification Information o Certificate of Insurance — CDOT Named as Additional Insured o Project Safety Management plan o One (1) copy of each Subcontractor Contract o Sublet Permit Application — CDOT Form 205 (ILi_N2k) (IL!5,.,:,!:s .:tiraNS J o Copy of ATSSA and Flagging Cards o Traffic Control Plan • Please submit all documents electronically on a thumbdrive, disc or through email prior to the meeting to Kelly Grisham at kgrisham@pueblo.us The Contractor shall be aware of and shall comply with all State and Federal Safety regulations which are applicable to the work included under this Contract. Enforcement will be by the proper State and Federal regulatory agencies. If any construction activity is deemed to be unsafe for inspection, Contractor shall, upon notification, discontinue work until the deficiencies are corrected and the job can be properly inspected. 3.31.::�@::�:: ..................................................................................................................................................................................................................................................................................................................................................................................................................... As referenced in Sections PROTECTION OF THE PUBLIC, WORK, AND PROPERTY and ACCIDENT EINEIRAL PI!R0"u"IISII(' NS it is the Contractor's responsibility to provide adequate PREVENTION o the ........................................................................................................................................... barricades, protective devices and safety measures, and to employ other precautionary means for the adequate protection of the public, the work, and public/private property from injury or loss. Should the City become aware of any condition or circumstance arising from the work, or with respect to any excavation or areas disturbed by Contractor which, in the opinion of the Project Manager, creates or results in any imminent or unreasonable risk to the health/safety of the public or to public/private property, the City may undertake emergency work or repairs. Such work may include, by way of 15 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS illustration, provision of barricades, traffic control devices or flagmen, deployment or warning signs, repair of lines under construction, repair of collapsed excavations or sinkholes, placement of sandbags or dams, and other emergency efforts. The determination of the necessity during the construction and warranty periods for the City to do any such emergency work or repairs shall rest entirely with the Project Manager. The cost of emergency work done by the City, including the actual cost of labor, equipment, and materials, plus 100 percent, shall be deducted from any amounts otherwise owed to Contractor, or may be invoiced to Contractor, or the same amount shall be recovered from Contractor's performance bond. The Contractor shall provide the name, address and phone number of a representative who may be reached at any time during the life of the Contract regarding repairs, detours, barricading, etc. This information shall be furnished in writing to the Project Manager. During construction and until final acceptance by the Project Manager, Contractor shall be responsible for controlling dust emissions in the construction area. No earthwork activities shall be performed when the wind speed exceeds thirty (30) miles per hour. All fill areas shall be compacted on a daily basis to 95% minimum compaction. Any mud or dirt carry out onto paved surfaces shall be cleaned up on a daily basis. Contractor shall promptly comply with all directives from the Project Manager relating to dust control. If Contractor fails to comply or provide adequate means to control dust, a stop -work order will be issued until the problem is corrected. Contractor shall maintain and/or repair any damage done to all existing properties, public or private, adjacent to site improvements, including but not limited to, asphalt, base course, utilities, sod, irrigation systems and landscaped areas. In general, disturbed areas shall be replaced to the lines, grades, thickness, and like materials of the existing conditions unless otherwise stated on the plans. Restoration shall be consistent with that of areas adjacent to the limits of construction. Grass and other plant areas shall be restored, maintained, and irrigated until final acceptance by the Project Manager. Fabric shall be installed under all rock landscape areas. Any landscape material salvaged by Contractor for reuse will not be acceptable if contaminated by dirt or different landscape material. Slopes to match from the new improvements to existing improvements shall not exceed a 4:1 slope. Site restoration and cleanup will not be measured or paid separately but shall be included in the unit prices for each bid item. Partial payments will not be made on any bid item until the restoration and cleanup associated with that item is satisfactorily complete and acceptable to the Project Manager. 3.35). UTUTY10CA11ONS The accuracy of information furnished in regard to underground utilities is not guaranteed. The utility locations are approximate and may not include all utilities. Contractor shall determine the exact location of all utilities before commencing work. Contractor shall be fully responsible for any damage which might occur due to Contractor's failure to locate and protect all utilities. Contractor shall repair or have repaired, at no cost to the City, any damage to utilities. 16 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Existing utilities include gas, water, service lines, meters, meter cans, buried telephone cables, buried power lines, pedestals, utility poles, sanitary sewer, manholes and services, and any other existing utility. 3& / E [fl....II E D � �: � D �:: �: �� �: � D l....II DI .� DI....II / OC...TA G E I) E [: I l E S .......................................................................................................................................................................................................................................................................................................................................................................................................... Unless danger against contact with high voltage overhead and/or underground lines has been effectively guarded against, Contractor shall not perform any function/activity upon any land, building, highway, or other premises if at any time during the performance of any function/activity it could move or be placed within ten (10) feet of any high voltage overhead and/or underground line. If work is to be performed within ten (10) feet of high voltage overhead and/or underground lines, the public utility must first be notified to arrange for safety provisions. Contractor may perform the work only after arrangements, including coordination and payment of fees, if applicable, have been made with the utility company. The "no fee" permit shall be obtained from the City Engineering Division at 211 E. "D" Street. Any concrete work placed without benefit of both permit and inspection by the Public Works Department will not be paid for. .38. C001UNA11ON 1-: CONSTIWO]ON ACTMIJES ......................................................................................................................................................................................................................................................................................... Contractor and subcontractors shall coordinate work with all other construction activities and contractors; and cooperate with them to facilitate general progress of the work. Each trade shall afford other trades every reasonable opportunity for installation and storage of materials. Contractor shall coordinate work on the project with all work shown on the plans which is to be done by "others". It is the Contractor's responsibility to coordinate work with each entity and incorporate it into the project schedule. Pueblo Board of Water Works shall complete the work to relocate fire hydrants as shown on the plans. Black Hills Energy shall complete the work to relocate light poles as shown on the plans. ................................................................................................................................................................... Failure to complete the work by the allotted 60 calendar days shall result in the assessing of liquidated damages according to _E N E I.R A IL P..I.R 0 IISII( NS... All work must be completed between June 10 2026 and August 10, 2026. 3.41. [ A DI G OUTWO11K Contractor shall locate all general reference points and take such action as necessary to prevent their destruction. Contractor shall lay out their own work and be responsible for all lines, elevations, and measurements of the building, grading, utilities, and other work executed under this Contract. Contractor shall exercise proper precaution to verify figures shown on the drawing before laying out work and will be responsible for any error resulting from failure to exercise such precautions. 17 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS All Curb Ramp Construction shall include all costs necessary to construct A.D.A. compliant directional curb ramps with tactile bands (24" x 24" and 24" x 30") and A.D.A. compliant sidewalks. Specifically, it will involve the removal and construction of curb and gutter, 4" concrete, 6" concrete, 7" reinforced concrete, and asphalt roadway patching. All Curb ramps shall be field designed by the Field Engineer from the Public Works Department in coordination with the Contractor. Curb ramps shall comply with all A.D.A. provisions as found in the most current version of the Public Rights -of -Way Accessibility Guidelines. 141 l....II W: S 1-- W011K ........................................................................................................ The Project Manager and the Inspection Division are available from 7:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding holidays. Any work done outside of these hours must be approved by the Project Manager. This item shall consist of mobilizing of personnel, equipment, and supplies to the project site in preparation for work on the project. Item shall include all costs incurred which must be performed prior to beginning the other items. Partial payments for mobilization will be made each month as the work progresses. These payments will be made as follows: A. When ten percent (10%) of the project bid amount is earned, fifty percent (50%) of the amount bid for mobilization will be paid. B. When fifty percent (50%) of the project bid amount is earned, one hundred percent (100%) of the amount bid for mobilization will be paid. C. The sum of all payments shall not exceed the original amount bid for the item, regardless of the fact that Contractor may have, for any reason, shut down the work on the project or moved equipment away and then back again. Note: Payments for materials on hand will be included as a percent of original project bid amount earned until said materials have been incorporated into the work and accepted and paid for by the City. ................................................................................................................................................................................................................. Contractor shall submit a traffic control plan prepared by a Certified Traffic Control Supervisor at the preconstruction conference for approval by the City's Traffic Engineer. Where possible, crosspans may be constructed full width with proper street closures; however, the time of closure must be kept to a minimum. To expedite the curing, the minimum 28-day compressive strength shall be increased to 4500 psi (increased to seven (7) sacks per cubic yard). The additional cost for the added cement shall be paid by the Contractor. In Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS All traffic control procedures, signing, lighting and barricades shall conform to the latest edition of the Manual on Uniform Traffic Control Devices, and shall be set up and maintained by a Certified Traffic Control Supervisor. Construction traffic control shall be paid as "Traffic Control." Periodic payments for this item shall be based upon the percentage of work completed compared to the original bid amount. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association (CCA). A copy of the Traffic Control Supervisor's Certification shall be provided to the Project Manager at the project pre construction conference Contractor shall be responsible for all permanent traffic control devices (signs) within the construction area. If permanent devices conflict with construction activities, Contractor shall be responsible for placement of temporary traffic control devices and the removal/reinstallation of permanent devices. All work shall be in accordance with the Manual of Uniform Traffic Control Devices. All regulatory signs (Stop, Yield, One Way, Do Not Enter, etc.) shall be maintained in either a temporary or permanent manner. Temporary devices shall be in place prior to the removal of permanent devices. Contractor shall be held fully responsible for any claims resulting from negligence in failing to act or maintain any traffic control device. Contractor shall be responsible for maintaining the condition of any sign that is temporarily removed. Should there be any damage to devices (signs, poles, bases, and hardware) Contractor shall be financially responsible to the City for replacement of said devices. Contractor shall contact Traffic Maintenance at (719) 553-2300 for approval of the specific location in which the devices are to be reinstalled. Contractor shall obtain underground utility locates prior to reinstalling devices. The Traffic Engineer or designee will evaluate existing signage for replacement with new materials. If required, the City will provide all replacement materials to the Contractor prior to reinstallation. Where new devices are required per the construction drawings all signs, posts, bases, and hardware shall be supplied by the City. Contractor shall contact the Traffic Engineer at (719) 553-2722 to order signs providing the City at least two -week notification to obtain the necessary material. 14& 1) [11F E 1f.1 1_: CONOIETE 1_ 1: M 1]: 1_ _ DI D VANDAI O All concrete shall be protected from traffic for a period of fourteen (14) days, or as directed by the Project Manager. The Contractor shall provide necessary supervision and/or barriers to protect all concrete from traffic or vandalism. Any concrete damaged by traffic and/or vandalism will be rejected. Replacement of damaged concrete shall be paid for entirely by the Contractor. 19 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS ........................................................................................................................................................................................................ Asphalt and concrete shall be removed to the lines and grades established by the Project Manager. Any removal outside those lines and grades not approved by the Project Manager, will not be paid for by the City. Contractor shall properly dispose of all removed items from the construction site. Saw cutting to remove asphalt and concrete to a neat line shall not be paid for separately but shall be included in the cost of the asphalt and concrete removal bid item. 3 0 .................................................................................................................................................................................................................................................................................................................. Contractor shall schedule their work to minimize the inconvenience to the public. Property owners shall be notified well in advance of any work that interferes with access to private driveways. Access to driveways shall be restored no later than fifteen (15) days after the concrete is placed. Sections of curb and gutter shall not be considered for partial payment until backfill and restoration (if applicable) are completed. Under the bid item labeled "Const. Curb and Gutter", the Contractor shall construct curb and gutter to match existing type (6" Std. 9"x30" pan, Roll top, etc.). Payment for all types of curb and gutter will be the unit price in the Bid Schedule. 15)1.- TACTH..E BAND 1-'01 CU11B IWMI)S .................................................................................................................................................................................................... The base of the curb ramp area only shall include a Tactile Band. The Tactile Band shall be cast iron castings containing truncated domes. Castings shall meet the requirements of Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Accessible Public Rights -of -Way. Castings shall be cast -in -place truncated dome tactile system, Neenah R-4984, East Jordan Iron Works 7005, or approved equal at the sizes shown on the plans. Radial castings shall be East Jordan Iron Works 7006-20 (20' radius), 7006-25 (25' radius), 7006-30 (30' radius) or approved equal, placed as shown on the plans. All work associated with this item shall be paid for under the "Install Tactile Band" bid item. 3 2 This bid item shall include all costs necessary to complete the asphalt paving work in accordance with the project plans and specifications. It shall include preparation of paving area, furnishing and placing the asphalt paving material and any items incidental to the proper completion of the work. Asphalt paving material shall be Grading SX conforming to the applicable Colorado Department of Transportation (CDOT), Standard Specifications for Road and Bridge Construction, most current Edition, Section 702 and Section 703. The City will allow up to a maximum of Thirty (30) percent of Reclaimed Asphalt Pavement (RAP) in the asphalt mix design. Asphalt cement binder shall be PG 64-22. The Contractor shall submit a Job Mix Formula JMF) for the HMA asphalt to be used on this project. .................................................................................................................................................................................................................... Contractor shall submit and comply with, an Erosion and Sediment Control Plan. This plan is considered incidental to the construction and shall not be paid for separately. Contractor shall take this into consideration in preparing their bid. 20 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS To comply with current state and federal permit regulations the City must meet minimum requirements for all construction sites less than one (1) acre to provide necessary Best Management Practices (BMPs) and prevent illicit discharges from the site. The minimum requirements which the Contractor must provide and comply with are as follows: A. Provide an Erosion and Sediment Control Plan that shall include the minimum following items: 1. Stockpile BMPs protection. 2. Concrete washout BMPs. 3. Vehicle tracking control BMPs. 4. Site sediment containment BMPs. 5. Downstream secondary defense BMPs, if applicable. 6. Any additional BMPs required due to site specific conditions. B. Prior to any construction, including site grading and excavation, an approved Erosion and Sediment Control Plan shall be posted on site and all required BMPs installed. C. Contractor shall maintain and update the Erosion and Sediment Control Plan as construction dictates. The current and correct plan shall remain on -site and be readily accessible to the City Stormwater Inspector at all times. D. Contractor or the Contractor's representative shall, at a minimum, inspect the site every two (2) weeks and within twenty-four (24) hours of any precipitation or snowmelt event that causes surface erosion. (i.e., that results in stormwater running across the ground). E. Contractor shall be responsible for maintaining all required BMPs to prevent erosion and sediment from leaving the construction site. F. Failure to comply with the requirements to prevent illicit discharges from the construction site is unlawful and a municipal offense which may result in the issuance of a summons and complaint to the Pueblo Municipal Court. Persons who are convicted of violating any provision of the Pueblo Municipal Code are subject to fines of up to one thousand dollars ($1,000) and/or one (1) year imprisonment for each day the violation continues. G. Information regarding acceptable BMPs and proper installation can be found in the-D.rban ON°sine. a and If:lr..ar..a ContN�°ol District �VOIf:C,O �..L. pan Str..aN�°m Draina. e Criteria IMM1anual Mr..alurrna� S #................................................................................................................................................................................(..............................................).................................................................................................................................g.........................................................................................................................................................................., �:._(.�..F....�.I::ru.�..!..rb.N�...�raNS.:t.N::a�..�..... :tad.!'.:.mwat.�'.!:::.._(.:�eu.:�..�..!:ty... iu..ide, and City of Pueblo approved details. .................................................................................................................. It shall be the Contractor's responsibility to investigate and assess the requirements for all necessary environmental, drainage, and construction permits. The total cost of all permits or fees which may be required shall be included in the bid proposal. No additional payment shall be allowed for any permits or 21 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS fees required to complete the project. Contractor shall comply with all conditions of the permits. City and/or other agency fines are the sole responsibility of the Contractor. Following is a list of potential permits required for the project. Contractor shall be responsible for verifying this list and adding/obtaining any additional permits needed for the project. • Air Quality Permit o Permitting Agency: Pueblo County/Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor • CDPHE Stormwater Construction Permit o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor • Excavation Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor • Concrete Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor • Traffic Control Permit o Permitting Agency: City of Pueblo o Responsibility to Obtain: Contractor • Fugitive Particulate Emissions Control Plan o Permitting Agency: Colorado Department of Public Health and Environment o Responsibility to Obtain: Contractor The Contractor shall maintain a document summarizing the date and quantity of all steel and iron material delivered to the project, if any. The document shall show the pay item, quantity of material delivered to the project, along with the quantity of material installed by the cutoff date for the monthly progress payment. The summary shall also reconcile the pay item quantities to the submitted Buy America certifications. The Contractor shall also maintain documentation of the project delivered cost of all foreign steel or iron permanently incorporated into the project. Both documents shall be submitted to the Engineer within five days of the cutoff date for the monthly progress payment. A monthly 22 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS summary shall be required even if no steel or iron products are incorporated into the project during the month. The summary document does not relieve the Contractor of providing the necessary Buy America certifications of steel and or iron prior to permanent incorporation into the project. Contractor will be required to perform all construction staking and surveying. The City reserves the right to adjust the bid quantities by adding or deleting improved sections. The construction time allowed will be adjusted in direct proportion to any change in quantities. v . ADWSM 111: 11 D: 1C.W` UI 1:- STI:WO.. DI IFDI / DI I W DI E S The contractor shall prepare and hand deliver a door hanger of advisement for each business, residence or apartment unit that fronts on the street, driveway or sidewalk to be replaced. The contractor shall be responsible for all printing costs. This notification shall be delivered and attached to the front doorknob of the inner door in conjunction with the placement of "NO PARKING' signs in the block such that a minimum 24-hours of advanced warning is given to the residents. Payment for all labor and materials for this item shall be included in the Traffic Control bid item. Separate door hangers shall be used to inform the property owners of additional road closures for each occurrence. 23 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 4L ABOR 11ROVISIONS Payment and performance bonds are required to be filed prior to issuance of Notice to Proceed. The specific requirements for such bonds are set forth in Section CONTRACT SECURITY of the _IEN_IEIIIL PII (' V.JSII( NS.. ............................................................................. 4 v 2 v DDS �: D� @D IfWD D �::( H OC.. E� @�:lOC.. ` � @E lfW l":)l":)0 l: lfW� ND1! In accordance with §1.8 of the Pueblo Municipal Code (entire Code included by reference), all contractors shall meet and comply with the following provisions which shall be contained in all municipal contracts: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. The Contractor will take affirmative action in all areas of employment to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. Areas of employment shall mean and include, but shall not be limited to, the following: initial employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay, terms of compensation and selection for training, including apprenticeship. The Contractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph. Failure to subscribe to and accept the nondiscrimination and equal employment requirements of this Chapter shall render a bidder ineligible for a municipal contract award and ineligible to participate in the work for which a municipal contract award is made. (§§1.8.3 and 1.8.4 of the PMC; Ord. No. 4479, 5-22- 78) B. It is the policy of the City to provide equal opportunity in employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. It is hereby deemed and declared to be for the public welfare and in the best interests of the City to require bidders and contractors furnishing and providing work, services, supplies and materials to the City under municipal contracts not to discriminate in the hiring and promoting of employees in order to further equal employment opportunities for members of minority groups and women. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, ancestry, disability, age, or national origin. (§1.8.3 of the PMC; Ord. No. 4479, 5-22- 78; Ord. No. 8453 §2, 2-27-12) C. Contractor will meet or comply with the letter and spirit of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended) and applicable State statutes. If the municipal contract involves 24 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS construction work or the providing of supplies or materials in excess of ten thousand dollars ($10,000.00) in the building and construction trades industry, Contractor shall have adopted and file with the City a copy of the Contractor's complying Affirmative Action Program. A complying Affirmative Action Program shall be a written affirmative action program meeting all the requirements of Chapter 60 of Title 41, Code of Federal Regulations (41 CFR, Chapter 60), including all parts and subparts thereof. This requirement applies regardless of whether Federal financial assistance has been provided for this project. D. In the event of Contractor's non-compliance with the requirements of Chapter 8, Title 1 of the Pueblo Municipal Code (as amended), the Contract may be cancelled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further contracts with the City of Pueblo. E. Contractor will include the provisions of the above listed paragraphs (a) through (d) in every sub -contract entered in to by Contractor to provide and furnish work, services, supplies, or materials under a City project. A. The City of Pueblo shall have the power to review, upon not less than five (5) days notice, and during normal business hours, the employment practices of Contractor during the performance of every such City project, and of subcontractors during the performance of every sub -contract awarded thereunder, to obtain information relating to compliance or non-compliance with non- discrimination and equal employment requirements. B. When a written complaint is filed and an investigation by the City indicates that there has been a violation of this provision, or when a compliance review by the City indicates that a contractor or subcontractor has violated this provision, the City shall issue and cause to be served on said Contractor or subcontractor a Notice of Violation. Such notice shall specify the violations and shall direct the Contractor or subcontractor to respond in writing within ten (10) days to show cause why the sanctions of the provision should not be imposed. The City shall forward a copy of the Notice of Violation and the response of the Contractor or subcontractor to the City Mayor within thirty (30) days from the date of such notice. C. The City Mayor or authorized City representative shall review the Notice of Violation and response and shall determine whether any violations have occurred. If the City representative has determined that a violation has occurred, they may impose such sanctions as deemed appropriate, including, but not limited to, suspending or terminating the Contract involved or any portion or portions thereof, or causing to be removed from the list of eligible pre -qualified contractors the names of contractors or subcontractors found to be in noncompliance with the non-discrimination and equal employment opportunity requirements of the provision and the provision of any such contract or subcontract awarded thereunder until such time as the City is satisfied that such contractors or subcontractors are in compliance with said requirements. 25 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Federal requirements govern. Whenever the provisions and requirements of this Chapter, or of the bidding specifications, conflict in any way or to any degree with the nondiscrimination and equal employment opportunity requirements of the United States and any such contract under consideration is funded in whole or in part by the United States or is otherwise subject to requirements having the force of law of the United States, such requirements of the United States shall govern and control. (Ord. No. 4479, 5-22-78) v': v "II� �: ".. DI"III:: By submitting a bid Contractor agrees to abide by the provisions herein set forth and will require any and all subcontractors to comply with said provisions. Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall comply with federal labor standards regulations as follows: A. Davis -Bacon Act B. Contract Work Hours and Safety Standards Act C. Copeland Act (Anti -Kickback Act) D. Fair Labor Standards Act The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1, 3, 5, 6 and 7. v v CUITH-KAIJON IIEGAIUNG D:: BMM :: 1C WN '1 ll 0 N i ll N [:: 11 (1) ll 13 ll I.. ll TY A N D II II 1-: d its II...a 6d c 0intitac . it:1: . ..................................................................................... By signing and submitting a proposal, Contractor is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective 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 City or department's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may terminate this transaction for cause or default. 26 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS The contractor shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The contractor agrees by signing and submitting a proposal that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department entering into this transaction. The contractor further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A contractor in a covered transaction may rely upon a certification of a subcontractor (prospective participant) in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A contractor may decide the method and frequency by which it determines the eligibility of its principals. Each contractor may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. 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 the contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department may terminate this transaction for cause or default. The Contractor hereby certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a 3-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 27 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 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 statement, or receiving stolen property. C. 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 this certification; and D. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. v v U:UH: D 1f.. D IIEGAIUNG DEBAIWENT 1:: . ll N 1:: OC.. ll 3 ll ll C.. D TY A N 1) .................................................................................................................................................................................................................................................................................."I' l I ....................................... �...............219............................ .............................. ................,,..,..,,..,,.................. By signing and submitting a proposal, the prospective lower tier participant is providing the certification set out below: The certification in this clause is a material representation of fact upon which reliance was placed when the City or department determined to enter into this transaction. If it is later determined that the participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City or the department may pursue available remedies, including suspension and/or debarment. The participant shall provide immediate written notice to the City or department to which this proposal is submitted if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the City or department to which this proposal is submitted for assistance in obtaining a copy of those regulations. The participant agrees by signing and submitting a 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City or department with which this transaction originated. The participant further agrees by signing and submitting a proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the City or department entering into this covered transaction, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 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 the participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the City or department with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Participant certifies by signing and submitting a proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts: All mechanics and laborers 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits or cash equivalents thereof due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor, hereinafter called "the wage determination", which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid. 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 29 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 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. 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 federal awarding agency shall require that any class of laborers or mechanics employed under the contract which is not listed in the wage determination shall be classified in conformance with the wage decision. An additional classification, wage rate and fringe benefits may be approved only when the following criteria have been met: A. The work to be performed by the additional classification is not performed by any other classification in the wage determination; B. The additional classification is utilized in the area by the construction industry; C. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Contractor is responsible for requesting additional wage classifications and wage rate and fringe benefits not contained in the wage decision. Temporary approvals by the federal awarding agency may be issued pending review of the request by the Department of Labor. Any work performed during the Department of Labor Wage and Hour Administrator ("Department of Labor") review period will be paid at the base wage and fringe benefit amount conditionally approved by the awarding agency until a conformance rate is assigned by the Department of Labor. If the request is denied by the Department of Labor, contractor will immediately begin to pay the required wages and make wage restitutions to the affected employees. Contractor shall bear the risk that the request for additional classifications will be denied. Contractor shall be solely responsible for appealing any wage determinations to the Department of Labor. The City will not grant any changes to the Contract Agreement based upon mistakes or denied requests relating to prevailing wages. 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/she may consider as a 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. 30 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in the wage determination for the classification of work actually performed. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3 and 5 are herein incorporated by reference in this contract. v11 DIIWl....IIll ....II 1 ��DI �� II � E IW: 1 � I' DID WAGES ...................................................................................................................................................................................................................................................................................... The City shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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 contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics 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 employed or working on the site of the work, all or part of the wages required by the contract, the City 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. In the event of any violation of the requirements set forth in this document, the contractor and any subcontractor responsible for the violation shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. 4.15. 'STATEMENTS AND 11AY11011S Applicable to all Federally -assisted construction contracts exceeding $2,000 and to all related subcontracts. The contractor shall comply with the Copeland Regulations of the Secretary of Labor. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, watchmen, helpers and guards working at the site of the work. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and 31 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS actual wages paid. Whenever the Secretary of Labor has found 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 and subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices under approved programs shall maintain written evidence of the registration of apprentices and ratios and wage rates prescribed in the applicable programs. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the awarding agency or an agent thereof, a certified payroll report of wages paid each of its employees. The payroll submitted shall set out accurately and completely all of the information required to be maintained. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic 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 the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 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". 32 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 5GENERAL, j' )S) ( u �t The provisions of this Section are of a general nature and are intended to apply to contract work of all types. Whenever any of these provisions do not apply to a specific contract, the exceptions are noted in SPECIIAL PII O.YYIISII( NS.. .................................................................................................................................. The following terms, as used in these Contract Documents, are respectively defined as follows: A. City: City of Pueblo, Colorado B. Closing Time: The scheduled closing time for the receipt of bids and the opening thereof. C. Contractor: The person, persons, firm, or corporation to whom the within Contract is awarded by the City and who is subject to the terms of said Contract. Also, the agents, employees, workers, or assignees of said Contractor. D. Engineer: Unless otherwise stated in the Special Provisions, Engineer shall mean the Director of Public Works of Pueblo, Colorado, or their authorized agents. E. Work: All work contemplated by the Contract Documents and Specifications including materials, labor, supervision, and use of tools necessary to complete the project in full compliance with the terms of the Contract. F. Notice: Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the City) when written notice shall be delivered to the Engineer or shall have been placed in the United States Mail addressed to the Purchasing Department at the place where the bids, or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the chief representative of the Contractor at the site of the project to be constructed under the Contract or when such written notice shall have been placed in the United States mail addressed to the Contractor at the place stated in the papers prepared by them to accompany their proposal as the address of their permanent place of business; (as to the Surety) on the performance and payment bonds when a written notice is placed in the United States mails addressed to the Surety at either the home office of such Surety or when such notice is placed in the United States mails addressed to the Commissioner of Insurance of the State of Colorado. G. Project: The entire improvement proposed by the City to be constructed in whole or in part pursuant to the Contract Documents. H. Subcontractor: A person, firm, or corporation, other than the Contractor, supplying labor and materials, or labor only, on work at the site of the project, having a direct contract with the Contractor and including one who furnishes material worked to a special design according to the plans and specifications of this work, but not including one who merely furnishes material not so worked. 33 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Surety: The person, firm, or corporation that has executed, as surety, the Contractor's Performance and Payment Bonds. A. Bidders shall inform themselves of the conditions under which the work is to be performed, concerning the site of the work, the structure of the ground, obstacles which may be encountered, availability of labor and all other relevant matters concerning the work to be performed. Where soil reports or test boring logs indicating underground conditions are provided or shown on the plans, such information shall be considered only as indicative of conditions as observed at the time and place indicated, and the City in no way warrants the accuracy or reliability of said reports or boring logs and is not responsible for any deduction, interpretation or conclusion drawn therefrom by the Contractor. Contractor acknowledges that the City shall not be held responsible for any variance in conditions or unforeseen conditions encountered at the time of actual construction. It shall be the responsibility of the Contractor to satisfy themself by such methods as they deem necessary prior to the letting as to underground conditions, structures, and obstacles to be encountered. B. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any matter or thing concerning which they might fully have informed themself, prior to the bidding. Misunderstanding as to the amount of work, availability of materials or labor shall be no cause for failure to enter into the Contract or to perform the same. C. The successful Contractor will be required to employ, so far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with any other Contractor. A. The bidder is expected to base their bid on materials and equipment complying fully with the plans and specifications, and in the event they name in their bid, materials or equipment which do not conform, they will be responsible for furnishing materials and equipment which fully conform at no change in their bid price. B. Before submitting a bid, each Contractor should read the complete specifications and plans, including all related documents contained herein, all of which contain provisions applicable not only to the successful bidder, but also to their subcontractors. A. Bidder acknowledges that as of the solicitation submittal date, neither the Contractor, nor its subcontractor(s), is (a) debarred, suspended, or subject to any proceeding for debarment or suspension with a final determination still pending; declared ineligible or voluntarily excluded (as such terms are defined in any of the Debarment Regulations) from participating in procurement or non -procurement transactions with any Federal, State, or City government 34 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS department or agency pursuant to any of the Debarment Regulations, or (b) indicted, convicted or had a Judgment rendered against the Contractor, or its subcontractor(s) for any of the offenses listed in any of the Federal, State, or City's Debarment Regulations and no event has occurred and no condition exists that is likely to result in the debarment or suspension of the Contractor, or its subcontractor(s), from contracting with the City of Pueblo, Federal or State government, or any agency or instrumentality thereof. 5.1). BOMNG AND IIIAC C.W EXECU II v SIFAIC.WEMENT I-: BODEV I)IAN C.. A. Each bidder shall be prepared to submit the following data within seven (7) days upon demand of the Purchasing Agent. 1. A statement that the bidder maintains a permanent place of business and address thereof, 2. A statement of the equipment which the bidder proposes to use on the project, together with a statement identifying that equipment previously mentioned which the bidder owns and that which bidder does not own, but is certain they will be able to rent or otherwise procure for use on the project; 3. A financial statement, duly sworn to and in form approved by the City, listing assets and liabilities; 4. Statement listing projects of similar nature which the bidder has constructed or in the construction of which the bidder was actively engaged in a responsible capacity; 5. A statement that the bidder: (i) is not presently debarred or suspended by the Colorado State purchasing director or the head of any Colorado purchasing agency, (ii) is not listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded From Federal Procurement or Nonprocurement Programs maintained by the General Services Administration, and (iii) neither bidder nor any person or firm who has an interest in bidder's firm is a person or firm ineligible to be awarded a federal government contract by virtue of any provision of federal law. In the event bidder cannot truthfully make the required statement, bidder shall furnish a detailed statement indicating the reasons therefore. B. By submitting a bid, bidder authorizes the City to obtain information concerning bidder's performance on other projects it has performed during the prior five (5) years, including those listed by bidder and those not listed which City may become aware of. The bidder also waives and releases all claims against owners, architects, and engineers, and their agents and representatives, relating to or arising from the furnishing of such information to the City concerning bidder's performance on prior projects. In order to effectuate the intent of this clause, bidder may be required by City to execute information release authorization forms. 35 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS C. Any bidder may be required by the City to submit additional data to satisfy the City that such bidder is prepared to fulfill the Contract if it is awarded to them. D. The failure of bidder to furnish any information which is or may be required to be furnished under this section shall be grounds for determining bidder not responsible. 5.6. MDMNG AND CON IIIAC f.. EXEC11ONI DDI.1II S IN A MDDEIV 1)1 1) SI A bidder shall not stipulate in their proposal any conditions not contained in the Contract Documents. 5v.vD��D 1CW�1f..::::1CWDv1CWD1f..D::C .................................. ...........................3. Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the proposal and shall not after submission of their proposal, dispute or complain of such estimate, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done. Where data sheets concerning equipment to be furnished are included in the Specification Documents as a part of the proposal, the bidder shall furnish the required information by filling in the data sheets complete in every detail. In the event that such data sheets are insufficient, or do not readily lend themselves to the correct description of the equipment, the bidder shall file with the bid additional statements setting out the necessary information. Failure to furnish such information as is required on the data sheets will be considered as grounds for rejecting the bid. A. All bids are to be made only on forms furnished by the City. No bid will be accepted which does not contain an adequate or reasonable price for each and every item named in the bidding schedule on the Contract bid form. B. The City reserves the right to waive any or all informalities in bids. C. The City reserves the right to reject any or all bids, or any or all parts of bids D. A Colorado resident bidder shall be allowed a preference against a nonresident bidder to the extent authorized by, and subject to the limitations of, Articles 18 and 19 of Title 8, Colorado Revised Statutes; provided however, that this paragraph shall be suspended to the extent any such preference is inconsistent with a requirement of federal law or the terms and conditions of any grant or cooperative agreement to which the City is a party which relates to the Project. .................................................................................................................... A. No bid will be received unless accompanied by a certified check, cashier's check, money order, bid bond or other suitable collateral, in the amount of not less than five percent (5%) of the 36 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS amount of the Total Base Bid plus all Bid Alternates, payable to the City as a guarantee that if the bid is accepted, the bidder will execute and file the proposed Contract and bonds within ten (10) business days from the date of the award of the Contract. On failure of the successful bidder to execute the Contract and furnish bonds, they shall forfeit the deposit as agreed as liquidated damages, and the acceptance of the bid will be contingent upon the fulfillment of this requirement by the bidder. B. The bid security of the three lowest formal bidders for each contract may be held until the Contract is executed and approved and then returned to the bidders. The balance of bid securities submitted will be returned within seven (7) days after the opening of bids. 5AL MDS, S DIG NRG 1-, MDS A. Bids which are not signed by individuals making them should have attached thereto a power of attorney evidencing authority to sign the bid in the name of the person for whom it is signed. B. Bids which are signed for a co partnership should be signed by all of the co-partners or by an attorney in fact. If signed by an attorney in fact, there should be attached to the bid a power of attorney evidencing authority to sign the bid. C. Bids which are signed for a corporation should have the correct corporate name thereof and should be signed by the president or vice president. D. If bids are signed for any other legal entity, the authorization of the person signing for such legal entity should be attached to the bid. ................................................................................ Modification of bids already submitted will be permitted, provided such modification be in writing and transmitted to the Purchasing Agent of the City prior to closing time. Such modification shall not reveal the total amount of the original or revised bid. Any bidder may withdraw their bid any time prior to the closing time, but no bid shall be withdrawn for a period of one hundred twenty (120) days after closing time. Negligence or mistake on the part of the bidder shall not constitute a right to withdraw after closing time. Any bid received after closing time will be rejected. If more than one bid be offered by one party, all such bids shall be returned unopened. If duplicate bids are not discovered until after opening, such duplication shall be cause for immediate rejection of such bids. A party who has quoted prices to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a direct bid on their own behalf. 37 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS �: v 3I., c C OC..1C W :: � 1C W :: ......................................................................................1................. A. If the bid form includes alternates, each bidder shall bid on each alternate unless otherwise directed in the Special Conditions or other Contract Documents. B. Each bidder must submit such special data, if any, in respect to such alternate which any section of the Contract Documents requires to be submitted with each bid. � v I.. v D� C 1)1)OC..�::MENIW I � 11CW 1)llll E A. On a lump sum contract, or partial lump sum contract, the City reserves the right to reject any or all supplemental unit prices which it deems to be excessive or unreasonable. B. In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated are not intended to govern. The quantities stated, on which unit prices are to be invited are approximate only, and each bidder will be required to make their own estimates of amounts, and to calculate their unit price bid accordingly. Bids will be compared on the basis of the stated number of units in the proposal form. Such estimated quantities, while made from the best information available, are approximate only. Payment on the Contract will be based on actual number of units installed on the completed work. In the event of an error in the extension of prices, the unit price bid shall govern. A. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid within one hundred twenty (120) days from the date of opening of said bids. Award shall be at the sole discretion of the City. B. Subject to execution of the Contract by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated is equal to or in excess of the contract price; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Contractor shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. The Contract shall be deemed to have been awarded when formal Notice of Award shall have been duly served upon the intended awardee (i.e., the bidder to whom the City contemplates awarding the Contract) by the Purchasing Agent of the City. A. The successful bidder shall enter into a written contract agreement with the City on the form attached hereto. The bidder must comply with all State and Federal Laws as to provision of Workers' Compensation. Such contract agreement shall be subject to the Charter of Pueblo, the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Code of Ordinances, City of Pueblo, and the Ordinance, if any, creating any Special Improvement District formed to carry out this project. B. Each contract shall be executed in one (1) original counterpart, unless instructed otherwise in Notice of Award, and there shall be executed original counterparts of the Contractor's Performance Bond and Payment Bond in equal number to the executed original counterparts of the Contract. Not less than two (2) copies of such executed documents will be retained by the City and one (1) copy will be delivered to the Contractor. The successful contractor must provide workers' compensation insurance and public liability and property damage insurance as outlined in the General Provisions of the Contract. The costs of executing the bonds and contract and insurance, including all notarial fees and expense, are to be paid by the Contractor to whom the Contract is awarded. The Contractor shall furnish a good and sufficient Performance Bond and Payment Bond on the forms attached hereto each in an amount not less than the full amount of the contract price, as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing material in connection with the work. Said bonds shall be executed by a corporate surety duly authorized to issue bonds in the State of Colorado. Said bonds shall also be complete surety for all guarantees of materials and workmanship required by any provision of the Contract Documents or the specifications. If at any time during the continuance of the Contract a Surety on either of the Contractor's bonds becomes irresponsible or insolvent the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish within ten (10) days after written notice to do so. ................................................................................................................................................................................................................... No verbal agreements or conversations with any agent or employee of the City, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. .............................................................................................................................................................................................................................................. A. Promptly following the execution of the Contract Documents for all lump sum contracts, the Contractor shall prepare and transmit to the Engineer two copies of an itemized breakdown showing the unit quantities of each major construction item and the corresponding unit prices. Such unit prices shall contain all costs including profit, of each item complete in place. The total cost of all the items shall equal the contract price for the project. This breakdown when approved by the Engineer, will be used primarily in determining payment due the Contractor on periodical estimates. If, in the opinion of the Engineer, any unit price submitted by the Contractor is unbalanced, a detailed breakdown of the items contained in the unit will be required. 39 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS B. For contracts bid on a unit price basis, unit bid prices for substantially completed work will be used in determining payment due the Contractor on periodical estimates. Partially completed units may be paid for in periodical estimates. A. The Contractor shall as soon as possible after the execution of the Contract, notify the City in writing of the names of the subcontractors proposed on the Contract, and shall not employ any subcontractor that the City objects to as incompetent, unfit or otherwise disqualified. Additionally, Contractor shall not employ in the work any subcontractor, nor obtain materials from any supplier, who is (1) debarred or suspended by the Colorado state purchasing director or head of any Colorado purchasing agency or (2) listed on any federal government list of debarments, suspensions or voluntary exclusions, including but not limited to, the List of Parties Excluded from Federal Procurement or Nonprocurement Programs maintained by the General Services Administration. B. The Contractor agrees to be fully responsible to the City for the acts or omissions of their subcontractors and of anyone employed directly or indirectly by the Contractor or subcontractors and this contract obligation shall be in addition to the liability imposed by law upon the contractor. C. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the City. D. The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) y SPp�C AL PIR(':" "IISII( NS, of the Contract Plans and the terms o the Genera Provisions an the ..................................................................................................................... , Specifications as far as applicable to their work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. No assignment by the Contractor of any principal construction contract or any part thereof or of the funds to be received thereunder by the Contractor, will be recognized unless such assignment has had the written approval of the City and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the City shall not relieve the Contractor of the obligations incurred by them under the terms of this Contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporations." S � .1CW�: .1CW v .1CW�....IIE�: .1CW�: .1CW, The City may award other contracts for additional work, at the site of the project (or other locations) and the Contractor shall fully cooperate with such other contractors and carefully fit their own work to MM Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS that provided under other contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor. : v2 6 The Contractor and their sureties shall indemnify, defend and save harmless the City of Pueblo and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damage received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor, their agents or employees, in performance of said Contract; or on account of the failure of the Contractor to provide necessary barricades, warning lights or signs; and shall forthwith pay any judgment, with costs, which may be obtained against the City, its officers, agents or employees, growing out of such injury or damage. The Contractor shall not commence work under this Contract until Contractor has obtained at their own expense and without cost to the City all insurance required under this paragraph and such insurance has been approved by the City Attorney, nor shall the Contractor allow any subcontractor to commence work on their subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain such insurance until the final acceptance by the City of all construction covered by the Contract. A. Commercial General Liability Insurance: The Contractor shall secure and maintain during the period of this Contract and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Contractor with respect to all work performed by them and all their subcontractors under the Contract, to be written on a Commercial General Liability policy form CG 00 01. This insurance shall be written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall be endorsed naming the City of Pueblo, its agents, officers, and employees as additional insureds. To the extent that Contractor's work, or work under their direction, may require blasting, explosive conditions, or underground operations, the commercial general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage to underground property. The policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the Contract, and "Completed Operations and Projects Liability" coverage. B. Comprehensive Automobile Liability Insurance: The Contractor shall procure and maintain during the period of the Contract and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from the use both on and off the site of the project of 41 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS automobiles, trucks, tractors, backhoes, and similar equipment whether owned, leased, hired, or used by Contractor. C. Workers' Compensation Insurance: The Contractor shall procure and maintain during the period of this Contract and for such additional time as work on this project is being performed, Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain such coverage. Such insurance shall cover all employees of Contractor performing work on the project irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or exempt employees under the Act. If any class of employees engaged in hazardous work under this Contract at the site of the project is not protected by the Workers' Compensation Statute, the Contractor shall provide, and similarly shall cause each subcontractor to provide, special insurance for the protection of such employees not otherwise protected. Workers' Compensation policy shall contain an endorsement waiving subrogation against the City. D. Inland Marine/Installation Floater Insurance: All tools and equipment that the Contractor has at the job site or is owned by the Contractor and/or subcontractors are the responsibility of the Contractor, respectively. When specified in 5PEC.HAIL„IPII (� II II0N Contractor shall obtain an installation floater to cover that portion of the work to be constructed, installed, altered or repaired by contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery and equipment used in or incidental to the construction project as well as property kept off -site or while in transit. Coverage must also include property of others in the contractor's care, custody or control including but not limited to materials paid for by City pursuant to General Provisions Section 5.63 of this contract. The City shall be named as loss payee on the policy with coverage extending through the final completion date for all materials or supplies purchased for the project. The City of Pueblo assumes no responsibility for protection, maintenance, or repair of any tools or equipment used on this project. SPECIIAL PROVISIONS the Contractor shall secure E. Builder's Risk Insurance: When specified in ............................ and maintain during the period of this Contract, Builder's Risk "All Risk" Completed Value Insurance coverage (including vandalism) upon 100% of the cost of the entire project which is the subject of this Contract and including completed work, work in progress, and materials delivered to the site for incorporation therein. Such insurance shall include as additional named insureds, the City, its officers, agents and employees, and any other person with an insurable interest designated by the City as an Additional Named Insured. Such insurance may have a $2,500 maximum deductible clause, which deductible amount shall be the responsibility of the Contractor. In the event the project site is located within the floodway or floodplain, or located within 500 feet of any lake, stream, river or other natural watercourse, the policy shall contain a flood endorsement. 42 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS F. Any Subcontractor Performing Work for the Contractor: Any subcontractor performing work for the Contractor under the Contract shall provide certificates of insurance protection to the Contractor and to the City of Pueblo, Colorado, of the same type and in the same amounts as required by the Contractor. G. The Insurance Coverage: The insurance coverage enumerated in the above subparagraphs constitutes the minimum requirements and said enumeration shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at their own cost and expense, any additional kinds and amounts of insurance that, in their own judgement, may be necessary for their proper protection in the prosecution of the work. H. Certificates of Insurance: Certificates of Insurance for Workers' Compensation Insurance, Commercial General Liability Insurance, and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of the Contract. Certificates for Inland Marine/Installation Floater Insurance and Builder's Risk Insurance shall also be filed with the City when such insurance is required for the project. Said insurance shall not thereafter be canceled, permitted to expire, or be changed without 30 days advance written notice to the City. 5.28. GUNIAN C.WI:J: S IWC.WI:: 1C.WS 1)11 1NVI FS. GUNIAN C.WEE A. All work shall be constructed in compliance with applicable building and construction codes and must be guaranteed for a period of two (2) years from the date of final acceptance, or for such other period as may be required in the S.PSG„11 _L P I.R 0V.JSI0N S.. B. In placing orders for equipment, the Contractor shall purchase same only under a written guarantee from the respective manufacturer that the equipment supplied will function satisfactorily as an integral part of the completed project in accordance with the plans and specifications. Furthermore, the Contractor shall require that the manufacturer agree in writing at the time the order for equipment is placed, that they will be responsible for the proper functioning of the equipment in cooperation with the Contractor, and that whenever necessary during the installation period or tuning up period following construction period the manufacturer will supply, without additional cost to the City, such superintendence and mechanical labor and any additional parts and labor needed to make the equipment function satisfactorily, even if same was not shown on approved shop drawings. C. The provisions of this section concerning guarantee by Contractor shall be construed in a manner consistent with the requirements and limitations of 23 CFR § 635.413. 43 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS :).29. � QMIAN C.WI:J�:� �:� .1FIWI T �:::� � @D1CW v �:::� l D1CW( � /::` D MI)l..l �:: .........................................................:"..................................................................................:................................................................................................................................................................................................................................................................................. A. Except as may otherwise be indicated in the Contract Documents, the Contractor shall procure at their own expense all permits, licenses, and bonds necessary for the prosecution of their work, and/or required by Municipal, State, and Federal regulations and laws, including, but not limited to, permits for transportation of materials and equipment, blasting, environmental permits, and any other permit required for the project or Contractor's operations, regardless of whether the necessity for such permit is disclosed in the plans and specifications. B. The City will furnish all site surveys, easements, and rights of way necessary for construction of any permanent works required in the specifications, where such work is to be done on property other than the City's. C. The Contractor shall give all notices, pay all fees and taxes, including City Sales and Use Taxes, and comply with all Federal, State and Municipal laws, ordinances, rules, and regulations and building and construction codes bearing on the conduct of the work. This Contract as to all matters not particularly referred to and defined herein shall notwithstanding be subject to the provisions of all pertinent ordinances of the Municipality within whose limits the work is constructed, which ordinances are hereby made part hereof with the same force and effect as if specifically set out herein. D. This Contract is specifically subject to the provisions of the Charter of Pueblo, all applicable portions of the 1971 Code of Ordinances of Pueblo, Colorado, and of the ordinance, resolution or order of the City Council authorizing this improvement. The aggregate payment on this Contract may not exceed the estimates of the Engineer nor the amount budgeted for the project. If the cost of the improvement to be constructed under this Contract is to be assessed upon the owners of land benefited by such improvements, upon complaint of any such landowner that the improvement in not being constructed in accordance with the Contract, the Council may consider the complaint and make such order in the premises as shall be just, and such order shall be final and conclusive. 5.30. GUMIAN C.WI:J�: � �:� .1FIWI 1C.WS 1)11: �: � @DI.FS. �",AEI-� NSE 1-- OC.. HM is S � DI.1F B ...............................................",=",........"Ill...............................=........................................=.................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................ The Contractor shall pay for all royalties and patents for any patented product used by them or incorporated in the work, and shall defend all claims or suits for infringement of any patent right brought against themself thereof; except such claims or suits arising by reason of patent infringements or unauthorized use of patented processes where such is the direct result of specification requirements (as distinguished from patented articles, apparatus, or equipment). 5.31. GUM: TI::J: S I .FI:: TS 1)1::1: KVFSv I l E S E Oil 110YAl TY I:TES If the project is designed so as to require or permit the use of a process or processes (as distinguished from articles, apparatus, or equipment) for which license or royalty fees will be charged, such fees for M Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS the use of such processes will be paid by the Contractor to the Patentee, Licensee or owner of such process, and bidder shall include shall fees in their bid. ........................................................................................................................................................................ A. All work shall be executed in strict conformity with the plans and specifications, and the Contractor shall do no work without proper drawings and instructions. B. The City will furnish to the Contractor one (1) complete set of Contract Documents, including drawings. Additional copies of same or any part thereof shall be furnished at the expense of the Contractor. C. Figured dimensions on the plans shall be taken as correct but shall be checked by the Contractor before starting construction. Any errors, omissions, or discrepancies shall be brought to the attention of the Engineer and their decision thereon shall be final. All notes on the plans shall be followed. Corrections of errors, or omissions on the drawings or specifications may be made by the Engineer when such correction is necessary for the proper execution of the work. 531 1)[ AN D S I)ECH-'D IJONS DI .1C.WENT I-: IIIAC C.W DOCU E1C.WS ..................................................................................................................................................................................................................................................................................................................................................................................................... A. The sections of the Contract Documents and the contract plans are complementary, and what is called for by anyone shall be binding as if called for by all. The intention of the Contract Documents is to include in the contract price the cost of all labor and materials, water, fuel, tools, plant, equipment, light, transportation, and all other expense as may be necessary for the proper execution of the work. B. Any work shown on the plans and not covered in the specifications or included in the specifications and not shown on the plans shall be executed by the Contractor as though shown both on the plans and included in the specifications. If the plans and specifications should be contradictory in any part, the specifications shall govern. C. If the Contractor, in the course of the work, finds any discrepancy between the plans and the physical layout, or any errors or omissions in plans or layout, the Contractor shall immediately so inform the Engineer, and the Engineer shall promptly verify them. Any work done after such discovery without written consent of the Engineer authorizing same shall be done at the Contractor's risk. D. Any minor items not specifically called for in the plans and specifications, but which are necessary to complete the work ready for use in accordance with the requirements of good practice, as determined by the Engineer, shall be included as a part of the Contractor's bid price and furnished at no additional cost to the City. E. In interpreting the Contract Documents, words describing materials or work which have a well known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be constructed in accordance with such well known meaning recognized by architects, engineers, and the trade. 45 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 534v I)l ANS AND S I)E DI -'D IWDI S v DI .FU: I)I: ET IWDI 1-- CON IIIACIFDOCUMENIFS If any person contemplating submitting a bid for this Contract is in doubt as to the true meaning of any part of the plans, specifications, or other contract documents, they may submit to the Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only prior to closing time and by written addendum duly issued or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanations or interpretations of the documents. Wherever the terms "standard", "recognized" or "reputable" manufacturer are used, they shall be construed as meaning manufacturers who have been engaged in the business of fabricating materials, equipment, or supplies of the nature called for by the specifications for a reasonable period of time prior to the date set for opening of bids, and who can demonstrate to the satisfaction of the City that said manufacturer has successfully installed equipment, materials, or supplies of the type proposed to be furnished in at least three instances and that the performance of such materials, equipment, or supplies for a period of over twelve months prior to the date fixed for opening bids shall, prima facie, be deemed to have been engaged in such business for a reasonable length of time. .......................................................................................................................................................................................................................... Whenever in any section of the Contract Documents, plans or specifications, any article, material, or equipment is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term "or equal" if not inserted, shall be implied. The specific article, material, or equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturers products of comparable equality, design, and efficiency. 53T 1)[ AN D S I)ECH-DI I]ONS MAlf.WU: DI OC..S AND W01WMANSlI....IHl) A. The Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, heat, transportation, and other facilities necessary for the execution and completion of the Contract. Unless otherwise stipulated in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this Contract are to be new and of the best grade of their respective kinds for their purpose. The Contractor shall furnish to the Engineer, for their approval, the name of the manufacturer of machinery, mechanical and other equipment, which the Contractor contemplates installing, together with their performance capacities and other pertinent information. B. If not otherwise provided, material or work called for in this Contract shall be furnished and performed in accordance with well known established practice and standards recognized by architects, engineers, and the trade in so far as possible. C. When required by the specifications, or when called for by the Engineer, the Contractor shall furnish for approval full information concerning the materials or articles which the Contractor contemplates incorporating in the work. Samples of materials shall be submitted for approval M Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS when so directed. Machinery, equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection. All materials and workmanship shall be guaranteed by the Contractor and Surety for a period of two (2) years from date of final acceptance, or for such period as may be required in the.S PL C..II..A L P I.R 0 S,II(' NS... D. No material of any kind shall be installed in the project until it has been inspected and approved by the Engineer. All material rejected shall be immediately removed from the site of the work and not again offered for inspection. Any materials or workmanship found at any time to be defective shall be remedied at once regardless of previous inspections. E. At any time during the course of construction of this project when in opinion of the Engineer, provisions of the plans, specifications, or contract provisions are being violated by the Contractor or their employees, the Engineer shall have the right and authority to order all construction to cease or material to be removed, until arrangements satisfactory to the Engineer are made by the Contractor for resumption of the work in compliance with the provisions of the Contract. A. The Contractor, as soon as possible after approval of the source and the purchase of items of materials and equipment, shall submit to the Engineer all shop or setting drawings and schedules required for the work, including those pertaining to structural and reinforcing steel. The Contractor shall make any corrections in the drawings required by the Engineer, and resubmit same without delay. B. Three final copies of all shop or setting drawings shall be submitted to the Engineer, who after checking will retain two copies and return one copy to the Contractor. The Engineer's approval of shop drawings of equipment and material shall extend only to determining the conformity of such equipment and materials with the general features of the design drawings prepared by the Engineer. Shop drawings are not part of the Contract Documents and do not modify the Contract Specifications. It shall be the responsibility of the Contractor to determine the correctness of all dimensions and minor details of such equipment and materials so that when incorporated in the work correct operations will result. =............................................................................................................................................................................................................................................................................................................................................ A. The Engineer shall decide all questions which may arise as to the fulfillment of the Contract on the part of the Contractor and their decision thereon shall be final and conclusive. The Engineer shall have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. B. If, in the opinion of the Engineer, the work being done by the Contractor is in violation in any way with the terms of the Contract, the Engineer shall forthwith notify the Contractor to cease said violation. m Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS C. The Engineer shall, upon presentation to them, make prompt decisions in writing on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. All such decisions of the Engineer shall be final and conclusive. D. The Contractor shall submit schedules which shall show the order in which the Contractor proposes to carry on the work, but the right to stipulate the order in which the Contract shall be carried out is reserved to the Engineer. E. In the event either City or Contractor remains dissatisfied with the final decision of the Engineer hereunder, the City or Contractor may seek judicial review thereof pursuant to Rule 106, C.R.C.P. In no event shall the Contractor slow or stop the work while a determination is pending under this section 3.51, and the City will continue to make payment in accordance with the Contract Documents except as to any amount in dispute. 5.40. E GI::J�1: DI S I I I:: IJON AND T E SI W DI & T E SI W DI G l—, MAT U: DI OC.. S A. Attention of the Contractor is directed to the materials tests required on this Contract. All laboratory tests shall be approved by an approved testing laboratory. The specific test requirements are set forth in the sections of these specifications which describe the materials or apparatus to be tested. The Contractor shall furnish the Quality Control materials to be tested and shall pay transportation charges and costs of testing on any samples required to be submitted to the laboratory. B. Where certified test reports are required to be furnished by the manufacturer, the Contractor shall furnish duplicate copies of the reports before the material will be approved for use. 5.41. E GI::J�1: DI S II I:: I W DI D T E � I W DI �:u v � T DID DI a 1: DID ....................................................................................................................................................................................................................................................................... A. The Engineer will set control stakes for general layout and all necessary grade stakes for construction work. The protection and care of such stakes shall be the responsibility of the Contractor. The Contractor may, at the discretion of the Engineer, be required to pay the cost of replacing stakes which are lost or destroyed. The detail layout of structures and staking of individual items shall be done by the Contractor subject to verification by the Engineer as to compliance with the contract plans and specifications. In any case, the Contractor shall be responsible for the correctness and accuracy of the detail layout of finished structures. B. Any personnel engaged in the surveying work on the project by the Contractor or their subcontractors, who is judged by the Engineer to be incompetent shall be removed from the work and replaced by competent personnel. 5.42. E GI::J�1: 1 DI S II I:: I W DI D T E � I W DI �� v —' DI OC.. � �: E T � 111 �::1C..�:: 1: DID ON ................................................................................................................................................................................................................................................................................................................................................................................... ............................... In case the Contractor shall fail to fully perform and complete the work in conformity with the provisions and conditions of the Contract within the specified time limit set forth in the Bid Form or within such M Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS further time as, in accordance with the provisions of this agreement shall be fixed or allowed for such performance and completion, the Contractor shall and will pay to the City of Pueblo for each and every day of the additional time in excess of the contract time and any granted extensions thereof, the sum given in the following schedule which said sum per calendar day is agreed upon, fixed and determined by the parties hereto. The amounts shown are considered to be liquidated damages to reimburse the City for the additional costs caused by delayed completion and in no case constitute a penalty. The amounts set forth below may be reduced or supplemented for project specific considerations as provided for in S P E C.JIA L P I.R 0 VIL:S.II0NS.. LIQUIDATED DAMAGES IGINAL CONTRACT AMOUNT Less than $49,999 $50,000 to $99,999 $100,000 to 249,999 $250,000 to $499,999 $500,000 to $999,999 $1,000,000 and above OR AMOUNT OF LIQUIDATED DAMAGES PER DAY $ 200.00 $250.00 $300.00 $400.00 $500.00 $1,000.00 plus any additional amount specified in Special Provisions A. The Engineer and their authorized representatives shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper and safe facilities for such access and for inspection. B. The Engineer shall have the right to reject materials and workmanship which are defective, or require their correction. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the City. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time fixed by written notice, the City may remove them and charge the expense to the Contractor. C. Should it be considered necessary or advisable by the Engineer at any time before final acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor, and materials. If such work is found to be defective in any material respect due to fault of the Contractor or their subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, plus fifteen (15) percent, will be allowed the Contractor. 11 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS D. All materials to be incorporated in the work, all labor performed, all tools, appliances, and methods used shall be subject to the inspection and approval or rejection of the Engineer. E. If the Engineer shall point out to the Contractor, their foreman or agent any neglect or disregard of the contract provisions, such neglect or disregard shall be remedied and further defective work shall be at once discontinued. F. The Contractor shall execute the work only in the presence of the Engineer or authorized inspectors, unless provision has been made for the work to proceed without complete engineering supervision or inspection. The presence of the Engineer or Inspector shall in no way relieve the Contractor of the responsibility of this Contract, or be any warrant for the furnishing of bad material or poor workmanship. G. The inspection and supervision of the work by the Engineer is intended to aid the Contractor in applying labor, materials, and workmanship in compliance with the contract provisions. Such inspection and supervision, however, shall not operate to release the Contractor from any of their contract obligations. ....................................................................................................................................................................................................................................................................................................................................................................... A. The Contractor shall give their personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Engineer and having authority to act for the Contractor. All directions given to them shall be as binding as if delivered to the Contractor. Such directions shall be confirmed upon written request to the Engineer by the Contractor or their superintendent. B. In so far as it is practicable and except in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been designated to represent the Contractor shall so act and shall follow without delay instructions of the Engineer in the prosecution of the work in conformity with the Contract. : A'- v CON 1CW�: 1CW �: "S �: D(D NG D]I WDI S v I ABO� �: A. The Contractor shall employ none but competent and skilled workers and foremen in the conduct of work on this Contract. The Contractor shall at all times enforce strict discipline and good order among their employees. The Engineer shall have the authority to order removal from the work of any Contractor's employee who refuses or neglects to observe any of the provisions of these plans or specifications, or who is incompetent, unfaithful, abusive, threatening, or disorderly in their conduct, and any such person shall not again be employed on this project without permission of the Engineer. B. Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type of class of labor in the several classifications of skilled and common labor employed on this project, as required and defined in Article 17 of Title 8 of C.R.S.; provided, however that this subsection (b) shall be suspended and of no effect to the extent 50 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS prohibited or inconsistent with a requirement of federal law or regulation or the terms and conditions of any grant or cooperative agreement to which the City is a party and which concerns the Project. C. If required, Contractor shall comply with all of the Davis -Bacon Act. Contractor shall be responsible for educating its officers, employees, representatives, contractors, and subcontractors regarding the applicable Davis -Bacon wages to be paid on this project. Contractor shall be responsible for requesting additional classifications, if necessary, and appealing any wage decisions to the Department of Labor or other applicable governmental entity. Contractor assumes the risk of an unfavorable wage determination. 5v4& CON IIIACIFOIVS W01WMG CONDHJONSv USE l-, .) B S DI.1C.WE AND IIIWAIC.WE [AND A. The Contractor shall confine their equipment, apparatus, the storage of materials and operations of their workers to limits indicated by law, ordinances, permits or directions of the City and shall not encumber the premises with their materials. B. The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The Contractor shall enforce the Engineer's instructions regarding signs, advertisements, fires, and smoke. C. The Contractor shall not use any vacant lot or private land as a plant site, depository for materials, or as a spoil site without the written authorization of the owner (or their agent) of the land, a copy of which authorization shall be filed with the City. The Contractor shall not interrupt, constrict, or alter established drainage ways on vacant lots or private land without first obtaining permission from the Engineer and the property owner. 5v . v CON IIIACIFOIVS WO1WMG CONDHJONSv I) I: T E if W DI 1:- I'll ..II E l) UBI l A. The Contractor shall provide and maintain all necessary watchmen, barricades, red lights, and warning signs and take all necessary precautions for the protection of the public. The Contractor shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect the City's property from injury or loss arising in connection with the Contract. The Contractor shall make good any damage, injury, or loss to their work and to the property of the City, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the City. B. The Contractor shall continuously maintain adequate protection of all their work from damage and shall protect the City's and adjacent property from injury arising from or in connection with this Contract. C. The Contractor will be responsible for any and all damage to property, public or private, that may be caused by their operations in the performance of this Contract, and the Contractor shall 51 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS defend any suit that may be brought against themself or the City on account of damage inflicted by their operations, and shall pay any judgements awarded to cover such damage; provided, however, that if either party to this Contract should suffer injury or damages in any manner because of any wrongful act or neglect of the other party or of anyone employed by them, then they shall be reimbursed by the other party for such damage. Notice of pending claim for such reimbursement shall be made in writing to the party responsible within a reasonable time of the first observance of such damage, and the claim shall be filed and adjusted prior to the time of final payment. ')A& CON 1C W �: 1f.. �: "S �: D D GD D ]f'. S v ACC ll DEN 1W 111E / E 1W DI Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable local ordinances, State, and Federal laws, and building and construction codes shall be observed. Machinery, equipment, and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. ')A9v CON 1f.I T IVS WU: DID DI G CONDHJONSv DI .1f.. U:U:T1 E E DI I W l....II I J: I:- [-] .................................................................................................................................................................................................................................................................................................................................................................................................................................... In executing the work on this project the Contractor shall not unnecessarily impede or interfere with traffic on public highways or streets. Any question as to what constitutes unnecessary interference with traffic or a hazard to traffic shall be determined by the Engineer and the Traffic Engineer of the City. The Contractor shall confer with and keep Police and Fire Departments of the City fully informed as to street or alleys which are to be closed to traffic for construction purposes. The Contractor shall be responsible for coordination of their work with all affected utilities. The Contractor shall provide and maintain at the site of the construction work at all times, suitable sanitary facilities for use of those employed on this Contract without committing any public nuisance. Pit type toilets shall be of proper design and fly tight. All toilet facilities shall be subject to the approval of the Pueblo City County Health Department. 5: 51- No construction work shall be done during stormy, freezing or inclement weather, except such as can be done satisfactorily, and in a manner to secure first class construction throughout, and then only subject to the permission of the Engineer. 52 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS .v 1CW�1CW�" ADD �D1CWDv ��:OC..D:: D1CW�...II MO@ DIO: if W DI l: E l-- I:W AND if 1: 1 T I:- 1986 By submitting a bid, the Contractor certifies that Contractor has complied with the United States Immigration Reform and Control Act of 1986. Contractor represents and warrants that to the extent required by said Act, all persons employed by Contractor for performance of this Contract have completed and signed Form 1-9 verifying their identities and authorization for employment. A. The Contractor shall at all times keep the site of the work free from accumulations of waste materials or rubbish caused by their employees or work and at the completion of the work they shall remove all their rubbish from and about the work and all their tools, equipment, scaffolding and surplus materials and shall leave their work clean and ready to use. In case of dispute, the City may remove the rubbish and surplus materials and charge the cost to the Contractor. This requirement shall not apply to property used for permanent disposal of rubbish or waste materials in accordance with permission of such disposal granted to the Contractor by the City therefore. B. All sewers, conduits, pipes and appurtenances and all tanks, pump wells, chambers, buildings, and other structures shall be kept clean during construction; and as the work or any part thereof approaches completion, the Contractor shall systematically and thoroughly clean and make any needed repairs to them. The Contractor shall furnish at their own expense, suitable tools and labor for removing all water and cleaning out all dirt, mortar, and foreign substances. Any undue leakage of water into the structures such as to make the work, in the opinion of the Engineer, fall short of first class work, shall be promptly corrected by the Contractor at their own expense. Cleaning and repairs shall be arranged, so far as practical, to be completed upon finishing the construction work. Notice to begin the final cleaning, and repairing, if such is needed, will be given by the Engineer, who at the same time will make their final inspection of the work. The Engineer will not approve the final estimate of any portion of the work until after the final inspection is made and the work found satisfactory. 5v 54v C1 EANU11 AND 1-INA1 COM111 EI]OW Ulf. I DI G AND 11 TO....II DI G A. The Contractor shall do all cutting, fitting or patching of their work that may be required to make its several parts fit together or to receive the work of other contractors shown upon, or reasonably implied by, the plans and specifications of the completed project. B. Any cost caused by defective or ill timed work shall be borne by the party responsible therefore. C. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor without the consent of the Engineer. 53 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS After completion of the work the Contractor shall make any and all tests required by the specifications or by municipal or state regulations, and where so provided in said regulations shall furnish the City with certificates of inspection by the municipal or state regulatory bodies. The Contractor shall also make all tests required by the National Board of Fire Underwriters for the purpose of determining insurance rates or other protection of City or the Public. 5v 5& C1 E UI) AND 1-INA1 MI) l EI]OW 1: l: E if W DI 1-- I: DID I-1 11: 1-INA1 Neither the final payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship, whether latent or patent, within the extent and period provided by law. ': v') v C1 E UI) AND 1-' DI I � I) l �:: I DI v T E I: � @ DI if W DI 1-' 1: CAUSE E A. In the event the Contractor shall be adjudged as bankrupt, or shall make a general assignment for the benefit of their creditors, or a receiver shall be appointed on account of their insolvency, or if they shall persistently or repeatedly refuse or should fail to supply enough properly skilled workers or proper materials, or shall fail to maintain required insurance, or shall fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, or ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provisions of the Contract, the City may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, and unless within ten days after the serving of such notice upon the Contractor, such violation shall cease and satisfactory arrangement for correction be made, the Contract shall, upon the expiration of said ten days cease and terminate. In the event of any such termination, the City shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within thirty days from the date of the mailing to such Surety of a notice of termination, the City may take over the work and prosecute the same to completion for the account and at the expense of the Contractor, and the Contractor and their Surety shall be liable to the City for any excess cost thereby occasioned the City. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. The expense incurred by the City herein provided, and the damages incurred through the Contractor's default, shall be determined by the Engineer whose decision thereon shall be final and conclusive. B. Where the Contract has been terminated by the City, said termination shall not affect or terminate any of the rights of the City as against the Contractor and their Surety then existing or which may thereafter accrue because of such default. Any retention by the City of the moneys due the Contractor under the terms of the Contract shall not release the Contractor or their Surety from liability for their default. 54 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 5v 5& C1 EANU11 AND 1-'RAI COM111 E lf.. DI v 1-'MAI ACCE11TANCE 1:- I-ll. I E W011K ................................................................................................................................................................................................................................................................................................................................................................................................................................... A. The Contract shall be deemed as having been finally accepted by the City upon authorization of final payment issued by the Engineer. B. Use of part of the improvement by the City before completion of the entire project is not to be construed by the Contractor as an acceptance by the City of that part so used. 1-- W011K A. The Contractor shall commence work within three (3) calendar days of the date of execution of the Contract (unless otherwise stated in the Bid Form), and complete the Contract within the number of calendar days from the date of the Notice to Proceed as stated in the Bid Form. B. The dates fixed for commencement and completion of the work shall be extended for a period equivalent to the time lost because of severe and unusual weather, non delivery of properly ordered materials, or other cause over which the Contractor is not responsible. The Contractor shall document reasons for requesting any such extensions in a letter to the Engineer, and the Engineer shall fix the period of extensions, if any, their decision being binding upon both parties. If satisfactory execution and completion of the Contract shall require work or materials in substantially greater amounts or quantities than those set forth in the Contract, then the contract time shall automatically be increased in the same proportions as the cost of the additional work bears to the original contracted for. No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor or their subcontractors or suppliers. ................................................................................................................................................................................................................................................................................................................................................................. A. In the event that the Contract has not been completed within the specified time (including any approved time extensions as described in Paragraph COMMENCEMENT AND COMPLETION OF WORK) the amounts set forth in Paragraph FAILURE TO COMPLETE WORK ON TIME will be deducted from the amount paid the Contractor, as liquidated damages. B. No other liquidated damages will be charged for noncompletion within the specified time unless specifically stated in the Special Provisions. 5v 6 /I.. v C1 � E � I) D 1-' DI I � I) l E lf.. DI v DI /Ell 1-- T T � T 1:/ I DI � DI IF I DI S The rights and remedies available to City under the Contract Documents, including the City's right to recover liquidated damages, are in addition to, and not limited by, any rights, remedies and limitations provided under law. By bidding upon and entering into this Contract, the Contractor specifically waives all provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statues including, without limitations, those relating to defects in the work under the Contract, limitation of damages and notice of claim process. 55 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 5.62. MEASWIEMENTAND IIAYMENIFv ME S UI:ME IF I:: W01W A. If the bid for the work under this Contract is on a unit price basis, the actual number of units of each item of work to be constructed may be more or less than the corresponding number given in the bid form or plans, but no variation will be made in the contract unit prices on the account. No extra measurement of any kind will be allowed in measuring the units of work under this Contract, but the actual units of work shall be considered and all lengths will be measured on the centerline of the work, whether straight or curved. The Contractor will be paid the contract price for each unit of work done, which price will include the cost of all work described in the unit specifications. B. The method of measurement shall be as described in that part of the specifications covering the particular units of work or materials furnished. � v63 D �:l � E 1CWv �:" ` � E 1CW" A. The Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed during the preceding calendar month, and at the time of completion of the work under the Contract, the Contractor shall prepare and submit to the Engineer a detailed estimate of the work performed since the last calendar month for which the Contractor has submitted an estimate, such estimates to be used after approval as a basis for periodical and final payments. In City's sole and absolute discretion, City may require certifications of payment by any supplier, subcontractor, and materialmen of Contractor with respect to the work performed.When approved, one copy of such estimate will be returned to the Contractor. B. Not later than the 21st day after approval of periodic estimate and receipt of all other required payment submittals as detailed in SPL C..II..A IL„PII OV..&I.O .S, the City will make partial payment to the Contractor on the basis of a duly certified and approved estimate and certifications, if required, of the work performed by the Contractor during the preceding calendar month. The City, at its discretion, may include in such monthly estimates payment for materials that will eventually be incorporated in the project, provided that such material is suitably stored on the site of the project at the time of submission of the estimate for payment. Payment for materials on hand but not in place, unless otherwise provided in the Special Provisions, shall be based on the Contractor's cost of such materials stored at the job site, as evidenced by material bills and freight bills. No additional allowances will be made for handling or drayage by the Contractor's forces, nor overhead, insurance, profit, or other incidental costs. The Contractor shall, if required by the Engineer, present certified copies of receipted bills and freight bills for such materials. Such material when so paid for by the City shall become the property of the City, and in case of default on the part of the Contractor, the City may use or cause to be used by others these materials in construction of the project. C. The City will retain a percentage of the amount of each periodical estimate until the final completion and acceptance by the City of all work included in this Contract. Unless otherwise 56 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS specifiedSIPIEC,IIAIL P IR. (' V.JSII( NS. the percentage retained shall be 10%, except that the retainage on the periodic estimate considered to be the final estimate may be reduced by the Engineer to an amount deemed by them sufficient to complete minor work, effect minor repairs or perform minor cleanup, provided, however, that in no event may retainage be reduced to less than five percent (5%) of the original contract amount. Nothing in this section shall be construed to limit or restrict the City's right to withhold additional amounts pursuant to Section WAIVER OF STATUTORY RETENTION LIMITS of these General Provisions. D. Final payment of the percentage retained by the City on the monthly periodical estimates and on the final estimate will be paid to the Contractor not more than thirty (30) days after final acceptance by the City of the work on this Contract and publication of the statutorily required Notice of Final Settlement. 5.64. MEASW: EMENT D DAMN NTf DI/DI 1-- STATUT011Y IIETENIION Contractor acknowledges that the City will retain up to 10% of each periodical estimate as set forth in paragraph PAYMENTS (c) above. By bidding upon and entering into this Contract, the Contractor knowingly and voluntarily waives any and all right or entitlement it may have for a lesser percentage to be retained from payments pursuant to Section 24-91-103(1)(a) of the Colorado Revised Statutes. � .1C W, " S DI ' �: �: ".. D .1C W D , 1C W �....II �:: �: �:: �: ........................................................................................................................................................................................................................................................................................ A. The City may withhold, in addition to retained percentages, from any payment to the Contractor, such an amount or amounts as may be necessary to cover: 1. Claims filed with the City for labor or materials furnished in connection with the work; 2. Correction of defective work not promptly remedied by Contractor; 3. Amounts owed to their suppliers, subcontractors, and workers; 4. An amount sufficient to ensure completion if a reasonable basis exists to believe that the Contract cannot be completed for the balance then unpaid; 5. Damage caused by Contractor to another contractor or public or private property; 6. Excess cost of field engineering and inspection; 7. City Sales and Use Tax to which the City is entitled; 8. Liquidated damages. B. The City may disburse and shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are 57 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS entitled to payment therefrom. The City will render to the Contractor a proper accounting of all such funds disbursed in behalf of the Contractor. C. Neither the final payment nor any part of the retained percentage shall become due until 30 days after publication of Notice of Final Settlement on the Project and after the Contractor shall have delivered to the City a complete release for themself and all materialmen and subcontractors of all claims or liens arising out of the Contract, or receipt in full in lieu thereof. The Contractor may, however, furnish a bond, satisfactory to the City Attorney, to indemnify the City against any claim or lien. If any claim or lien remains unsatisfied after all payments are made, the Contractor and their Surety shall be liable to the City for all moneys that the latter may be compelled to pay in discharging such claim or lien, including all costs and reasonable attorney's fees. All work performed incorrectly or of incorrect materials shall be replaced before final payment. Final payment will be withheld until such corrections have been accomplished. A. The Engineer, in writing, may direct that changes be made in the work to be performed or the materials to be furnished pursuant to the provisions of this Contract. A written change order which causes any increase in the original contract price shall include a statement that lawful appropriations have been made sufficient to cover the costs of the change order. B. Adjustments, if any, in the amounts to be paid to the Contractor by reason of any such change shall be determined by one or more of the following methods: 1. By unit prices contained in the Contractor's original bid and incorporated in this construction contract; 2. By a supplemental schedule of prices contained in the Contractor's original bid and incorporated in this construction contract; or by schedule of unit prices approved by Engineer pursuant to GENERAL PROVISIONS, CONTRACTS: SCHEDULE OF UNIT PRICES; 3. By an acceptable lump sum bid from the Contractor; 4. On a cost plus limited basis not to exceed a specified limit (defined as the cost of labor, materials, and insurance plus a specified percentage of the cost of such labor, materials, and insurance; provided the specified percentage does not exceed fifteen (15) percent of the aggregate cost of such labor, materials, and insurance and shall in no event exceed a specified limit). Provided, however, that the aggregate payment of all work shall in no case exceed the estimate of the Engineer. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, MOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS C. No claims for an addition to the contract sum shall be valid unless authorized in writing as aforesaid. D. In cases where a lump sum bid is submitted by the Contractor in excess of $500.00 (Five Hundred Dollars) and the Engineer considers the bid so submitted is excessive or unreasonable for the changes or added work contemplated, the City reserves the right to request a bid for the same changed items from other contractors. If a bid for such added work is obtained from other contractors at a lesser amount, the City reserves the right to make an award for such work to another contractor unless the Contractor on this Contract agrees to do the added or changed work for the price named by the other contractor. E. It shall be expressly understood and hereby agreed to by the Contractor that no claim for extra work will be recognized by the City unless claim for such added work has been filed by the Contractor within ten (10) days after such alleged extra work was performed. 5.68. ME SW: E ME T D I)AYMENTv SDGNH-ICANTG....II G E S lN 0....IIM: 1C.. U: 1:- ........................................................................................................................................................................................................................................................................................................................................................................................................................................................... T l...II E WO1W ................................................................. A. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. B. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alternations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the contract price. The basis for adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon for any reason what so ever, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair and equitable. C. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. D. As used in this section, the term "significant change" shall be construed to apply only to the following circumstances: 1. When the character of the work as altered differs substantially and materially in kind or nature from that involved or included in the original proposed construction, or 2. When a major item of work is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in 59 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS case of a decrease below 75 percent, to the actual amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount. 5: 69� 1IIACIFOIVS lflGll ITTO 1C.WEIMMA f..E CON 111ACTOIVS llDGll ITTO S1MI) W01WO11 TEIMMATE CONIIIACIF If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by them, or if the Engineer should fail without cause to issue any estimate within thirty (30) days after it is due, then the Contractor may, upon ten (10) days written notice to the City of Pueblo, stop work or terminate the Contract and recover from the City payment for all work executed plus any loss sustained upon any plant or material plus reasonable profit and damages. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 6. VENDOR SUBMISSIONS The answers to following questions constitutes the Contractor's Bid Proposal. & L D " G" �: .1C W E E To submit a bid bond - Please download the document provided below, complete, and upload. To submit a certified check, cashier's check, or money order - Please scan and upload a copy of your check or money order. The original check or money order must be delivered to the Purchasing Department in person or via mail by the bid submittal deadline date. If sending by mail the envelope must be addressed to: City of Pueblo Purchasing Department 230 S. Mechanic Street Pueblo, CO 81003 The Bid Number and Name must be listed clearly on the outside of the envelope. .... .............. *Response required Bidders are responsible for obtaining, reading, and carefully examining the entire Contract Documents package, including any Addenda, prior to submitting a bid. Confirming below will serve as the Bidder's acknowledgement of understanding and ability to comply with all requirements and conditions of this project and that all mandatory submittals are included in this bid proposal. Confirmation must be made by an agent who is legally authorized to bind the company. By confirming below Bidder hereby proposes to furnish all labor, materials, tools, equipment, and all utility/transportation services necessary to perform and complete, in an industry acceptable and professional manner, construction in accordance with the plans and specifications as prepared by or for the City of Pueblo, Colorado, for the sums set forth in the pricing schedule. The Contract shall be awarded to the responsible bidder submitting the lowest and most responsive bid on the basis of the Total Base Bid plus any Bid Alternates selected. Award shall be at the sole discretion of the City. The sum of the Total Base Bid plus all Bid Alternates shall be the basis for establishing the Bid Bond amount. The sum of the Total Base Bid plus any Bid Alternates selected by the City shall be the basis for establishing the amount of the Payment and Performance Bonds for this Contract. Quantities shown on the pricing schedule are subject to additions or reductions. The City reserves the right to adjust the required quantities as necessary. Additional quantities shall be furnished by Bidder at 61 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS the unit price quoted. The time allowed for construction shall be adjusted in direct proportion to the difference of the adjusted quantities to the estimated quantities. By confirming below Bidder acknowledges that they have examined the quantities shown against the plans and specifications and accepts the said quantities as substantially correct, both as to classification and amount, and as correctly listing the work to be completed. Downloaded plans/drawings must be printed as "Actual Size"; scaling is NOT correct when printed using other options. It is the Bidder's sole responsibility to ensure plans are printed correctly and to inform third -party printers of this information. The City is not responsible for bidding errors resulting from Bidder's failure to follow this requirement. The Bidder, if awarded the Contract, agrees to complete and file the Contract Agreement and Payment and Performance Bonds within ten (10) days of the date of Notice of Award, and further agrees to complete the work within 60 calendar days from Notice to Proceed. Liquidated damages will be assessed in accordance with the GENERAL PROVISIONS. Bidders shall not add any conditions or qualifying statements to this bid. If such items are added the bid may be declared nonresponsive and rejected. Bidder shall be subject to all applicable City, County, State, and Federal Taxes in the performance of this Contract. ❑ Please confirm *Response required Enter the Name, Title, and Contact Information, including phone number and email address, of the person providing the Confirmation of Understanding and Offer. *Response required Upload documentation of active SAM.gov registration with no active exclusions. *Response required 6.5.1. In accordance wit L _B0' R PR(':�"u"S( NS" , IIIIISection 2: Nondiscrimination and Equal Employment Opportunity Requirements, the bidder hereby acknowledges that they have a written affirmative action plan which declares that the Contractor and its Subcontractor(s) do not discriminate on the basis of race, color, religion, creed, national origin, sex or age. Bidder further understands that the written plan must be submitted to the City of Pueblo Purchasing Department (and the applicable federal agency in the case of Federally funded projects) within ten (10) days of the award of contract. 62 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS Neither the receipt by the City of this completed form, nor of any Affirmative Action Plan submitted by any bidder, contractor, or subcontractor, shall constitute any determination by the City of the adequacy of any Affirmative Action Plan. Please confirm your acknowledgment of the above statement: ❑ Please confirm *Response required 6.5.2. IN.5 .IRANC'E. R..Q�.]IRE'I ,I .. ,,r. Bidder hereby acknowledges understanding of the insurance requirements as set forth in GENERAL .PIR. 0 II,S.II,.(,- NS, INDEMNITY AND INSURANCE: CONTRACTOR'S INSURANCE and.S PLC,.HAIL„PI.R0VII II_(' N S., CDOT AS ADDITIONAL INSURED and ADDITIONAL INSURANCE AS REQUIRED BY CDOT and certifies that they are in compliance with these requirements or will be upon award. Please confirm your acknowledgment of the above statement: ❑ Please confirm *Response required 6.5.3. REQUIRED WORK BY GENERAL CONFRACTOR' The bidder hereby acknowledges understanding of the performance of work requirement as set forth in S.PECHAIL„_..PR0YII„SII0NS., PERFORMANCE OF WORK and certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: ❑ Please confirm *Response required 6.5.4. COL R,!" D LABOR REQUIREI 'I .. .Fm r. The bidder named below hereby acknowledges understanding of the Colorado labor requirement as set IEINIEII AIL PII 0V..!IISII(' NS CONTRACTOR'S WORKING CONDITIONS: LABOR sub -paragraph (b) and forth in....................................................................................................................., , certifies that they are in compliance with this provision or will be upon award. Please confirm your acknowledgment of the above statement: ❑ Please confirm *Response required 6.5.5. By submitting a bid for this project, the Contractor certifies and affirms the following (check appropriate options): Select all that apply 63 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS ❑ I have the authority to sign on behalf of the company contracting for this project. ❑ I have reviewed the wage decision provided within the project specifications and find that it is the most current wage determination published by the U.S. Department of Labor for the proposed project scale in our locale. ❑ I acknowledge that the wage decision provided with the project specifications may not include all of the trades or categories of labor necessary to complete the project. I acknowledge that the Contractor is responsible for determining whether additional classifications are necessary. ❑ I have reviewed the wage classifications contained in the project's wage decision and find that NO additional wage classifications are required to complete the project. ❑ I have reviewed the wage classifications contained in the project's wage decision and find that additional wage classifications ARE required to complete the project. I acknowledge that the Contractor is responsible for requesting and obtaining Prevailing Wage Rates for the additional classifications from the U.S. Department of Labor. ❑ I acknowledge that it is the Contractor's sole responsibility to pay prevailing wages for the project, and barring due process allowed by the U.S. Department of Labor (DOL), the Contractor will bear, solely, the additional cost, if any, as a result of the DOL wage determination for the additional classifications required to complete the original scope of project. *Response required Via. 5 By submitting a bid, Contractor certifies that segregated facilities are not, and will not be, maintained or provided for employees at any of Contractor's establishments, and that employees are not, and will not be, permitted to perform their services at any location, under Contractor's control, where segregated facilities are maintained. Contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. Contractor further agrees that identical certifications from proposed subcontractors will be obtained prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that he will retain copies of such certifications; and that he will forward the following notice to such proposed subcontractors: Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). E Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. ❑ Please confirm *Response required Via. fir.7. SAL ES ANDIOR USE FAX INFO 1VI,!" F10N* CITY OF PUEBLO SALES OR USE TAX — The Contractor and any Subcontractors shall pay all applicable City of Pueblo Sales or Use taxes. All General Contractors and Subcontractors are mandated to be licensed with the City of Pueblo Sales Tax Office. Please refer any questions on City Sales or Use Taxes to the City of Pueblo, Department of Finance. Their telephone number is (719) 553-2659. Please note, there are NO tax-exempt projects within the City of Pueblo. STATE OF COLORADO SALES OR USE TAX — The exemption of building materials from State Sales or Use Tax in Colorado Revised Statutes applies only to the State of Colorado Sales or Use Taxes. Please refer any questions on State Taxes to the State of Colorado, Department of Revenue. PUEBLO COUNTY SALES OR USE TAX — The State of Colorado collects all sales or use tax for the County of Pueblo; therefore, any exemption allowed by the State applies to the County. Please confirm you acknowledge the above statements: ❑ Please confirm *Response required 6.6. UITDID:-DI I]ON ................................................................................................. By confirming below, Bidder certifies and affirms that all statements below are true and binding. If the City finds verifiable information from another source that conflicts with the response provided, Bidder's submittal will be rejected. This firm or any officer or partner of this firm: • Has not been convicted of a criminal offense related to obtaining or performing a public or private contract or subcontract. • Has not been convicted under local, state, or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or honesty which directly affects responsibility as a City contractor. • Has not been convicted under local, state, or federal antitrust statutes arising out of the submission of bids or proposals. 65 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS • Has not failed to perform or unsatisfactorily performed in accordance with the terms of one or more contracts with public or private entities within the previous five years. • Is not currently under suspension or debarment by the City or any other governmental entity based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity. • Is qualified and financially able to timely perform the work. • Is licensed or able to be duly licensed to perform the work on the date of the contract award. • Is not delinquent in making payment of any City taxes for which the tax liability has been finally determined and no further right of appeal exists. Do you confirm that the above statements are true? ❑ Yes ❑ No *Response required When equals "No" (5.6.2. XfIL.AN FION Off::.NEGA FIVE RE'S IONSE,1 A clear and concise explanation must be provided detailing which statement(s) cannot be confirmed as true and why. *Response required &. v CDOT 1:-OIr°Iai 6... .......................................................................... .1. Anti- Collusion Affid(wit* Please download the below documents, complete, and upload. • nt.i-C.2 1.1j. sJon......... ff.!.d.:�.y.i.:t..,..r�.df ..................................... *Response required BIDDER* The apparent lowest and most responsive bidder must submit CDOT forms 605 and 621 by 4:00 pm (MT) on the fifth calendar day after bid opening. These forms are included for reference in Attachment E and links to the forms have been provided in the S_PL_('_II-AIL„PII 0 VII.:S.II0__NS.. By confirming below, Bidder acknowledges this requirement. ❑ Please confirm *Response required Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS T. 11 ° I I N G rABL E BASE BID 1 201-00000 CLEAR AND 1 LS GRUB 2 202-00200 REMOVAL OF 145 SY SIDEWALK 3 202-00201 REMOVAL OF 31 LF CURB 4 202-00203 REMOVAL OF 190 LF CURB AND GUTTER 5 202-00210 REMOVAL OF 30 SY CONCRETE PAVEMENT 6 202-00220 REMOVAL OF 112 SY ASPHALT MAT 7 202-00250 REMOVAL OF 390 SF PAVEMENT MARKING 8 203-00060 EMBANKMENT 18 CY MATERIAL (COMPACT IN PLACE) 9 207-00205 TOPSOIL 13 CY 10 208-00207 EROSION 40 HOUR CONTROL SUPERVISOR 11 208-00020 SILT FENCE 300 LF 12 208-00035 AGGREGATE 56 LF BAG m Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 13 208-00051 STORM DRAIN 70 LF INLET PROTECTION (TYPE 1) 14 210-00038 RESET 1 EA IRRIGATION SYST E M 15 210-00810 RESET 2 EA GROUND SIGN 16 212-00011 SEEDING 0.02 AC (LAWN) 17 304-06007 AGGREGATE 62 CY BASE COURSE (CLASS 6) 18 403-00721 HOT MIX 65 SY ASPHALT (PATCHING) 19 412-00602 CONCRETE 25 SY PAVEMENT (7- INCH REINFORCED) (SQUARE PAN) 20 608-00000 CONCRETE 565 SY SIDEWALK (4- INCH) 21 608-00001 CONCRETE 87 SY SIDEWALK (6- INCH) 22 608-00015 DETECTABLE 96 SF WARNING 23 609-20000 6 INCH CURB 53 LF HEAD (CITY OF PUEBLO STANDARD) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 24 609-20010 CURB AND 231 LF GUTTER (CITY OF PUEBLO STANDARD CURB AND GUTTER) 25 627-00002 THERMOPLAST 400 SF IC MARKING 26 630-00012 TRAFFIC 1 LS CONTROL 27 630-00012 MOBILIZATION 1 LS TOTAL ADD ALTERNATE NO. 1 28 202-00200 REMOVAL OF 66 SY SIDEWALK 29 202-00203 REMOVAL OF 107 LF CURB AND GUTTER 30 202-00210 REMOVAL OF 13 SY CONCRETE PAVEMENT 31 202-00220 REMOVAL OF 25 SY ASPHALT MAT 32 210-00810 RESET 1 EA GROUND SIGN 33 304-06007 AGGREGATE 1 CY BASE COURSE (CLASS 6) we Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Public Improvement Invitation for Bid #26-010 P112101, CDOT SAR M086-094 (24468) Title: HAAFF Elementary School - SRTS 34 403-00721 HOT MIX 25 SY ASPHALT (PATCHING) 35 412-00602 CONCRETE 13 SY PAVEMENT (7- INCH REINFORCED) (SQUARE PAN) 36 608-00000 CONCRETE 57 SY SIDEWALK (4- INCH) 37 608-00001 CONCRETE 12 SY SIDEWALK (6- INCH) 38 608-00015 DETECTABLE 16 SF WARNING 39 609-20000 6 INCH CURB 165 LF HEAD (CITY OF PUEBLO STANDARD) 40 609-20010 CURB AND 107 LF GUTTER (CITY OF PUEBLO STANDARD CURB AND GUTTER) 41 630-00012 TRAFFIC 1 LS CONTROL TOTAL m Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B NOTICE OF AWARD (Sample) (Date) To: Ref: Bid No.: Bid Name: The City of Pueblo hereby accepts your proposal submitted on for the construction of referenced project. It appears that your bid in the amount of $ for , is fair and equitable. In accordance with the terms of the Contract Documents, you are required to execute the formal Contract Agreement and furnish the required Payment and Performance bonds, within ten (10) business days from and including the date of this notice. The Bid Guaranty submitted with your bid will be returned upon execution of the Contract Agreement and the furnishing of the Payment and Performance Bonds. In the event you should fail to execute the Contract Agreement and furnish the Payment and Performance Bonds within the time specified, said Bid Guaranty will be retained by said City as liquidated damages and not as penalty, for the delay and extra work caused thereby. Director of Purchasing City of Pueblo Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B CONTRACT AGREEMENT (Sample) THIS AGREEMENT made and entered into this _ day of , 20 by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to in the Contract Documents as the "City", and , hereinafter referred to in the Contract Documents as "Contractor". WITNESSETH, in consideration of the sum to be paid by the City to the Contractor at the time and in the manner hereinafter provided, the said Contractor has agreed, and does hereby agree, to furnish all labor, tools, equipment, and material and to pay for all such items, and to construct complete in every detail, To -Wit: Project No.: Project Name: At the prices bid, in accordance with the drawings and specifications, and all Contract Documents for this project which are on file and available for inspection in the office of the Director of Public Works of Pueblo, all to the satisfaction of the Director of Public Works for the City of Pueblo. AND FOR SAID CONSIDERATION, IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. Construction and installation of the above enumerated work for the City shall be completed and ready for use in accordance with the time of completion described in the Proposal Form of this Contract. This time shall be extended only for those periods set forth in the Contract Documents and in accordance with the requirements same. 2. The work and material for the project covered by the Contract Documents shall be completely installed and delivered to the City within the time above stated, clear and free from any and all liens, claims and demands of any kind. 3. The full compensation to be paid to the Contractor by the City, pursuant to the terms of this Contract, shall be payable as provided in the Contract Documents. 4. This Contract consists of the following components, parts, and documents, all of which taken together constitute and are referred to as the Contract Documents, and the same are incorporated as part of the Contract as if set out herein verbatim, whether the same have been attached hereto or not: Contract (This Instrument) Performance Bond Payment Bond Notice to Proceed Notice of Award Contractor's Proposal Invitation For Bids, including expressly and without limitation, SPECIAL PROVISIONS, LABOR PROVISIONS, AND GENERAL PROVISIONS Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (Contract Agreement) 5. The Standard Construction Specifications and Standard Details for City of Pueblo, Colorado, adopted January 12, 2026, and as most recently amended, are hereby included by reference and all provisions thereof shall be applicable. 6. Title XII, Chapter 2, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 3476, and amended by Ordinance No. 4476 and 5229, shall be considered a part of this Contract. 7. Title I, Chapter 8, of the 1971 Code of Ordinances, City of Pueblo, adopted by Ordinance No. 4479, shall be considered a part of the Contract. 8. All of the covenants and agreements set forth in the Contract Documents shall inure to the benefit of and be binding upon City and Contractor and their respective heirs, legal successors and assigns and shall be governed by the laws of the State of Colorado. 9. This Contract may be executed using electronic signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in Portable Document Format (PDF) or other readily available file format, or by copy transmitted via email, or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and all of which taken together shall constitute one and the same agreement, (ii) a valid and binding agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as the day and year first above written. CONTRACTOR By Title CITY OF PUEBLO, A MUNICIPAL CORPORATION By ATTEST: BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACTAND FUNDSARE AVAILABLE: Director of Finance APPROVED AS TO FORM: Director of Purchasing City Clerk City Attorney Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B KNOW ALL MEN BYTHESE PRESENTS: That we PERFORMANCE BOND (Sample) Bond Number a hereinafter called "Principal" and Surety of , State of , hereinafter called the "Surety", are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called "City", in the penal sum of: Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _ day of 20_, a copy of which is hereto attached and made a part hereof for the construction of: Project No.: Project Name: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof (including all warranty periods), and any extensions thereof which may be granted by the City, with or without notice to the Surety, and if they shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B IN WITNESS WHEREOF, this instrument is executed this the ATTEST: By (SEAL) By ATTEST: By (SEAL) By Principal Secretary (Witness as to Principal) (Address) (Surety) Attorney -In -Fact (Witness as to Surety) By Title By (Performance Bond) day of 20_ Principal (Address) Surety Attorney -In -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B KNOW ALL MEN BYTHESE PRESENTS: That we PAYMENT BOND (Sample) Bond Number a hereinafter called "Principal" and Surety of , State of , hereinafter called the "Surety", are held and firmly bound unto the City of Pueblo, a Municipal Corporation, hereinafter called "City", in the penal sum of: Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City dated the _ day of 20_, a copy of which is hereto attached and made a part hereof for the construction of: Project No.: Project Name: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, supplies, lubricants, oil, gasoline, rental machinery, 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 subcontractors 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 or to the specifications accompanying the same shall in any way effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (Signature Page Follows) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (Payment Bond) IN WITNESS WHEREOF, this instrument is executed this the day of 20_ ATTEST: By Principal Secretary (SEAL) By (Witness as to Principal) (Address) ATTEST: By (Surety) Attorney -In -Fact (SEAL) By (Witness as to Surety) Principal By Title (Address) Surety By Attorney -In -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute the bond. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B NOTICE TO PROCEED (Sample) City of Pueblo, Colorado (Date) To: Ref: Project No.: Project Name: You are hereby authorized to proceed on , 20_, or within three (3) consecutive calendar days with construction of above referenced project as set forth in the Contract Documents. The Bid Bond submitted with your Bid may now be cancelled by your Surety. Director of Public Works City of Pueblo Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B To Whom It May Concern: The law requires that licensed contractors perform all construction work. It is a violation of the law to perform construction without a license and it is equally a violation to hire someone to perform construction unless the party hired is a licensed contractor or is on the payroll of the company hiring as an employee. Basic license categories are General Contractor A, B, and C; Electrical Contractor, Plumbing Contractor, and HVAC Contractor A and C. In addition, there are Contractor D single trade licenses, which are the type used by the majority of sub -contractors. Those trades requiring licenses include, but are not limited to: Awning Installation Demolition Elevators Framing Masonry Asphalt Paving Utility Cont. Fire Main Systems Utility Cont. Water Sign Erection Structural Steel Mechanical A Unlimited Mechanical Gas Work Mechanical C Sheet Metal Journeyman Refrigeration Plumbing Swimming Pool Plumbing Water Connected appliances Concrete Drywall Excavation House Moving Ornamental Iron Roofing Plumbing Lawn Sprinkler Utility Cont. Sewer Siding Stucco U Occupancy (garages, sheds, etc.) Mechanical C Limited (any 2 of 3) Mechanical C Refrigeration Journeyman Gas Fitter Journeyman Sheet Metal Utility Cont. Sewer & Water If you have any questions, feel free to contact our office 719-543-0002. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B i (7iI�J cif PUIEEBLO Danny NunOne City Hall Place 1DirectorofFinance n a i�, Pueblo, CO 81003 Sales Tax Division Valerie A. Palumbo Phone (719) 553-2659 Ta,�Audit 944anager Fax (719) 553-2657 salestax@pueblo.us BIDDERS: I want to take this opportunity to remind all bidders that all construction jobs in the City of Pueblo limits are subject to the city sales and use tax rate of 3.7%. THERE ARE NO EXEMPT JOBS. PLEASE NOTE: EFFECTIVE OCTOBER 1, 2025, THE CITY CONTRACT MANDATORY THRESHOLD WILL CHANGE AND ALL CONTRACTS VALUED AT $100,000 OR GREATER WILL BE SUBJECT TO THE MANDATORY PRE -PAYMENT OF TAX. The contractor awarded a job is required to be licensed with the City of Pueblo Sales Tax Division along with all subcontractors that are hired. Please ensure that the sub -contractors are licensed. This can be determined by asking for a current license or calling the Sales Tax Division @ 719-553-2659 for verification. ALL subcontractors are mandated to be licensed regardless of whether it's a labor only or not. If the bid exceeds the threshold, then the prepayment of Sales/Use tax @ 3.7% is based on 40% of the contract value due within 14 days of the authorization to proceed from Purchasing. At the time of prepayment, the sales tax office will issue prepaid certificates that is required to be issued to each subcontractor. Ensure you maintain a copy of all certificates issued. Only permanent material that is affixed to the project is allowed to be purchased exempt by using the Certificate. Equipment rental, office rental, consumables are not exempt from tax so the Certificate should not be utilized. Tax paid to any other jurisdiction that is under a Pre -Paid Certificate will be denied. You can phone the Sales Tax Division if you have any questions or need assistance with a supplier not exempting the transaction. At the end of the project, a reconciliation will be performed to determine if a refund is due, or an underpayment and additional liability will need to be satisfied. If the bid is less than the threshold, then the prepayment of the 3.7% tax of 40% of the contract value is not mandatory but it's optional. Pre -paying the taxes assists the suppliers in exempt ALL sales tax vs just the city. At the end of the project, a reconciliation will be performed. PLEASE NOTE: ALL JOBS ARE AUDITED REGARDLESS OF PRE -PAYMENT STATUS. ORDINANCE REQUIREMENT IS TO MAINTAIN RECORDS FOR THE STATUTORY THREE YEAR LOOK BACK PERIOD. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B City of Pueblo, Colorado TAX GUIDE CONSTRUCTION CONTRACTORS DEFINITION: The term "construction contractor" applies to general contractors and subcontractors and includes all building constructors, highway and road constructors, electrical, plumbing, and heating constructors, excavators, and others engaged in the construction, reconstruction, expansion, alteration, repair, or wrecking of any physical structure that is part of real estate. Business enterprises providing completed units of personal property to be affixed to, installed in or used in conjunction with a structure will = be regarded as performing work by a contractor if the personal property can be removed: 1. Without substantial damage to the structure, and 2. Without altering the functional use of the structure. Business enterprises, as described above, are considered vendors who make retail sales and must charge City of Pueblo Sales Tax on these items if licensed to do so. If the vendor is not licensed to collect City of Pueblo Sales Tax or for any reason fails to do so, then the contractor must pay the tax due as Use Tax. These types of items include, but are not limited to, appliances, storm doors and windows, patio covers, carpeting, pre -fabricated swimming pools, lockers, athletic equipment, toilet partitions, movable partitions, nursery stock, sod or other similar items used in connection with a structure. STATE EXEMPT PROJECTS: The State of Colorado provides an exemption for purchases by contractors of construction and building materials that become permanently affixed to the real property when the owner of the real property is a non- profit school or a governmental, charitable, or religious entity. Pueblo has no such exemption. The contractor may not avoid the payment of the Pueblo Sales or Use Tax by use of provisions in the construction agreement or by use of the name of a tax exempt entity on an invoice or purchase order as the purchaser because the contractor is deemed to be the consumer of the materials used in construction. No exemption certificate issued by the Colorado Department of Revenue, nor any other taxing authority, will be recognized as a basis for exemption from the Sales of Use Tax levied by the City of Pueblo on construction materials. CONSTRUCTION MATERIALS: All building materials purchased, used or consumed in the City of Pueblo are subject to sales or use tax, unless the materials are purchased for resale or by seller holding a valid City of Pueblo Sales Tax License. The general contractor on a project is responsible for the City of Pueblo tax on all material used or consumed on their project, including that used by the subcontractors the general contractor employs on the job. If the subcontractor is properly licensed with the City of Pueblo Finance Department, the subcontractor will be liable for their own taxes. But the general contractor is responsible for the taxes owed by any unlicensed subcontractor they hire. Caution: City of Pueblo Sales Tax paid to a vendor who is not licensed to collect Pueblo Sales Tax does not relieve the contractor of this tax liability until said tax is remitted to the City of Pueblo. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B SALES TAX: 1. Materials delivered by a Pueblo vendor to a construction contractor at a job site or other location in Pueblo are subject to city sales tax. 2. Materials picked up inside the City of Pueblo are subject to city sales tax regardless of whether the materials are used inside or outside the city. 3. Materials delivered by a Pueblo vendor to a location outside the City of Pueblo, for use outside the city, are exempt from city sales tax. 4. There is no exemption in the sales tax ordinance for the temporary storage of construction materials in Pueblo. City of Pueblo use tax is due on all materials used, consumed or stored in the city on which City of Pueblo sales tax was not paid. Examples might include the following: 1. For materials purchased outside of Pueblo to be used or stored in Pueblo on which sales tax was legally paid to another municipal corporation, use tax would be due only to the extent that the Pueblo tax exceeds the amount of sales tax paid to the other municipality. Sales tax is legally paid to another municipal corporation only if delivery of the material takes place in that municipality. 2. For material purchased outside Pueblo and delivered into Pueblo either by the vendor or common carrier, the full 3.7% City of Pueblo use tax is due. 3. If for any reason a licensed vendor fails to charge City of Pueblo sales tax, the contractor as the ultimate user must pay the full use tax. CONSTRUCTION TOOLS & EQUIPMENT: NEW PURCHASES: All purchases of tools, supplies and equipment from a Pueblo licensed vendor that are delivered inside the City of Pueblo are subject to city sales tax. If no Pueblo sales tax was paid, the City Code imposes a use tax on the purchase of tools, supplies and equipment used or received in Pueblo. However, if sales tax was legally paid on a purchase to another Colorado municipality, Pueblo allows a credit for the rate of tax legally paid to another municipality up to the rate of Pueblo's use tax. USED EQUIPMENT: Machinery and equipment, which has been used prior to being brought into the City of Pueblo, is subject to city use tax on the actual purchase price of the equipment and is due at the time the equipment is first brought into the city. Credit is allowed for the rate of legally imposed sales and use tax previously paid to another municipality up to the rate of city use tax. CONSTRUCTION EQUIPMENT: Pueblo sales and use tax applies to the purchase or use of construction equipment (cranes, grades, backhoes, bulldozers, welders, etc) in the city. Any equipment owned by a local construction company is subject to city tax when the equipment is purchased or first brought into the City of Pueblo. Construction companies located outside the city are subject city tax when equipment is brought into Pueblo. EXCEPTION: The City of Pueblo provides a prorated use tax on construction equipment brought into the city for a period of thirty (30) consecutive days or less if the taxpayer has complied with the provisions of C.R.S. Section 29-2-109. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B MOTOR VEHICLE EXEMPTION: Automotive vehicles (vehicles whose primary purpose is transportation upon public streets) registered and required by law to be registered outside of Pueblo are exempt. Specifically, construction contractors' pickup trucks and over -the -highway dump trucks, which are based and maintained at a location outside of Pueblo, would not be subject to Pueblo's sales or use tax. RETAILER -CONTRACTOR: Some contractors as defined above, also may be retail merchants of building supplies or construction materials, which were purchased tax free for resale. In the performance of their own construction contracts they might remove from their own stock whatever is needed fortheir contract operations. Such use of tax free merchandise is subject to tax in one of the following ways: 1. On time and material type contracts for all now tax exempt entities, sales tax must be charged and remitted on the total retail price charged to the customer. 2. On lump sum contracts and all jobs for tax exempt entities, use tax must be paid based on the acquisition cost of the merchandise. Retailer contractors must have a City of Pueblo sales tax license. No sales tax license will be issued to regular contractors. They are not retailers of tangible personal property and are deemed to be users or consumers of all articles they use. MANUFACTURER CONTRACTORS: Manufacturing is defined as "the performance as a business of an integrated series of operations which places personal property in a form, composition or character different from that in which it was acquired whether for sale or use by the manufacturer. The change in form, composition or character must result in a different product having a distinctive name, character and use." Organizations engaged in the manufacturing of tangible personal property who also perform construction contracts (i.e., permanently affix personal property to real property) are subject to Pueblo tax on the gross value of all materials, labor and services used and employed in the manufacture of the product. FABRICATORS: Shop tasks performed on construction materials, such as cutting, welding, drilling and painting structural steel or cutting, bending and attaching sheet metal pieces into "duct work," are not regarded as "manufacturing". Thus, in such cases, fabrication labor is not part of the tax base for a contractor/fabricator. Fabricated labor is part of the tax base when transfer of title to the fabricated item takes place after performance of the fabrication by the retailer/fabricator. RELATED TAX GUIDES: Liens, Distraints & Enforcement Manufacturers Rental & Service Charges Combined Special Mobil Machines & Equipment Use Tax THE ABOVE INFORMATION IS A SUMMARY IN LAYMAN'S TERMS OF THE RELEVANT PUEBLO TAX LAW FOR THIS INDUSTRY OR BUSINESS SEGMENT. IT IS NOT INTENDED FOR LEGAL PURPOSES TO BE SUBSTITUTED FOR THE FULL TEXT OF THE PUEBLO MUNICIPAL CODE AND APPLICABLE RULES AND REGULATIONS. 01 /18 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B FINANCE DEPARTMENT SALES TAX DIVISION P.O. BOX 1427 (719) 553-2659 PUEBLO, CO 81002 FAX (719) 553-2657 FREQUENTLY ASKED QUESTIONS (FAQ) Below are FAQ's about City of Pueblo licensing and tax collection. If you would like to see the ordinances in their entirety or peruse our website, please visit www.pueblo.us (click on "Your Government", then "Sales Tax" under "Economic/Community Development.") Once there, Tax and Licensing Ordinances Title 9 — Licenses & Permits. Title 14 — Taxes & Finance. The Tax Guide is also available at the Sales Tax main screen. FAQ's: Who has to be licensed with the City of Pueblo Sales Tax Division? All businesses associated with the project must be licensed to include contractors, suppliers delivering to the job site, equipment rentals, tool sales onsite to name a few. Please contact our office if you have a question whether or not licensing should be acquired. A completed application along with the $50 annual licensing fee must be submitted to the Sales Tax Division. The license application can be downloaded from our website referenced above. Can Contractors be liable for hiring unlicensed sub -contractors when working in the City of Pueblo? Yes, prior to hiring a sub -contractor ensure they are licensed with the Sales Tax Division by requiring a copy of their current license. If not, the hiring contractor could be liable for taxation on the contractual agreement. I am a Labor Only Contractor do I need to be licensed? Yes, all businesses to include labor only must be licensed. If I believe there are no taxes owed, do I still need to file a return? Yes, a Zero return must be filed. If you do not file a return and no taxes are owed, a $15 late filing fee will be enforced. If food is purchased for on the job consumption is it taxable? Yes, food purchased from grocery stores is only exempt for home consumption. In any other situation the food is deemed taxable. Any prepared food is also subject to taxation. Do I need to notify your office if my business closed? Yes, we need WRITTEN notification that your business has closed. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B SSP Index 01-09-2026 [For 2025 Spec Book] Colorado Department Of Transportation Special Provisions HAAFF Elementary School - SRTS Standard Special Provisions Name Date No. of Pages Revision of Section 105 - Dispute Resolution, Dispute Review Board and (June 11, 2025) 27 Claims for Unresolved Disputes Revision of Section 107 - Water Quality Control (Under One Acre of Disturbance) (July 1, 2025) 8 Revision of Section 108 - Liquidated Damages (July 1, 2025) 1 Revision of Section 207 - Topsoil (July 1, 2025) 8 Revision of Section 208 - Erosion Control (Under One Acre of Disturbance) (July 1, 2025) 36 Revision of Section 212 - Soil Amendments, Seeding, and Sodding (July 1, 2025) 25 Revision of Section 401 - Plant Mix Pavements - General (Subsection 401.17) (July 1, 2025) 4 Revision of Section 627 - Pavement Marking Paint (July 1, 2025) 14 Affirmative Action Requirements Equal Employment Opportunity (July 1, 2025) 13 Certified Payroll Requirements for Construction Contracts (July 1, 2025) 1 Minimum Wages, Colorado, (January 9, 2026) 6 U.S. Department of Labor General Decision Number CO20260008, Mod 0, Highway Construction for El Paso, Pueblo, and Teller counties. On the Job Training (July 1, 2025) 6 Required Contract Provisions - Federal -Aid Construction Contracts (July 1, 2025) 15 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B June 11, 2025 Revision of Section 105 Dispute Resolution Revise Section 105 of the Standard Specifications as follows: Remove and replace Subsections 105.22, "Dispute Resolution"; 105.23, "Dispute Review Board"; and 105.24, "Claims for Unresolved Disputes", as follows: 105.22 Dispute Resolution. Subsections 105.22, 105.23, and 105.24 detail the process through which the parties (CDOT and the Contractor) agree to resolve any issue that may result in a Dispute. The process intends to resolve issues early, efficiently, and as close to the project level as possible. Figure 105-1 outlines the process. Specified time frames may be extended by mutual agreement of the Engineer and the Contractor. In these subsections, when a time frame ends on a Saturday, Sunday, or holiday, the time frame shall be extended to the next scheduled workday. Definitions: Issue. A disagreement concerning contract price, contract time, interpretation of the Contract, or a combination thereof between the parties at the project level regarding or relating to the Contract. Issues include, but are not limited to, a disagreement resulting from a delay, a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, interpretations of the Contract provisions, plans, or specifications or the existence of alleged differing site conditions. Dispute. An Issue that the Contractor and CDOT have not been able to resolve, and for which the Contractor submits a written formal notice of Dispute per subsection 105.22(c). Claim. A Dispute not resolved at the Resident Engineer level or resolved after a DRB recommendation. Merit. Refers to the right of a Contractor to recover on a Claim or Dispute, irrespective of Quantum, based on the substance, elements, and grounds of that Claim or Dispute. Quantum. Refers to the quantity or amount of compensation or time (or both), if any, that may be granted to the Contractor when a Dispute or Claim is found to have Merit. The Contractor shall bring the Issue(s) to the Project Engineer's attention, in writing, within 15 days of the Contractor being aware of the Issue(s). Written notice must take the form of a stand-alone, non -chain e-mail or letter, addressed and delivered to the Project Engineer. If a Contractor provides written notice outside of the 15-day Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 1 June 11, 2025 Revision of Section 105 Dispute Resolution deadline, it shall be presumed that CDOT suffered prejudice. Where the Contractor failed to provide the required notice, the failure to provide notice may be treated as a separate and threshold Dispute to be resolved before other related Dispute(s) are submitted, addressed, or resolved. Disputes from subcontractors, material suppliers, or any other entity not party to the Contract shall be submitted through the Contractor. The review of a pass -through Dispute does not create privity of Contract between CDOT and the subcontractor. An audit may be performed by the Department for any Dispute or Claim. All audits will be completed within 90 days of the request for an audit, provided the Contractor allows the auditors reasonable and timely access to the Contractor's books and records. If CDOT does not respond within the specified timelines, the Contractor may advance the Dispute to the next review level in the dispute resolution process. When the Project Engineer is a Consultant Project Engineer, actions, decisions, and determinations specified as made by the Project Engineer shall be made by the Resident Engineer. The dispute resolution process set forth in this subsection shall be exhausted in its entirety before initiation of litigation. Failure to comply with the requirements set forth in this subsection, including notice requirements, shall bar either party from any further administrative, equitable, or legal remedies. Subject to the rebuttable presumption of prejudice to CDOT set forth above, if a deadline is missed that does not prejudice either party, further relief shall be allowed. All written notices of Dispute shall be submitted within 30 days of the date of the Project Engineer's Final Acceptance letter; see subsection 105.21(b). When a project has a landscape maintenance period, the Project Engineer will grant partial acceptance per subsection 105.21(a). This partial acceptance will be the project acceptance of all the construction work performed before this partial acceptance. All Disputes and Claims related to the work in which this partial acceptance is granted shall be submitted within 30 days of the Project Engineer's partial acceptance. Should the Contractor's Dispute use the Total Cost approach for calculating damages, damages will be determined by subtracting the contract amount from the total cost of performance. Should the Contractor's Dispute use the Modified Total Cost approach for calculating damages, if the Contractor's bid was unrealistic in part, or some of its costs were unreasonable or some of its damages were caused by its own errors, those costs and damages will be deducted from the total cost of performance to arrive at the Modified Total Cost. The Total Cost or Modified Total Cost basis for calculating Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2 June 11, 2025 Revision of Section 105 Dispute Resolution damages shall not be available for any Disputes or Claims seeking damages where the Contractor could have kept separate cost records at the time the Dispute arose as described in subsection 105.22(a). (a) Document Retention. The Contractor shall keep full and complete records of the costs and additional time incurred for each Dispute for a period of at least three years after the date of final payment or until the Dispute is resolved, whichever is longer. The Contractor, subcontractors, and lower -tier subcontractors shall provide adequate facilities, acceptable to the Project Engineer, for an audit during normal business hours. The Contractor shall permit the Project Engineer or Department auditor to examine and copy those records and all other records required by the Project Engineer to determine the facts or contentions involved in the Dispute. The Contractor shall identify and segregate any documents or information that the Contractor considers particularly sensitive, such as confidential or proprietary information. Throughout the Dispute, the Contractor and the Project Engineer shall keep complete daily records of extra costs and time incurred, per the following procedures: 1. Daily records shall identify each operation affected, the specific locations where work is affected, and the potential effect to the project's schedule. Such records shall also reflect all labor, material, and equipment applicable to the affected operations. 2. On the first workday of each week following the date of the written notice of Dispute, the Contractor shall provide the Project Engineer with the daily records for the preceding week. If the Contractor's records indicate costs greater than those kept by the Department, the Project Engineer will meet with the Contractor and present CDOT's records to the Contractor at the meeting. The Contractor shall notify the Engineer in writing within three workdays of any inaccuracies noted in, or disagreements with, the Department's records. (b) Initial Dispute Resolution Process. To initiate the Dispute resolution process, the Contractor shall provide a written notice of Dispute to the Project Engineer upon the failure of the Parties to resolve the Issue through negotiation. Disputes will not be considered unless the Contractor has first complied with specified Issue resolution processes such as those specified in subsections 104.02, 106.05, 108.08(a), and 108.08(d). The Contractor shall supplement the written notice of Dispute within 15 days with a written Request for Equitable Adjustment (REA) providing the following: (1) The date of the Dispute. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 3 June 11, 2025 Revision of Section 105 Dispute Resolution (2) The nature of the circumstances that caused the Dispute. (3) A detailed explanation of the Dispute, citing specific provisions of the Contract and any basis, legal or factual, that supports the Dispute. (4) If any, the estimated Quantum, calculated per the methods set forth in subsection 105.24(b)12, with supporting documentation. (5) An analysis of the progress schedule showing the schedule change or disruption, if the Contractor is asserting a schedule change or disruption. This analysis shall meet the requirements of subsection 108.08(d). The Contractor shall submit as much information on the Quantum and impacts to the Contract time as is reasonably available with the REA and then supplement the REA as additional information becomes available. If the Dispute escalates to the DRB process, neither party shall provide or present to the DRB any Issue or any information that was not contained in the REA and fully submitted in writing to the Project Engineer and Resident Engineer during the subsection 105.22 process. (c) Project Engineer Review. Within 15 days after receipt of the REA, the Project Engineer will meet with the Contractor to discuss the Merits of the Dispute. Within seven days after this meeting, the Project Engineer will issue a written decision on the Merits of the Dispute. The Project Engineer will either deny the Merits of the Dispute or notify the Contractor that the Dispute has Merit. This determination will include a summary of the relevant facts, Contract provisions supporting the determination, and an evaluation of all scheduling issues that may be involved. If the Dispute is determined to have Merit, the Contractor and the Project Engineer will determine the adjustment in payment, schedule, or both within 30 days. When a satisfactory adjustment is determined, it shall be implemented per subsections 106.05, 108.08, 109.04, 109.05, or 109.10, and the Dispute is resolved. If the Contractor accepts the Project Engineer's denial of the Merits of the Dispute, the Dispute is resolved, and no further action will be taken. If the Contractor does not respond in seven days, it will be assumed he has accepted the denial. If the Contractor rejects the Project Engineer's denial of the Merits of the Dispute or a satisfactory adjustment of payment or schedule cannot be agreed upon within 30 days, the Contractor may further pursue resolution of the Dispute by providing written notice to the Resident Engineer within seven days, according to subsection 105.22(e). (d) Resident Engineer Review. Within seven days after receipt of the Contractor's written notice to the Resident Engineer of unsatisfactory resolution of the Dispute, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 4 June 11, 2025 Revision of Section 105 Dispute Resolution the Project Engineer and Resident Engineer will hold at least one meeting (or more than one meeting upon mutual agreement of the parties) with the Contractor. Meetings shall continue weekly for a period of up to 30 days. Meetings shall include a Contractor's representative with decision authority above the project level to discuss the Dispute. When the Project Engineer is a Consultant and the Resident Engineer rendered the Project Engineer's written decision, the Program Engineer will render the Resident Engineer's written decision. Within 7 days after this meeting, the Resident Engineer will issue a written decision on the Merits of the Dispute. If these meetings result in the resolution of the Dispute, the resolution will be implemented per subsections 108.08, 109.04, 109.05, or 109.10, and the Dispute is resolved. If these meetings do not result in a resolution or the participants mutually agree that they have reached an impasse, the Dispute shall be presented to the Dispute Review Board per subsection 105.23. 105.23 Dispute Review Board. A Dispute Review Board (DRB) is an independent third party that will provide specialized expertise in technical areas and the administration of construction contracts. The DRB will assist in and facilitate the timely and equitable resolution of Disputes between CDOT and the Contractor in an effort to avoid animosity and construction delays, and to resolve Disputes as close to the project level as possible. The DRB shall be established and operate as provided and shall serve as an independent and impartial board. A DRB member shall not be called as a witness for future litigation. There are two types of DRBs: the "On Demand DRB" and the "Standing DRB". The DRB shall be an "On Demand DRB" unless a "Standing DRB" is specified in the Contract. An On Demand DRB may be established at any time during the project to assist with Issue and Dispute resolution and when the Project Engineer initiates a DRB review per subsection 105.23(a). A Standing DRB, when specified in the Contract, shall be established at the beginning of the project. (a) Initiation of Dispute Review Board Review. When a Dispute has not been resolved per subsection 105.22, the Project Engineer will initiate the DRB review process within five days after the period described in subsection 105.22(e). (b) Formation of Dispute Review Board. DRBs will be established per the following procedures: 1. CDOT, in conjunction with the Colorado Contractors Association (CCA), will maintain a statewide list of pre -approved DRB candidates experienced in construction processes and the interpretation of contract documents, and the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B June 11, 2025 Revision of Section 105 Dispute Resolution resolution of construction Disputes. Only individuals who have completed training (currently titled DRB Administration and Practice Training) through the Dispute Resolution Board Foundation or otherwise approved by CDOT 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(m). 2. If the Dispute has a value of $250,000 or less, the On Demand DRB shall have one member. The Contractor and CDOT shall select the DRB member and execute the Three -Party Agreement within 30 days of initiating the DRB process. If the parties do not agree on the DRB member, each shall select five candidates. Each party shall numerically rank their list using a scale of one to five, with one being their first choice and five being their last choice. If common candidates are listed, but the parties cannot agree, the common candidate with the lowest combined numerical ranking shall be selected. If there is no common candidate, the lists shall be combined, and each party shall eliminate three candidates from the list. Each party shall then numerically rank the remaining candidates, with Number 1 being the first choice. The candidate with the lowest combined numerical ranking shall be the DRB member. The CDOT Project Engineer will be responsible for having all parties execute the agreement. 3. If the Dispute has a value over $250,000, the On Demand DRB shall have three members. The Contractor and CDOT shall each select a member, and those two members shall select a third. Once the third member is approved, the three members will nominate one of them to be the Chair and execute the Three - Party Agreement within 45 days of initiating the DRB process. 4. The Standing DRB shall always have three members. The Contractor and CDOT shall each select a member, and those two members shall select a third member. Once the third member is approved, the three members will nominate one of them to be the Chair. The Contractor and CDOT shall submit their proposed Standing DRB members within five days of execution of the Contract. The third member shall be approved before the Pre -construction Conference. The third member shall be selected within 15 days of the execution of the Contract. Before construction starts, the parties shall execute the Three -Party Agreement. The CDOT Project Engineer will be responsible for having all parties execute the agreement. The Project Engineer will invite the Standing DRB members to the Pre -construction and any Project First conferences. 5. DRB members shall not have been involved in the administration of the project under consideration. CDOT and the Contractor shall inform their selected DRB member who the major firms/people are on the project and request their Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 6 June 11, 2025 Revision of Section 105 Dispute Resolution selected DRB member to review the CDOT disclosure requirements and Canon of Ethics and then submit a disclosure statement, which shall also be submitted to the other party. DRB candidates shall complete the DRB Disclosure Requirements and DRB Nominee Disclosure Form and disclose to the parties the following relationships: (1) Prior employment with either party (2) Prior or current financial interests or ties to either party (3) Prior or current professional relationships with either party (4) Anything else that might bring into question the impartiality or independence of the DRB member. (5) Before agreeing to serve on a DRB, members shall notify all parties of any other CDOT DRB's they are serving or that they will be participating in another DRB. If either party objects to the selection of the chair or other DRB members based on the disclosures, or based on information not disclosed, which might bring into question the impartiality, independence, or performance of the potential member, that potential member shall not be placed on the Board. 6. There shall be no ex parte communications with the DRB at any time. 7. The service of a Board member may be terminated only by written agreement of both parties. (c) If a Board member resigns, is unable to serve, or is terminated, a new Board member shall be selected within 30 days in the same manner as the Board member who was removed was originally selected. (d) Additional Responsibilities of the Standing Disputes Review Board 1. General. No later than 10 days after the Three -Party Agreement has been signed by the Chief Engineer, the DRB will coordinate with the parties on the date and location of the initial DRB meeting. (1) Obtain copies of the Contract documents and the Contractor's schedules for each of the Board members. (2) Agree on the location of future meetings, which shall be reasonably close to the project site. (3) Establish an address and telephone number for each Board member for the purposes of Board business. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B June 11, 2025 Revision of Section 105 Dispute Resolution 2. Regular meetings. Regular meetings of the Board shall be held approximately every 120 to 180 days throughout the life of the Contract, except that this schedule may be modified to suit developments on the job as the work progresses. Regular meetings shall be attended by representatives of the Contractor and the Department. 3. The Board shall establish an agenda for each meeting, which will cover all items that the Board considers necessary to keep it abreast of the project, such as construction status, schedule, potential problems and solutions, status of past Claims and Disputes, and potential Claims and Disputes. Copies of each agenda shall be submitted to the Contractor and the Department at least seven days before the meeting date. Oral or written presentations or both shall be made by the Contractor and the Department as necessary to give the Board all the data the Board requires to perform its functions. The Board will prepare minutes of each meeting, circulate them to all participants for comments and approval, and issue revised minutes before the next meeting. As a part of each regular meeting, a field inspection trip of all active segments of the work at the project site may be made by the Board, the Contractor, and the Department. 4. Advisory Opinions (1) Advisory opinions are typically used soon after the parties find they have a potential Dispute and have conducted preliminary negotiations, but before expenditure of additional resources and hardening their positions. Advisory opinions provide quick insight into the DRB's likely assessment of the Dispute. This process is quick and may be entirely oral, and does not prejudice the opportunity for a DRB hearing. (2) Both parties must agree to seek an advisory opinion and notify the chairperson. The procedure for requesting and issuing advisory opinions should be discussed with the DRB at the first meeting with the parties. (3) The DRB shall issue a one -page written opinion within 5 days of the hearing. (4) The opinion is only advisory and does not require acceptance or rejection by either party. If the Dispute is not resolved and a hearing is held, the oral presentations and advisory opinion are completely disregarded, and the DRB hearing procedure is followed. (5) Advisory opinions should be limited to Merit Issues only. (e) Arranging a Dispute Review Board Hearing. When the Project Engineer initiates the DRB review process, the Project Engineer will: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 8 June 11, 2025 Revision of Section 105 Dispute Resolution 1. Contact the Contractor and the DRB to coordinate an acceptable hearing date and time. The hearing shall be held at the Resident Engineer's office unless an alternative location is agreed to by both parties. Unless otherwise agreed to by both parties, an On Demand DRB hearing will be held within 30 days after the Three -Party Agreement is signed by the CDOT Chief Engineer. Unless otherwise agreed to by both parties, a Standing DRB hearing will be held within 30 days after the DRB has been requested per subsection 105.23(a). 2. Ensure DRB members have copies of all documents previously prepared by the Contractor and CDOT pertaining to the Dispute, the DRB request, the Contract documents, and the special provisions at least two weeks before the hearing. (f) Pre -Hearing Submittal. All Pre -hearing Submittals shall include only arguments, supporting documentation, Quantum, and other information as previously submitted in writing and as previously disputed in the formal Dispute process covered in subsections 105.22(b), (c), (d), and (e). All Pre -hearing Submittals planned to be used at the hearing shall be submitted to the other party 35 days before the hearing for review for compliance with this requirement. If either party contends there are new arguments, supporting documents, new Quantum, or any new information in a pre -hearing Submittal, and the other party objects to this information being presented to the DRB, the objecting party shall submit its objections in writing to the other party within 10 days. The parties shall meet within five days to reconcile the objection before the submittal is submitted to the DRB. If the parties cannot reconcile the objection, but the new argument, supporting documentation, new Quantum, or new information does not change either party's position on Merit or Quantum, the information shall be allowed in the Pre -hearing submittal and presented to the DRB. If the parties cannot reconcile the objections within the five days allowed, each party shall submit a one -page brief on their objections, but not the actual information objected to, to the DRB for a decision on the use of the documents. The DRB shall not approve any information simply because it is relevant to the Dispute or referenced during the Dispute. Neither party shall attempt to present anything to the DRB that they did not present to the other party during the Dispute process. The Dispute process shall be delayed while this determination is being made and a new hearing date set, if necessary. Pre -hearing Submittals to the DRB are as follows: 1. Joint Statement: At least 20 days before the hearing, the Joint Statement(s) shall be submitted to the DRB. The parties shall make every attempt to agree upon a Joint Statement of the Dispute. If the parties cannot agree on the Joint Statement, each party's independent statement shall be submitted to the DRB. The Joint Statement shall summarize, in a few sentences, the nature of the Dispute(s) and the scope of the desired decision. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 9 June 11, 2025 Revision of Section 105 Dispute Resolution 2. Position Paper: At least 15 days before the hearing, CDOT and the Contractor shall submit by email to the DRB Chairperson their party's Position Paper. The DRB Chairperson shall simultaneously distribute by email the Position Papers to all parties and other DRB members, if any. The Position Paper shall contain the following: (1) The basis and justification for the party's position, with reference to specific contract language and the supporting documents of each element of the Disputes. (2) A list of proposed attendees for the hearing. In the event of any objection by a party, the DRB shall make a final determination as to who attends the hearing. (3) When the scope of the hearing includes Quantum, full cost details will be calculated per the methods set forth in subsection 105.24(b)12. The Scope of the hearing will not include Quantum if CDOT has requested an audit that has not been completed. 3. Supporting Documents: At least 15 days before the hearing, each party shall submit a copy of all its supporting documents to the DRB and the other party. Supporting documents include any presentations, visuals, or handouts planned to be used at the hearing. To minimize duplication and repetitiveness, the parties are encouraged to identify a common set of documents that will be referred to by both parties and submit them in a separate package to the DRB at least 20 days before the hearing. Common documents are communications between parties, speed memos, change orders, schedules, request for equitable adjustment, correspondence, and any document used in the subsection 105.22 process. CDOT shall submit the common set of documents to the Board and the Contractor. 4. If relevant to the Dispute and requested by the Board, the Engineer shall provide to the DRB either website links, electronic PDFs, or hard copies of pertinent contract documents such as plans, specifications, and M and S Standards. (g) Pre -Hearing Phone Conference. A pre -hearing phone conference with all Board members and the parties shall be conducted as soon as a hearing date is established, but no later than 10 days before the hearing. The DRB Chairperson shall explain the specifics of how the hearing will be conducted, including how the two parties will present their information. (Ex. Each party makes a full presentation of their positions, or presentations will be made on a "point by Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 10 June 11, 2025 Revision of Section 105 Dispute Resolution point" basis, with each party making a presentation only on the individual dispute issue before moving onto the next Issue.) If the pre -hearing position papers and documents have been received by the DRB before the conference call, the Chairperson shall discuss the estimated hours of review and activities for the Disputes (such as time spent evaluating and preparing a recommendation on specific Issues presented to the DRB). If the pre -hearing position papers and documents have not been received by the Board before the conference call, another conference call will be scheduled during the initial conference call to discuss the estimated hours of review. The Engineer shall coordinate the conference call. (h) Dispute Review Board Hearing. The DRB shall preside over a hearing. The chairperson shall control the hearing and conduct it as follows: 1. An employee of CDOT presents a brief description of the project and the status of construction on the project. 2. The party that requested the DRB presents the Dispute in detail as supported by previously submitted information and documentation in the pre -hearing position paper. No new information or Disputes will be heard or addressed by the DRB. Rebuttals of the other party's arguments shall not be presented at this time. 3. The other party presents its position in detail as supported by previously submitted information and documentation. 4. The party that requested the DRB presents their rebuttals, followed by the other party's rebuttals. 5. Upon completion of their presentations and rebuttals, both parties and the DRB will be provided the opportunity to exchange questions and answers. Questions from the parties shall be directed to the Chairperson. Attendees may respond only when board members request a response. 6. Employees of each party are responsible for leading presentations at the DRB hearing. 7. Attorneys shall not participate in the hearing unless the DRB specifically addresses an Issue to them or unless agreed to by both parties. Should the parties disagree on attorney participation, the DRB shall decide on what, if any, participation will be permitted. Attorneys representing the parties are permitted to attend the hearing, provided their presence has been noted in the pre -hearing submittal. 8. Either party may use experts only if the expert has previously presented to the other party before the DRB process. A party intending to offer an outside Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 11 June 11, 2025 Revision of Section 105 Dispute Resolution expert's analysis at the hearing shall disclose such intention in the pre -hearing position paper. The expert's name and a general statement of the area of the Dispute that will be covered by his presentation shall be included in the disclosure. The other party may present an outside expert to address or respond to those Issues that may be raised by the disclosing party's outside expert. 9. If both parties approve, the DRB may retain an outside expert. The DRB chairperson shall include the cost of the outside expert in the DRB's regular invoice. CDOT and the Contractor shall equally bear the cost of the services of the outside expert employed by the DRB. 10. If either party attempts to present an argument, documentation, Quantum, or new information that the other party feels was not in the Pre -hearing submittals, the chairperson shall require the party to demonstrate where in the Pre -hearing submittals the information in question resides. 11. If either party fails to timely deliver a position paper, the DRB may reschedule the hearing one time. On the final date and time established for the hearing, the DRB shall proceed with the hearing using the information that has been submitted. 12. If a party fails to appear at the hearing, the DRB shall proceed as if all parties were in attendance. (i) Dispute Review Board Recommendation. The DRB shall issue a Recommendation per the following procedures: 1. The DRB shall not make a recommendation on the Dispute at the meeting. Before the closure of the hearing, the DRB members and the Contractor and CDOT together will discuss the time needed for analysis and review of the Dispute and the issuance of the DRB's recommendation. The maximum time shall be 30 days unless otherwise agreed to by both parties. 2. After the meeting has been closed, the DRB shall prepare a written Recommendation signed by each member of the DRB. In the case of a three - member DRB where one member dissents, that member shall prepare a written dissent and sign it. The DRB's recommendation shall include the following: A. A summary of the Issues and factual evidence presented by the Contractor and CDOT concerning the Dispute. B. Recommendations concerning the validity of the Dispute. C. Recommendations concerning the value of the Dispute as to cost impacts if Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 12 June 11, 2025 Revision of Section 105 Dispute Resolution the Dispute is determined to be valid. D. The contractual and factual bases supporting the recommendations) made, including an explanation as to why each and every position was accepted or rej ected . E. Detailed and supportable calculations that support any recommendation(s). 3. The chairperson shall transmit the signed Recommendation and any supporting documents to both parties. (j) Clarification and Reconsideration of Recommendation. Either party may request in writing clarification or reconsideration of a decision within 10 days following receipt of the Recommendation. Within 10 days after receiving the request, the DRB shall provide written clarification or reconsideration to both parties. Requests for clarification or reconsideration shall be submitted in writing simultaneously to the DRB and the other party. The Board shall not accept requests for reconsideration that amount to a renewal of a prior argument or additional argument based on facts available at the time of the hearing. The Board shall not consider any documents or arguments that have not been made a part of the pre -hearing submittal, other than clarification and data supporting previously submitted documentation. Only one request for clarification or reconsideration per Dispute from each party will be allowed. (k) Acceptance or Rejection of Recommendation. CDOT and the Contractor shall submit their written acceptance or rejection of the Recommendation, in whole or in part, concurrently to the other party and the DRB within 14 days after receipt of the Recommendation or following receipt of responses to requests for clarification or reconsideration. If the parties accept the Recommendation or a discreet part thereof, it will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the Dispute is resolved. If either party rejects the Recommendation in whole or in part, it shall give a written explanation to the other party and the DRB within 14 days after receiving the Recommendation. When the Recommendation is rejected in whole or in part by either party, the other party may either abandon the Dispute or pursue a formal Claim per subsection 105.24. If either party fails to submit its written acceptance or rejection of the Dispute Board's recommendation, according to these specifications, such failure shall constitute that party's acceptance of the Board's recommendation. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 13 June 11, 2025 Revision of Section 105 Dispute Resolution (1) Admissibility of Recommendation. Recommendations of a DRB issued per subsection 105.23 are admissible in subsequent proceedings but shall be prefaced with the following paragraph: This Recommendation may be taken under consideration with the understanding that: 1. The DRB Recommendation was a proceeding based on presentations by the parties. 2. No fact or expert witnesses presented sworn testimony or were subject to cross-examination. 3. The parties to the DRB were not provided with the right to any discovery, such as the production of documents or depositions. 4. There is no record of the DRB hearing other than the Recommendation. (m) Cost and Payments. 1. General Administrative Costs. The Contractor and the Department shall equally share the entire cost of the following to support the Board's operation: (1) Copies of the Contract and other relevant documentation (2) Meeting space and facilities (3) Secretarial services (4) Telephone (5) Mail (6) Reproduction (7) Filing 2. The Department and the Contractor shall bear the costs and expenses of the DRB equally. Each DRB board member shall be compensated at an agreed rate of $1,200 per day if time spent on -site per meeting is greater than four hours. Each DRB board member shall be compensated at an agreed rate of $800 per day if the time spent on -site per meeting is less than or equal to four hours. The time spent traveling to and from each meeting shall be reimbursed at $50 per hour if the travel distance is more than 50 miles. The agreed daily and travel time rates shall be considered full compensation for on -site time, travel expenses, transportation, lodging, time for travel of more than 50 miles, and incidentals for each day, or portion thereof, that the DRB member is at an authorized DRB meeting. No additional compensation will be made for time spent by DRB members in review and research activities outside the official DRB meetings unless that time (such as time spent evaluating and preparing recommendations on specific Issues presented to the DRB) has been specifically Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 14 June 11, 2025 Revision of Section 105 Dispute Resolution agreed to in advance by the Department and Contractor. Time away from the project that has been specifically agreed to in advance by the parties will be compensated at an agreed rate of $125 per hour. The agreed amount of $125 per hour shall include all incidentals. Members serving on more than one DRB, regardless of the number of meetings per day, shall not be paid more than the all-inclusive rate per day or rate per hour for an individual project. I Payments to Board Members and General Administrative Costs. Each Board member shall submit an invoice to the Contractor for fees and applicable expenses incurred each month following a month in which the Board members participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. The Contractor shall submit to the Department copies of all invoices. No markups by the Contractor will be allowed on any DRB costs. The Department will split the cost by authorizing a 50 percent payment on the next progress payment. The Contractor shall make all payments in full to Board members within seven calendar days after receiving payment from the Department for this work. (m) Dispute Review Board Three Party Agreement. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT COLORADO PROJECT NUMBER THIS THREE -PARTY AGREEMENT, made as of the date signed by the Chief Engineer below, by and between: the Colorado Department of Transportation, hereinafter called the "Department"; and hereinafter called the "Contractor"; and and hereinafter called the "Dispute Review Board" or "Board". WHEREAS, the Department is now engaged in the construction of the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 15 June 11, 2025 Revision of Section 105 Dispute Resolution roiect Name WHEREAS, the Contract provides for the establishment of a Board in accordance with subsections 105.22 and 105.23 of the specifications. NOW, THEREFORE, it is hereby agreed: ARTICLE I DESCRIPTION OF WORK AND SERVICES The Department and the Contractor shall form a Board in accordance with this agreement and the provisions of subsection 105.23. ARTICLE II COMMITMENT ON THE PART OF THE PARTIES HERETO The parties hereto shall faithfully fulfill the requirements of subsection 105.23 and the requirements of this agreement. ARTICLE III COMPENSATION The parties shall share equally in the cost of the Board, including general administrative costs (meeting space and facilities, secretarial services, telephone, mail, reproduction, and filing) and the member's individual fees. Reimbursement of the Contractor's share of the Board expenses for any reason is prohibited. The Contractor shall make all payments in full to the Board members. The Contractor shall submit to the Department an itemized statement for all such payments, and the Department will split the cost by including a 50 percent payment on the next progress payment. The Contractor and the Department will agree to accept invoiced costs prior to payment by the Contractor. Board members shall keep all fee records pertaining to this agreement available for inspection by representatives of the Department and the Contractor for a period of three years after the termination of the Board members' services. Payment to each Board member shall be at the fee rates established in subsection 105.23 and agreed to by each Board member, the Contractor, and the Department. In addition, reimbursement will be made for applicable expenses. Each Board member shall submit an invoice to the Contractor for fees incurred each month following a month in which the member participated in Board functions. Such invoices shall be in the format established by the Contractor and the Department. Payments shall be made to each Board member within 60 days after the Contractor and Department have received all the applicable billing data and verified the data submitted by that member. The Contractor shall make payment to the Board member within seven calendar days of receipt of payment from the Department. DISPUTE REVIEW BOARD THREE PARTY AGREEMENT PAGE 2 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 16 June 11, 2025 Revision of Section 105 Dispute Resolution COLORADO PROJECT NUMBER ARTICLE IV ASSIGNMENT Board members shall not assign any of the work to be performed by them under this agreement. Board members shall disclose any conflicts of interest, including but not limited to any dealings with either party in the previous five years other than serving as a Board member under other contracts. ARTICLE V COMMENCEMENT AND TERMINATION OF SERVICES The commencement of the services of the Board shall be in accordance with subsection 105.23 of the specifications and shall continue until all assigned Disputes under the Contract, which may require the Board's services, have been heard and a Recommendation has been issued by the Board as specified in subsection 105.23. If a Board member is unable to fulfill his responsibilities for reasons specified in subsection 105.23(b)7, he shall be replaced as provided therein, and the Board shall fulfill its responsibilities as though there had been no change. ARTICLE VI LEGAL RELATIONS The parties hereto mutually agree that each Board member in performance of his duties on the Board is acting as an independent contractor and not as an employee of either the Department or the Contractor. Board members will guard their independence and avoid any communication about the substance of the Dispute without both parties being present. The Board members are absolved of any personal liability arising from the Recommendations of the Board. The parties agree that members of the Dispute review board panel are acting as mediators for purposes of C.R.S. § 13-22-302(4) and, as such, the liability of any Dispute review board member shall be limited to willful and wanton misconduct as provided for in C.R.S. § 13-22- 305(6). Board members shall not be called as witnesses for future litigation. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed the day and year written below. BOARD MEMBER: BY: BOARD MEMBER: f1-W BOARD MEMBER: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 17 June 11, 2025 Revision of Section 105 Dispute Resolution I= CONTRACTOR: TITLE: COLORADO DEPARTMENT OF TRANSPORTATION BY: DATE: TITLE: CHIEF ENGINEER 105.24 Claims for Unresolved Disputes. The Contractor may file a Claim only if the Disputes resolution process described in subsections 105.22 and 105.23 has been exhausted without resolution of the Dispute. Other methods of nonbinding Dispute resolution, exclusive of litigation, can be used if agreed to by both parties. This subsection applies to any unresolved Dispute or set of Disputes between CDOT and the Contractor with an aggregate value of more than $15,000. Unresolved Disputes with an aggregate value of more than $15,000 from subcontractors, materials suppliers, or any other entity not a party to the Contract shall be submitted through the Contractor per this subsection as a pass -through Claim. Review of a pass -through Claim does not create privity of Contract between CDOT and any other entity. Subsections 105.22, 105.23, and 105.24 provide both contractual alternative Dispute resolution processes and constitute remedy -granting provisions pursuant to Colorado Revised Statutes (CRS), which must be exhausted in their entirety. Litigation proceedings must commence within 180 calendar days of the Chief Engineer's decision, absent a written agreement otherwise by both parties. The venue for all unresolved Disputes with an aggregate value of $15,000 or less shall be the County Court for the City and County of Denver. Non -binding Forms of alternative Dispute resolution, such as Mediation, are available upon mutual agreement of the parties for all Claims submitted per this subsection. The cost of the non -binding ADR process shall be shared equally by both parties, with each party bearing its own preparation costs. The type of nonbinding ADR process Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 18 June 11, 2025 Revision of Section 105 Dispute Resolution shall be agreed upon by the parties and shall be conducted within the State of Colorado at a mutually acceptable location. Participation in a nonbinding ADR process does not in any way waive the requirement that litigation proceedings must commence within 180 calendar days of the Chief Engineer's decision, absent written agreement otherwise by both parties. (a) Notice of Intent to File a Claim. Within 30 days after rejection of the Dispute Resolution Board's Recommendation issued per subsection 105.23, the Contractor shall provide the Region Transportation Director (RTD) with a written notice of intent to file a Claim. The Contractor shall also send a copy of this notice to the Resident Engineer. For the purpose of this subsection, Region Transportation Director shall mean the Region Transportation Director or the Region Transportation Director's designated representative. CDOT will acknowledge in writing receipt of the Notice of Intent within seven days. (b) Claim Package Submission. Within 60 days after submitting the notice of intent to file a Claim, the Contractor shall submit, to the RTD, five copies of a complete Claim package representing the final position the Contractor wishes to have considered. All Claims shall be in writing and in sufficient detail to enable the RTD to ascertain the basis and amount of the Claim. The Claim package shall include all documents supporting the Claim, regardless of whether such documents were provided previously to CDOT. If requested by the Contractor, the 60-day period may be extended by the RTD in writing before final acceptance. At a minimum, the following information shall accompany each Claim: 1. A claim certification containing the following language, as appropriate: A. For a direct Claim by the Contractor: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 19 June 11, 2025 Revision of Section 105 Dispute Resolution CONTRACTOR'S CLAIM CERTIFICATION Under penalty of law for pe jury or falsification, the undersigned, (name) , (title) I of (company) hereby certifies that the Claim of $ for extra compensation and Days additional time, made for work on this Contract is true to the best of my knowledge and belief and supported under the Contract between the parties. This Claim package contains all available documents that support the Claims made, and understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of NOTARY PUBLIC My Commission Expires: B. For a pass -through Claim: PASS -THROUGH CLAIM CERTIFICATION Under penalty of law for pe jury or falsification, the undersigned, (name) (title) I , of (company) hereby certify that the Claim of $ for extra compensation and Days additional time, made for work on this Project is true to the best of my knowledge and belief and supported under the Contract between the parties. This Claim package contains all available documents that support the claims made and understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated Subscribed and sworn before me this day of NOTARY PUBLIC My Commission Expires: Dated /s /s/ The Contractor certifies that this Claim, being passed through to CDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ Subscribed and sworn before me this day of Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 20 June 11, 2025 Revision of Section 105 Dispute Resolution NOTARY PUBLIC My Commission Expires: 2. A detailed factual statement of the Claim for additional compensation, time, or both, providing all necessary dates, locations, and items of work affected by the Claim. The Contractor's detailed factual statement shall expressly describe the basis of the Claim and factual evidence supporting the Claim. This requirement is not satisfied by simply incorporating into the Claim package other documents that describe the basis of the Claim and supporting factual evidence. 3. The date on which facts were discovered that gave rise to the Claim. 4. The name, title, and activity of all known CDOT, Consultant, and other individuals who may be knowledgeable about facts giving rise to such Claim. 5. The name, title, and activity of all known contractors, subcontractors, suppliers, and other individuals who may be knowledgeable about facts giving rise to such Claim. 6. The specific provisions of the Contract, which support the Claim, and a statement of the reasons why such provisions support the Claim. 7. If the Claim relates to a decision of the Project Engineer, which the Contract leaves to the Project Engineer's discretion, the Contractor shall set out in detail all facts supporting its position relating to the decision of the Project Engineer. 8. The identification of any documents and the substance of all oral communications that support the Claim. 9. Copies of all known documents that support the Claim. 10. The Dispute Review Board Recommendation. 11. If an extension of contract time is sought, the documents required per subsection 108.08(d), along with a statement defining if any liquidated damages should be released, if applicable. 12. If additional compensation beyond the Contract Amount is sought, the exact amount sought and a breakdown of that amount into the following categories: A. These categories represent the only costs that, if applicable, are recoverable by the Contractor. All other costs or categories of costs are not recoverable: (1) Actual wages and benefits, including FICA, paid for additional labor. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 21 June 11, 2025 Revision of Section 105 Dispute Resolution (2) Costs for additional bond, insurance, and tax. (3) Increased costs for materials. (4) Equipment costs calculated per subsection 109.04(c) for Contractor - owned equipment and based on certified invoice costs for rented equipment. (5) Costs of extended job site overhead (only applies if the Dispute also includes a time extension). (6) Salaried employees assigned to the project (only applies if the Dispute also includes a time extension or if the Dispute required salaried employee(s) to be added to the Project). (7) Claims from subcontractors and suppliers at any level (the same level of detail as specified is required for all such Claims). (8) An additional 16 percent will be added to the total of items (1) through (7) as compensation for items for which no specific allowance is provided, including profit and home office overhead. (9) Interest shall be paid per CRS 5-12-102 beginning from the date of the Notice of Intent to File Claim. B. In adjustment for the costs as allowed above, the Department will have no liability for the following items of damages or expense: (1) Profit in excess of that provided in 12.A.(8) above. (2) Loss of Profit. (3) Additional cost of labor inefficiencies in excess of that provided in A. above. (4) Home office overhead in excess of that provided in A. above. (5) Consequential damages, including but not limited to loss of bonding capacity, loss of bidding opportunities, and insolvency. (6) Indirect costs or expenses of any nature in excess of those provided in A. above. (7) Attorney's fees, Claim preparation fees, and expert fees. (c) Region Transportation Director Decision. When the Contractor properly files a Claim, the RTD will review the Claim and render a written decision to the Contractor to either affirm or deny the Claim, in whole or in part, per the following procedure. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 22 June 11, 2025 Revision of Section 105 Dispute Resolution The RTD may consolidate all related Claims on a project and issue one decision, provided that consolidation does not extend the time period within which the RTD is to render a decision. Consolidation of unrelated Claims will not be made. Within 15 days of the appeal, either party may submit a written request for a hearing with the RTD or duly authorized Region delegates. The RTD will render a written decision to the Contractor within 45 days after the receipt of the Claim package or receipt of the audit, or after the hearing, whichever is later. In rendering the decision, the RTD: (1) will review the information in the Contractor's Claim; (2) will conduct a hearing if requested by either party; and (3) may consider any other information available in rendering a decision. The RTD will assemble and maintain a Claim record comprised of all information physically submitted by the Contractor in support of the Claim and all other discoverable information considered by the RTD in reaching a decision. Once the RTD assembles the Claim record, the submission and consideration of additional information, other than for clarification and data supporting previously submitted documentation, at any subsequent level of review by anyone, will not be permitted. The RTD will provide a copy of the Claim record and the written decision to the Contractor, describing the information considered by the RTD in reaching a decision and the basis for that decision. If the RTD fails to render a written decision within the 45-day period, or within any extended time period as agreed to by both parties, the Contractor shall either: (1) accept this as a denial of the Claim, or (2) appeal the Claim to the Chief Engineer, as described in this subsection. If the Contractor accepts the RTD decision, the provisions of the decision shall be implemented per subsections 108.08, 109.04, 109.05, or 109.10, and the Claim is resolved. If the Contractor disagrees with the RTD decision, the Contractor shall either: (1) accept the RTD decision as final, or (2) file a written appeal to the Chief Engineer within 30 days from the receipt of the RTD decision. The Contractor hereby agrees that if a written appeal is not properly filed, the RTD decision is final. (d) Chief Engineer Decision. When a Claim is appealed, the RTD will provide the Claim record to the Chief Engineer. Within 15 days of the appeal, either party may submit a written request for a hearing with the Chief Engineer or duly authorized Headquarters delegates. The Chief Engineer or a duly authorized Headquarters delegate will review the Claim and render a decision to affirm, overrule, or modify the RTD decision per the following. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 23 June 11, 2025 Revision of Section 105 Dispute Resolution The Chief Engineer will render a written decision within 45 days after receiving the written appeal. The Chief Engineer will not consider any information that was not previously made a part of the Claim record, other than clarification and data supporting previously submitted documentation. The Contractor shall have 30 days to accept or reject the Chief Engineer's decision. The Contractor shall notify the Chief Engineer of its acceptance or rejection in writing. If the Contractor accepts the Chief Engineer's decision, the provisions of the decision will be implemented per subsections 108.08, 109.04, 109.05, or 109.10 and the Claim is resolved. If the Contractor disagrees with the Chief Engineer's decision, the Contractor shall either (1) pursue an alternative Dispute resolution process per this specification or (2) initiate litigation per subsection 105.24(e). If the Chief Engineer does not issue a decision as required, the Contractor may immediately initiate litigation per subsection 105.24(e). For the convenience of the parties to the Contract, it is mutually agreed by the parties that any Merit binding or De Novo litigation shall be brought within 180 calendar days from the date of the Chief Engineer's decision. The parties understand and agree that the Contractor's failure to bring suit within the time period provided shall be a complete bar to any such Claims or causes of action. (e) De Novo Litigation. If the Contractor disagrees with the Chief Engineer's decision, the Contractor may initiate de novo litigation to finally resolve the Claim that the Contractor submitted to CDOT. Such litigation shall be strictly limited to those Claims that were previously submitted and decided in the contractual Dispute and Claims processes outlined. This does not preclude thejoining in one litigation of multiple Claims from the same project, provided that each claim has gone through the Dispute and Claim process specified in subsections 105.22 through 105.24. The parties may agree, in writing, at any time, to pursue some other form of alternative dispute resolution. Any offer made by the Contractor or the Department at any stage of the Claims process, as set forth in this subsection, shall be deemed an offer of settlement pursuant to Colorado Rule of Evidence 408 and therefore inadmissible in any litigation. De novo litigation shall proceed per the Colorado Rules of Civil Procedure, and the proper venue is the Colorado State District Court in and for the City and County of Denver. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 24 June 11, 2025 Revision of Section 105 Dispute Resolution Figure 105-1 summarizes the disputes and claims process described in subsections 105.22, 105.23, and 105.24. Note: If an audit is to be performed, durations in this flowchart are extended accordingly. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 25 Revision of Section 105 Dispute Resolution Figure 105-1 Disputes and Claims Flowchart 105.22 Project Issue - Verbal discussions between Project Engineer and Supt. Contractor provides written notice of dispute to Project Engineer. 15 Days - 105.22(b) Contractor provides written REA including the following: 1. Date of dispute 2. Nature of order and circumstances causing dispute 3. Contract provisions supporting dispute 4. Estimated cost of dispute with supporting documentation 5. Analysis of progress schedule and disruption, if any 15 Days - 105.22(c) CDOT Project Engineer and Contractor discuss merit of dispute. 7 Days - 105.22(c) PE denies merit of dispute. 7 Days - 105.22(c) Contractor rejects PE's denial. Contractor provides written notice to PE. 7 Days - 105.22(d) Disagree on quantum. June 11, 2025 PE determines dispute has merit. 7 Days - 105.22(c) Project Eng/Res Eng & Supt/PM & Contractor's rep with decision authority above the project level to meet regularly to discuss dispute. (at least 1 meeting - up to 30 days) 7 days - 105.22(d) 5 days - Dispute is unresolved. An, ��ra DRB renders a 30 days - recommendation. 105.23 i Proj Eng initiates DRB process 105.23(a). DRB Hearing ;n iFigure 105-1 continued on next page Merit granted - Quantum negotiations. 30 Days - 105.22 (c) DRB agreement signed. 30 days - 105.23(e) Prehearing Submittal Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 26 June 11, 2025 Revision of Section 105 Dispute Resolution 10 days - Request for Clarification and 105.23() Reconsideration. 14days - 14days - 105.23(k) 105.23(k) Either party rejects DRB F B recommendation is recommendation. accepted. 105.23 Notice of intent 30 days - 105.24(a) to file a claim. 60 days - 105.24(b) Contractor submits certified claim package w/RTD. I Decision is implemented. RTD renders a decision. Contractor accepts. 45 days - 105.24(c) Contractor rejects and appeals 15 days - RTD decision to CE. 105.24(d)L�_ Request for hearing. 45 days - 45 days - 105.24(d) 105.24(d) Chief Engineer renders decision. 30 days - 105.24(d) Contractor rejects CE Contractor accepts CE decision. decision. Dispute is unresolved. 180 days - 105.24(d) Contractor initiates Litigation. IMerit Binding/De Novo Litigation Litigation Decision is implemented. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision of Section 107 Water Quality Control (Under One Acre of Disturbance) Section 107.25 of the Standard Specifications is hereby deleted and replaced as follows: 107.25 Water Quality Control. The project work shall be performed using practices (including but not limited to those listed below) that minimize the pollution of any State waters, including wetlands. (a) Definitions. (1) Areas of Disturbance (AD). Locations where any activity has altered the existing soil cover or topography, including vegetative and non -vegetative activities during construction. (2) Construction Site Boundary/Limits of Construction (LOC). The project area defined by the Environmental Clearance document. (3) Discharge of Pollutants. One or more pollutants leaving the Limits of Construction (LOC) or entering State waters or other conveyances. (4) Limits of Disturbed Area (LDA). Proposed limits of ground disturbance as shown on the Plans. (5) Pollutant. Dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal, or agricultural waste, as defined in the Colorado Code of Regulations (CCR) [5 CCR 1002-61, 2(76)] (6) Pollution. Man-made, man -induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. [25-8-103 (16), CRS] (7) State waters. Defined in Section 101. (b) Construction Requirements The Contractor shall comply with the "Colorado Water Quality Control Act" (Title 25, article 8, CRS), the "Protection of Fishing Streams" (Title 33, Article 5, CRS), the "Clean Water Act" (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below. In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply. If the Contractor determines construction of the project will result in a change to the activities or LDA, the Contractor shall detail the changes in a written report to the Engineer. Upon receipt of the report, the Engineer will coordinate with the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 July 1, 2025 Region Planning and Environmental Manager (RPEM) regarding the change. The Engineer, within five days after receipt of the report, will approve or reject in writing the request for change. If approved, the Engineer will detail a course of action including revision of existing permits or obtaining new permits. If construction activities result in noncompliance of any permit requirement, the project will be suspended and the permitting agency notified, if required. The project will remain suspended until the Engineer receives written approval by the permitting agency. The Contractor is legally required to obtain all permits associated with project specific water quality activities within, or off the Right of Way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities. It is the Contractor's responsibility to obtain these permits. The Contractor shall consult with the Engineer and contact the Colorado Department of Public Health and Environment (CDPHE) or other appropriate federal, state, or local agency to determine the need for any permit. The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters, as defined in section 101. Erosion control work shall be performed in accordance with Section 208, this subsection, and all other applicable parts of the Contract. Prior to construction, the Stormwater Management Plan (SWMP) Administrator, identified in Section 208, shall identify and describe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contribute pollutants to stormwater discharges associated with construction activities. The list of potential pollutants shall be continuously updated during construction. At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, as described in Section 208: (1) All exposed and stored soils. (2) Vehicle tracking of sediments. (3) Management of contaminated soils. (4) Vehicle and equipment maintenance and fueling. (5) Outdoor storage activities (building materials, fertilizers, chemicals, etc.). (6) Significant dust or particle generating processes. (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. (8) On -site waste management practices (waste piles, dumpsters, etc.). (9) Dedicated asphalt and concrete batch plants. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2 July 1, 2025 (10)Concrete truck and equipment washing, including the concrete truck chute and associated fixtures and equipment. (11)Concrete placement and finishing tool cleaning. (12) Non -industrial waste sources that may be significant, such as worker trash and portable toilets. (13) Loading and unloading operations. (14)Other areas or procedures where spills could occur. The SWMP Administrator shall record the location of potential pollutants on the site map, if applicable. Descriptions of the potential pollutants shall be added to the SWMP. Prior to construction the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site. See Section 208 for Spill Response Plan requirements. Work shall not be started until the plan has been submitted to and approved by the Engineer. On site above ground bulk storage containers with a cumulative storage shell capacity greater than 1,320 U.S. gallons, or storage containers having a "reasonable expectation of an oil discharge" to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule. Oil of any type and in any form is covered, including, but not limited to petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil. EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado. Prior to start of work, the Contractor shall submit a SPCC Form, if applicable, which has been approved by the EPA for the project. The Contractor shall obtain a Construction Dewatering (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered during construction activities and the groundwater or commingled water needs to be discharged to State waters. If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE in accordance with Section 250. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 3 July 1, 2025 Water from dewatering operations shall not be directly discharged into any State waters, unless allowed by a permit. Water from dewatering shall not be discharged into a ditch unless: 1. written permission is obtained from the owner of the ditch. 2. It is covered in the approved CDW or Remediation Permit that allows the discharge. 3. A copy of this approval is submitted to the Engineer. A copy of the Permit shall be submitted to the Engineer prior to dewatering operations commencing. Construction Dewatering may be discharged to the ground on projects where CDPHE's Low Risk Guidance Document for Discharges of Uncontaminated Groundwater to Land are met. The conditions of this guidance are: The source of the discharge is solely uncontaminated groundwater or uncontaminated groundwater combined with stormwater and does not contain pollutants in concentrations that exceed water quality standards for groundwater referenced above. 2. Discharges from vaults or similar structures shall not be contaminated. Potential sources of contamination include process materials used, stored, or conveyed in the structures, or introduced surface water runoff from outside environments that may contain oil, grease, and corrosives. 3. The groundwater discharge does not leave the project boundary limits where construction is occurring. 4. Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc. 5. Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing control measures that are designed to reduce velocity flow. If the control measures used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall. The constructed containment shall prevent the discharge of the ponding water offsite as runoff. 6. A visible sheen is not evident in the discharge. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 July 1, 2025 7. Control measures are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances. 8. All control measures used shall be selected, installed, implemented, and maintained according to good engineering, hydrologic, and pollution control practices. The selected control measures shall provide control for all potential pollutant sources associated with the discharge of uncontaminated groundwater to land. The discharge shall be routed in such a way that it will not cause erosion to land surface. Energy dissipation devices designed to protect downstream areas from erosion by reducing the velocity of flow (such as hose attachments, sediment and erosion controls) shall be used when necessary to prevent erosion. All dewatering operations shall be recorded in the SWMP as follows: 1. The source is identified in the SWMP and updated by the Contractor. 2. The SWMP describes and locates the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater. 3. The SWMP describes and locates the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the LOC as surface runoff or to surface waters or storm sewers. 4. Groundwater and groundwater combined with stormwater do not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. If surface waters are diverted around a construction area and no pollutants are introduced during the diversion, a CDW Permit is not required. If the diverted water enters the construction area and contacts pollutant sources (e.g., disturbed soil, concrete washout, etc.), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground. At least 15 days prior to commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities, if these facilities are within 20 miles downstream from the dredging or fill operations. Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project. Identities of downstream owners Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 5 July 1, 2025 and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer. Temporary fill into wetlands or streams shall not be allowed, except as specified in the Contract and permits. If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of flood plains unless otherwise specified in the Contract. Construction operations in waters of the United States as defined in 33 CFR Part 328.3, including wetlands, shall be restricted to areas and activities authorized by the U.S. Army Corps of Engineers as shown in the Contract. Fording waters shall be allowed only as authorized by the U.S. Army Corps of Engineers 404 Permit. Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow material, or any other construction support activity. Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill material, and material from sediment traps shall be handled, stockpiled, and disposed of in a manner that prevents entry into State waters, including wetlands. Removal of concrete waste and washout water from mixer trucks, concrete finishing tools, concrete saw, and all concrete material removed in the course of construction operations or cleaning shall be performed in a manner that prevents waste material from entering State waters and shall not leave the site as surface runoff. A minimum of ten days prior to the start of the construction activity, the Contractor shall submit in writing a Method Statement for Containing Pollutant Byproducts to the Engineer for approval. The use of chemicals such as soil stabilizers, dust palliatives, herbicides, growth inhibitors, fertilizers, deicing salts, etc., shall be in accordance with the manufacturer's recommended application rates, frequency, and instructions. All materials stored on -site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer's label. Materials shall not be stored in a location where they may be carried into State waters at any time. Spill prevention and containment measures conforming to Section 208 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands. All spills shall be cleaned up immediately after discovery, or contained until appropriate cleanup methods can be employed. Manufacturer's recommended methods for spill cleanup shall be followed, along with proper disposal methods. When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B C. July 1, 2025 The Contractor shall prevent construction activities from causing grass or brush fires. The construction activities shall not impair Indian tribal rights, including, but not limited to, water rights, and treaty fishing and hunting rights. Prior to start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned prior to initial site arrival. Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site. Additional equipment required for construction shall also be certified prior to being brought onto the project site. Vehicles which have been certified by the Contractor as having been cleaned prior to arrival on site may be cleaned on site at an approved area where wash water can be properly contained. Vehicles leaving and reentering the project site shall be recertified. At the end of each day the Contractor shall collect all trash and dispose of it in appropriate containers. All construction site wastes shall be properly managed to prevent potential pollution of State waters. Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropriate containers. This material may be stockpiled on the project when it is contained or protected by an appropriate control measure. Discharges from the project area shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any applicable water quality standard, including narrative standards for water quality. Stormwater Construction Permit. A Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) is not required for this project. A CDPS-SCP will be obtained from CDPHE, if any of the following activities apply: (1) Construction sites that will disturb one acre or more; or (2) Construction sites that are part of a common plan of development or sale; or (3) It is specified in the contract; or Stormwater discharges that are designated by the division as needing a stormwater permit because the discharge: 1. Contributes to a violation of a water quality standard; or 2. is a significant contributor of pollutants to State waters. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 7 July 1, 2025 Dewatering, erosion control for dewatering, and disposal of water resulting from dewatering operations, including all costs for permits, will not be measured and paid for separately, but shall be included in the work. The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor's noncompliance with any water quality permit or certification. Monetary fines shall be deducted from any money due to the Contractor. If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess. The Contractor shall not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineering, hydrologic and pollution control practices. If a spill occurs as a direct result of the Contractor's actions or negligence, the cleanup of such spill shall be performed by the Contractor at the Contractor's expense. Areas exposed to erosion by fire resulting from the Contractor's operations shall be stabilized in accordance with Section 208 by the Contractor, at the Contractor's expense. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision of Section 108 Liquidated Damages Revise Section 108.09 of the Standard Specifications as follows: In subsection 108.09 delete the schedule of Liquidated Damages and replace it with the following: Original Contract Amount ($) Liquidated Damages per Calendar Day ($) From More Than To And Including 0 1,000,000 1,300 1,000,1000, 2,000,000, 1 2; 300 2,000,000 5,000,000 3,100 5, 000,E 10,000,00011 6,800, 10, 000, 000 25, 000, 000 8,800 25, 000, 000 ----- 9,700 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Revision of Section 207 Topsoil Delete Section 207 of the Standard Specifications for this project and replace it with the following: Description 207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and preparing the subsoils for the placement of the topsoil at locations shown on the plans. It also includes creating seeding media by amending subsoils, and importing offsite topsoil when shown on the plans. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Region or Headquarters Landscape Architect. Materials 207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. Topsoil shall be generated from one or more of the following as shown on the plans: (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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B I (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. 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B I Table 207-1 Physical Properties of Seeding Media Property Range Test ASA Mono. #9, Part 2, Soil pH (s.u.) 5.6 - 7.5 Method 10-3.2 or TMECC 04.11-A Soil Electrical Conductivity (EC) < 5.0 ASA Mono. #9, Part 2, (mmhos/cm or ds/m) Method 10-3.3 Soil SAR (s. u .) 0 - 10 A SA Mono. #9, Part 2,Method 10-3.4 USDA NRCS Rock Rock Content (%) < 25 Fragment Modifier Usage Trace Contaminants TMECC 04.06 or (Arsenic, Cadmium, Copper, Meets US EPA, 40 CFR EPA6020/ASA Mercury, Selenium, Zinc, Nickel, 503 Regulations (American Society of and Lead) Agronomy) Rock Content (%) greater than 3" USDA NRCS Rock diameter < 25 Fragment Modifier Usage No more than 70% ASA Monograph #9, Part USDA Soil Texture clay, silt, and sand by 1, Method 15-4 percentage volume of or topsoil. ASA 1 43-5 All Particle Sizes < 6 Inches Physical contaminants (man-made < 1 TMECC 03.08-C inerts) (%) C: N ratio <20 TMECC 05.02-A * Fines % when manufacturing >25% material passing ASTM D6913 material from rock I through #4 sieve 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B I 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) < 2.0 ASA Mono. #9, Part 2, (mmhos/cm or ds/m) Method 10-3.3 Soil SAR (s. u .) 0 - 10 A SA Mono. #9, Part 2,Method 10-3.4 Methods of Soil Soil OM (%) 3-5 Analysis, Part 3, Method 34 Methods of Soil Analysis, Part 3. Soil N (NO3-n, ppm) > 20.0 Chemical Methods. Ch. 38 Nitrogen - Inorganic Forms ASA Mono. #9, Part 2, Soil P (ppm) > 13.0 Method 24-5.4 or others as required based on soi I pH Soi I K (ppm) 80 ASA Mono. #9, Part 2, —> Method 13-3.5 Rock Content (%) greater than 3" USDA NRCS Rock diameter < 25 Fragment Modifier Usage Bioassay (seedling emergence and TMECC 05.05-A or relative vigor) ° > 80% of control Approved Germination Test No more than 70% Soil Texture clay, silt and sand ASA Mono. #9, Part 1, by percentage Method 15-4 volume of topsoil Physical contaminants (man-made < 1 TMECC 03.08-C inerts) (%) Trace Contaminants Meets US EPA, 40 TMECC 04.06 or (Arsenic, Cadmium, Copper, Mercury, CFR 503 EPA6020/ASA Selenium, Zinc, Nickel, and Lead) Regulations (American Society of Agronomy) All Particle Sizes < 6 Inches C: N ratio <20 TMECC 05.02-A The Contractor shall utilize a rod penetrometer for determining subgrade soil preparation and determining looseness of soil after ripping. The penetrometer shall have a psi pressure gage, and shall meet the following requirements: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B rd (1) Steel rod with a minimum diameter of 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. 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B M 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. 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B I 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. 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B VIA 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision of Section 208 Erosion Control (Under One Acre of Disturbance) Delete Section 208 of the Standard Specifications and replace it with the following: Description 208.01 This work consists of constructing, installing, maintaining, and removing when required, control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any State waters as defined Section 101. Stormwater runoff from all disturbed areas and soil storage areas for which permanent or interim stabilization is not implemented, must flow to at least one control measure to minimize sediment in the discharge. This shall be accomplished through filtering, settling, or straining. The control measure shall be selected, designed, installed, and adequately sized in accordance with good engineering, hydrologic, and pollution control practices. The control measures shall contain or filter flows in order to prevent the bypass of flows without treatment and shall be appropriate for stormwater runoff from disturbed areas and for the expected flow rate, duration, and flow conditions (i.e., sheet or concentrated flow). The Contractor shall coordinate the construction of temporary control measures with the construction of permanent control measures to assure economical, effective, and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately, it shall be understood that the Contractor shall at once begin affecting completion of the action and pursue it to completion in a manner acceptable to the Engineer. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 Materials July 1, 2025 208.02 Erosion control materials are subject to acceptance in accordance with Section 106. Erosion control materials shall be subject to the following approval process: Material Approval Notes: Process The Contractor shall provide a transit Erosion Bales (Weed Free) COC certificate number or a copy of the transit certificate as supplied from the producer. Silt Fence COC Si It Berm APL Erosion Log (Type 1, Type 2, and Type 3) COC Silt Dikes COC Pre -fabricated Concrete Washout APL Structures (above round) Pre -fabricated Vehicle Tracking APL Pad Aggregate Bag COC Storm Drain Inlet APL Protection (Type I, II, and III) COC = Certificate of Compliance; APL= Approved Product List The material for control measures shall conform to the following: (a) Erosion Bales. Material for erosion bales shall consist of Certified Weed Free hay or straw. The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS. Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected them. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2 July 1, 2025 Colorado Department of Agriculture, Weed Free Forage Program, 305 Interlocken Pkwy, Broomfield, CO 80021 Contact the Weed Free Forage Coordinator at (303) 869-9038. Also available at www.colorado.qov/aq/csd. Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 1.5 inch by 1.5 inch by 30 inch actual. (b) Silt Fence. Silt fence posts shall be wood with a minimum length of 46 inches. Wood posts shall be 1.5-inch width by 1.5-inch thickness actual dimensions with 1/8-inch tolerance. Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles Self -Supported Wire Fence Requirements Property Supported Geotextile Test Method Requirements Elongation <50% Grab Strength, 90 minimum 124 minimum ASTM D4632 lbs. Permittivity sec-1 0.05 0.05 ASTM D4491 Ultraviolet Minimum 70% Minimum 70% Stability Strength Strength ASTM D4355 Retained Retained Silt Fence (Reinforced). Silt fence posts shall be metal "studded tee" T-post with a minimum length of 66 inches. Metal posts shall be "studded tee" with 0.095-inch minimum wall thickness. Wire fabric reinforcement for the silt fence geotextile shall be a minimum of 14 gauge with a maximum mesh spacing of 6 inches. Geotextile shall be attached to welded wire fabric with ties or nylon cable ties at 12 inches on center at top, middle and bottom wire. Welded wire fabric shall be attached to the post with a minimum three 12-gauge wire ties per post. Vinyl or rubber safety caps shall be installed on all T-post. (c) Temporary Berms. Temporary berms shall be constructed out of compacted embankment (subsoil) and not out of salvaged topsoil. (d) Temporary Slope Drains. Temporary slope drains shall consist of fiber mats, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 3 July 1, 2025 plastic sheets, stone, concrete or asphalt gutters, half round pipe, metal or plastic pipe, wood flume, flexible rubber, or other materials suitable to carry accumulated water down the slopes. Outlet protection riprap shall conform to Section 506. Erosion control geotextile shall be a minimum Class 2, conforming to Section 712. (e) Silt Berm. Silt berm shall consist of permeable multi -use material consisting of ultraviolet (UV) stabilized high -density polyethylene or other approved material effective in reducing water velocity. Designed and tested system shall be installed on a Turf Reinforcement Mat or Soil Retention Blanket in accordance with Section 216. The segment shall be secured to the ground with either metal or wood stakes. Minimum requirements for securing stakes shall be in accordance with the plans. Dimensions of individual segments shall meet the following criteria: Width Height Weight Percent Open Area 6 - 11 inches 6 - 10 inches > 0.25 lbs./sq. ft. 20 - 50% (f) Rock Check Dam. Rock Check dams shall be constructed of stone. Stone shall meet the requirements of Section 506. (g) Sediment Trap. In constructing an excavated sediment trap, excavated soil may be used to construct the dam embankment, provided the soil meets the requirements of Section 203. Outlet protection riprap shall be the size specified in the Contract and shall conform to Section 506. Erosion control geotextile shall be a minimum Class 1, conforming to Section 712. (h) Erosion Logs. Erosion logs shall be one of the following types unless otherwise shown on the plans: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 July 1, 2025 (1) Erosion Log (Type 1) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo -degradable tube netting. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log (Type 2) shall consist of cylinder casings filled with Erosion Log (Type 2) Compost in accordance with Section 212. The compost -wood chip blend may be pneumatically shot into a geotextile cylindrical casing or be pre - manufactured. The geotextile casing shall consist of high density polyethylene (HDPE) or polypropylene mesh (knitted, not extruded) with openings of to 3/8 inch and contain the compost -wood chip material while not limiting water infiltration. (3) Erosion Log (Type 3) shall consist of cylinder casings filled with curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, 100 percent natural fiber cylinder netting (compostable) and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log shown on the plans. Netting shall be a woven cotton or cellulose base mesh that has an approval to compost certification with a maximum mesh size of 0.075 inches and index values as shown in Table 208-2. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. Natural compostable fiber netting shall not contain any synthetic material woven into the netting such as polypropylene, nylon, polyethylene, or polyester dyes. Oxo-degradable or oxo-biodegradable petrochemical -based fiber shall not be part of the netting material. Burlap netting material shall not be used for Erosion Log (Type 3) . Erosion Log (Type 1, Type 2, and Type 3) shall have minimum dimensions as shown in Table 208-1, based on the specified diameter of the log. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 5 Table 208-1 Dimensions of Erosion Logs Diameter Diameter T e 2 Min. Max. Weight minimum Stake Dimensions Type 1 & 3 (inches) Length Length (pounds/foot) (Inches) (Inches) (ft) (ft) 9 8 10 180 1.6 3/4 thickness by 3/4 width by 18 long 12 12 10 180 2.5 1.5 thickness by 1.25 width by 24 long 20 18 10 100 4.0 1.5 thickness by 1.25 width by 30 long Wood stake acceptable tolerance +/- 1 /8 inch. Table 208-2 Index Values for Natural Fiber Netting Property Requirement Test Method Fabric Tensile Strength >70 lbs. ASTM D3822 Biodegradable 100% ASTM D5988 Mesh Pattern Rib Stakes to secure erosion logs shall consist of pinewood or hardwood. (i) Silt Dikes. Silt dikes shall be pre -manufactured flexible sediment barrier that will fully rebound when driven over by heavy equipment. Material shall consist of outer geotextile fabric covering closed cell urethane or polyethylene foam core. The geotextile fabric aprons shall extend beyond the foam core a minimum of 8 inches on both sides. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 C. Table 208-3 Geotextile Requirements Property Requirement Test Method Water Flow Rate 100-150 gallons per minute/square foot ASTM D4491 Grab Breaking Load 200 lbs. minimum in each direction ASTM D4632 Ultraviolet Degradation 70% of original unexposed grab breaking load after 500 hours ASTM D4595 Each silt dike segment shall have the following dimensions: Dimension Length Vertical height after installation >5 inches Geotextile sleeve section to interlock segments >8 inches Silt dike segments shall be anchored down using the minimum requirements shown in Table 208-4. Table 208-4 Silt Dike Segment Requirements Surface Nail Washers Soil Surface Installed in 4 inch deep trench with 6 inch 1 inch washers nails no more than 4 feet O.C. (on center) 1 inch concrete nails no more than 4 feet 1 inch washers Hard Surface 0 C. and solvent - free adhesive () Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement, construction equipment cleaning operations, and residue from cutting, coring, grinding, grooving, and hydro -concrete demolition. Embankment required for the concrete washout structure may be excavated material, provided that this material meets the requirements of Section 203 for embankment. If the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 7 Table 208-5 Impermeable Synthetic Liner Requirements Tested Property Test Method Units Value Thickness ASTM D5199 mil >30 +/- 1.5 Tear Strength ASTM D1004 lbs. >8 Low Temperature ASTM D1790 OF Pass at -20 Impact (k) Pre -Fabricated Concrete Washout Structure. Pre -Fabricated Concrete Washout Structures shall be one of the following types unless otherwise shown on the plans: (1) Pre -Fabricated Concrete Washout Structure (Type 1). Type 1 portable bins shall be used only when specified in the Contract. It shall consist of a watertight multi -use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -concrete demolition. Minimum capacity including freeboard shall be 440 gallons. (2) Pre -Fabricated Concrete Washout Structure (Type 2). Type 2 portable bins shall be used only when specified in the Contract. It shall consist of a watertight one-time use container designed to contain liquid concrete washout wastewater, solid residual concrete waste from washout operations, and residue from saw cutting, coring, grinding, grooving, and hydro -concrete demolition. The structure shall have a system to secure to the ground. Minimum capacity including freeboard shall be 50 gallons. (I) Vehicle Tracking Pad (VTP). Aggregate for the vehicle tracking pad shall be crushed natural aggregate with at least two fractured faces that meets the following graduation requirements: Sieve size Percent by weight Passing Square Mesh Sieves 75 mm (3 inch) 100 50 mm (2 inch) 0 to 25 19.0 mm (3/4 inch) 0 to 15 Recycled crushed concrete or asphalt shall not be used for vehicle tracking pads. Erosion control geotextile shall be a minimum Class 2, conforming to Section 712. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Pre -Fabricated or manufactured vehicle tracking pads shall only be used if specified in the Contract. Multi -use pads shall consist of industrial grade materials and shall be designed to minimize sediment leaving the project. Minimum dimensions of the modular systems shall be: Width Len th 2!1 12 feet 35 To accommodate construction traffic turning radii between the tracking pad and a stabilized surface, additional flared sections of approved pads or aggregate in accordance with this specification shall be used at no additional cost to CDOT. Weight (min.) (lbs./s . ft.) Crush strength (min.) (psi) 8 400 A thin layer of stone, geotextile, or other stable surface may be required to stop rutting under the pad or area where the vehicles mount or dismount the manufactured trackout control device. (m) Aggregate Bag. Aggregate bags shall consist of crushed stone or recycled rubber filled fabric with the following properties: Diameter (inches) Weight (minimum) (pounds per foot) 6-8 6 10 10 12 15 Rubber used in bags shall be clean, 95 percent free of metal and particulates. Crushed stone contained in the aggregate bags shall conform to Table 703-1 for Coarse Aggregate No. 6. The aggregate bag shall consist of a woven geotextile fabric with the following properties: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 �9 Property Requirement Test Method Grab Tensile Strength 90 lbs. min. ASTM D4632 Trapezoid Tear Strength 25 lbs. min. ASTM D4533 Mullen Burst 300 psi ASTM D3786 Ultraviolet Resistance 70% ASTM D4355 (n) Storm Drain Inlet Protection. Storm drain inlet protection shall consist of aggregate filled fabric with the following dimensions: Storm Drain Inlet protection Protection Protection Protection Type I* Type II# Type III 4 Properties Diameter 4 in. 4 in. N/A Minimum Section 7 ft. 5 ft. 5 ft. Length 30 in. or 30 in or Apron Insert --- sized to sized to grate grate *Type I protection shall be used with Inlet Type R. #Type II protection shall be used with Combination Inlet. Option A or B 4 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: Property Test Method Unit Requirement Grab tensile ASTM D4632 lbs. minimum strength 150X200 Mullen Burst ASTM D3786 lbs. 400 Strength Trapezoid Tear ASTM D4533 lbs. minimum 60X60 Strength Percent Open Area COE-8262125- ova 2!20 Water Flow Rate ASTM D4491 gal./fin . /sq > 100 Ultraviolet ASTM 1)4355 % 270 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B W July 1, 2025 Property Test Method Unit Requirement Resistance Curb roll for Storm Drain Inlet Protection (Type I and II) shall have a weight >4 pounds per linear foot of device. The device shall be capable of conforming to the shape of the curb. Aggregate contained in the storm drain inlet device shall consist of gravel or crushed stone conforming Table 703-1 for Coarse Aggregate No. 6. CONSTRUCTION REQUIREMENTS 208.03 Project Review, Schedule, and Erosion Control Management. Prior to construction the Contractor shall implement control measures in accordance with the approved project schedule as described in this section. At the Pre -Construction Conference, the attendees shall discuss the Stormwater Management Plan (SWMP), maintaining water quality standards, sensitive habitats on - site, wetlands, other vegetation to be protected, and the enforcement mechanisms for not meeting the requirements of this specification. Prior to beginning construction, the Contractor shall evaluate the project site for storm water draining into or through the site. When such drainage is identified, control measures shall be used if possible to divert stormwater from running on -site and becoming contaminated with sediment or other pollutants. The diversion may be accomplished with a temporary pipe or other conveyance to prevent water contamination or contact with pollutants. Run-on water that cannot be diverted shall be treated as construction runoff and adequate control measures shall be employed. The SWMP Administrator shall evaluate all non-stormwater coming onto the site, such as springs, seeps, and landscape irrigation return flow. If such flow is identified, control measures shall be used to protect off -site water from becoming contaminated with sediment or other pollutants. The SWMP Administrator shall review existing inlets and culverts to determine if inlet protection is needed due to water flow patterns. Prior to beginning construction, inlets and culverts needing protection shall be protected and the location of the implemented control measure added to the SWMP site map. Prior to construction, the Contractor shall implement appropriate control measures for protection of wetlands, sensitive habitat, and existing vegetation from ground disturbance and other pollutant sources, in accordance with the approved project schedule as described in Section 208. When additional control measures are required and approved by the Engineer, the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B ilk July 1, 2025 Contractor shall implement the additional control measures and the SWMP Administrator shall record and describe them on the SWMP site map. The approved control measures will be measured and paid for in accordance with Section 208. (a) Project Review. The Contractor shall submit modifications to the Contractor's control measures or SWMP in a written proposal to the Engineer. The written proposal shall include the following information: (1) Reasons for changing the control measures. (2) Diagrams showing details and locations of all proposed changes. (3) List of appropriate pay items indicating new and revised quantities. (4) Schedules for accomplishing all erosion and sediment control work. (5) Effects on certifications caused by the proposed changes. The Engineer will approve or reject the written proposal in writing within seven days after receipt of the submittal. The Engineer may require additional control measures prior to approving the proposed modifications. Additional modifications and additional control measures will be paid for at the Contract Unit Price for the specific items involved. If no items exist, they will be paid for as extra work in accordance with Section 109. (b) Erosion and Sediment Control Activities. The erosion and sediment control activities shall be included in the weekly meeting update. The project schedule shall specifically indicate the sequence of clearing and grubbing, earthwork operations, and construction of temporary and permanent erosion control features and stabilization. The project schedule shall include erosion and sediment control work for haul roads, borrow pits, storage, asphalt or concrete batch sites, and all areas within the project limits. If during construction the Contractor proposes changes which would affect the Contract's control measures, the Contractor shall propose revised control measures to the Engineer for approval in writing. If necessary, the Contractor shall update proposed sequencing of major activities in the SWMP. Revisions shall not be implemented until the proposed measures have been approved in writing by the Engineer. (c) Erosion Control Management (ECM). Erosion Control Management for this project shall consist of SWMP Administration and Erosion Control Inspection. All ECM staff shall have working knowledge and experience in construction, and shall have successfully completed the Transportation Erosion Control Supervisory Certificate Training (TECS) as provided by the Department. The Superintendent may be permitted to serve in an ECM role, unless otherwise specified in the contract. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 12 July 1, 2025 1. SWMP Administration. The SWMP shall be maintained by a SWMP Administrator. The name of the SWMP Administrator shall be recorded on the SWMP. The SWMP Administrator shall have full responsibility to maintain and update the SWMP and identify all critical action items needed to maintain water quality standards: (1) Complete the SWMP as described in Section 208. (2) Participate in the Pre -Construction Conference. (3) Attend erosion and sediment control meetings. (4) Implement necessary actions to reduce erosion or water quality problems, anticipated or presently existing, resulting from construction activities. (5) Ensure that all labor, material, and equipment needed to install, maintain, and remove control measures are available as needed. (6) During construction, the SWMP site map shall be updated to reflect current field conditions and include, at a minimum, the following if applicable: (i) Limits of Construction (LOC). (ii) Areas of disturbance (AD), including areas of borrow and fill. (iii) Limits of Disturbance (LDA). (iv) Areas used for storage of construction materials, equipment, soils, or wastes. (v) Location of dedicated asphalt, concrete batch plants, and masonry mixing stations. (vi) Location of construction offices and staging areas. (vii) Location of work access routes during construction. (viii) Location of waste accumulation areas, including areas for liquid, concrete, masonry, and asphalt. (ix) Location of temporary, interim and permanent stabilization. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 13 (x) Location of outfalls. July 1, 2025 (xi) Flow arrows that depict stormwater flow directions on -site and runoff direction. (xii) Location of structural and non-structural control measures. (xiii) Location of springs, streams, wetlands, and other State waters, including areas that require pre-existing vegetation be maintained within 50 horizontal feet of a receiving water, unless infeasible. (xiv) Location of stream crossings located within the construction site boundary. (7) Start a new site map before the current one becomes illegible. All site maps shall remain as part of the SWMP. (8) Install control measures according to Standard Plans M-208-1, M-216-1, and M-615-1. (9) Record in the SWMP, the approved Method Statement for Containing Pollutant Byproducts. (10) Update the Potential Pollutants list in the SWMP and Spill Response Plan throughout construction. 2. Erosion Control Inspector (ECI). The SWMP Administrator shall complete the duties of the ECI. (1) ECI duties shall be as follows: (i) Inspect initial placement and adherence to approved SWMP and SWMP site plan control measures (ii) Assess the adequacy of control measures at the site to identify areas requiring new or modified control measures to minimize pollutant discharges. (iii) Identify all areas of concern that may impact water quality and, if necessary, implement corrective actions. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B iv July 1, 2025 (iv) Ensure all other agency Stormwater and inspection requirements are followed unless a waiver or other agreement has been made. (2) The ECI shall immediately report to the Contractor and Engineer the following instances: (i) Noncompliance which may endanger health or the environment, regardless of the cause of the incident. (ii) Spills or discharges which exceeds any water quality standards. (iii) Upset conditions which cause an exceedance of any water quality standards. (3) Document spills, leaks, or overflows that result in the discharge of pollutants. The ECI shall record the time and date, weather conditions, reasons for spill, and how it was remediated. (d) Documentation Available on the Project. The following Contract documents and references shall be made available for reference at the CDOT field office during construction: 1. SWMP. The Engineer will provide an approved SWMP design (includes items (1) through (4) as listed below) at the Pre -construction Conference, which is and shall remain the property of CDOT. The following Contract documents and reports shall be included or kept maintained, (as applicable), and updated in the SWMP under the appropriate items by the SWMP Administrator: (1) SWMP Plan Sheets - Notes, tabulation, site description, sequence of major activities, area of disturbance, existing soil data, existing vegetation percent cover, potential pollutant sources, receiving water, non-stormwater discharges and environmental impacts. (2) SWMP Site Maps and Project Plan Title Sheet, if included in the original contract. (3) Specifications - Standard and project special provisions related to stormwater and erosion control. (4) Standard Plans M-208-1, M-216-1 and M-615-1. (5) Control measure Details not in Standard Plan M-208-1 - project specific non- standard details. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 15 July 1, 2025 (6) All Water Quality Audit Reports and Form 105(s) relating to Water Quality, if applicable. (7) Spill Response Plan - Reports of reportable spills submitted to CDPHE. (8) List and Evaluation of Potential Pollutants - List of potential pollutants as described in Section 107 and approved Method Statement for Containing Pollutant Byproducts. (9) Other Correspondence including agreements with other Municipal Separate Storm Sewer System (MS4s), approved deferral request, CDPHE audit documentation. (10) TECS Certifications of the SWMP Administrator, kept current through the life of the project. (11) Pre -construction Conference- Conference agenda with a certification of understanding for maintaining water quality standards and SWMP. The certification shall be signed by all attendees. A certification shall also be signed by all attendees of meetings held for new subcontractors beginning work on the project that could adversely affect water quality after the Pre - construction Conference has been held, if applicable. (12) All Project Environmental Permits - All project environmental permits and associated applications and certifications, including, water quality standards, Senate Bill 40, USACE 404, temporary stream crossings, dewatering, biological opinions, and all other permits applicable to the project, including any separate permits obtained by the Contractor for staging area on private property, asphalt or concrete batch plant, etc. The Engineer will incorporate the documents and reports available at the time of award. The Contractor shall provide and insert all other documents and reports as they become available during construction. 2. Reference Materials. The following Reference materials shall be used: (1) CDOT Erosion Control and Stormwater Quality Guide. (2) CDOT Erosion Control and Stormwater Quality Field Guide. (e) Weekly Meetings: If applicable, the Contractor shall conduct a weekly meeting with the Engineer and subcontractors to discuss construction activities that could adversely affect water quality, including the following: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 (1) Unresolved issues from observations. (2) Requirements of the SWMP. (3) Problems that may have arisen in implementing the site specific SWMP or maintaining control measures. (4) Control measures that are to be installed, removed, modified, or maintained, and associated SWMP modifications. (5) Planned activities that will affect stormwater in order to proactively phase control measures. 208.04 Control Measures for Stormwater. The SWMP Administrator shall modify the SWMP to clearly describe and locate all control measures implemented at the site to control potential sediment discharges. Vehicle tracking pads shall be used at all vehicle and equipment exit points from the site to prevent sediment exiting the limits of construction (LOC) of the project site. Access shall be provided only at locations approved by the Engineer. The SWMP Administrator shall record vehicle tracking pad locations on the SWMP site map. New inlets and culverts shall be protected during their construction. Appropriate protection of each culvert and inlet shall be installed immediately. When riprap is called for at the outlet of a culvert, it shall be installed within 24 hours of completion of each pipe. The Contractor shall remove sediment, millings, debris, and other pollutants from within the newly constructed drainage system, prior to use, at the Contractor's expense. All removed sediment shall be disposed of outside the project limits in accordance with all applicable regulations. Concrete products wasted on the ground during construction including, but not limited to, excess concrete removed from forms, spills, slop, and all other unused concrete are potential pollutants that shall be removed from the site or contained at a pre -approved containment area that has been identified in the SWMP. The concrete shall be picked up and recycled in accordance with 6 CCR 1007-2 (CDPHE Regulations Pertaining to Solid Waste Sites and Facilities) at regular intervals, as needed, or as directed by the Engineer. (a) Unforeseen Conditions. The Contractor shall design and implement erosion and sediment control measures for correcting conditions unforeseen during the design of the project, or for emergency situations that develop during construction. The Department's Erosion Control and Stormwater Quality Guide shall be used as a reference document for the purpose of designing erosion and sediment control Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 17 July 1, 2025 measures. Measures and methods proposed by the Contractor shall be reviewed and approved in writing by the Engineer prior to installation. (b) Other Agencies. If CDPHE, US Army Corps of Engineers (USAGE), the Environmental Protection Agency (EPA), or a Local Agency reviews the project site and requires additional measures to prevent and control erosion, sediment, or pollutants, the Contractor shall cease and desist activities resulting in pollutant discharge and immediately implement these measures. If the work may negatively affect another MS4, the Contractor shall cease and desist activities resulting in the discharge and shall implement appropriate measures to protect the neighboring MS4, including installing additional measures. Implementation of these additional measures will be paid for at contract unit prices. (c) Work Outside the Right of Way. Disturbed areas, including staging areas, which are outside CDOT ROW and outside easements acquired by CDOT for construction, are the responsibility of the Contractor. (d) Construction Implementation. The Contractor shall incorporate control measures into the project as outlined in the accepted schedule. (e) Stabilization. Once earthwork has started, the Contractor shall maintain erosion control measures until permanent stabilization of the area has been completed and accepted. Clearing, grubbing and slope stabilization measures shall be performed regularly to ensure final stabilization. Failure to properly maintain erosion control and stabilization methods, either through improper phasing or sequencing will require the Contractor to repair or replace sections of earthwork at the Contractor's expense. The Contractor shall schedule and implement the following stabilization measures during the course of the project: Temporary Stabilization. At the end of each day, the Contractor shall stabilize disturbed areas by surface roughening, vertical tracking, or a combination thereof. Disturbed areas are locations where actions have been taken to alter the existing vegetation or underlying soil of a site, such as clearing, grading, road bed preparation, soil compaction, and movement and stockpiling of sediment and materials. Designated topsoil distributed on the surface or in stockpiles shall not receive temporary stabilization. Other stabilization measures may be implemented, as approved. 2. Interim Stabilization. As soon as it is known with reasonable certainty that work will be temporarily halted for 14 days or more, sediment and material stockpiles and disturbed areas shall be stabilized using one or more of the specified following methods: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 (1) Application of 1.5 tons per acres of mechanically crimped certified weed free hay or straw in combination with an approved organic mulch tackifier. (2) Placement of bonded fiber matrix in accordance with Section 213. (3) Placement of mulching (hydraulic) wood cellulose fiber mulch with tackifier, in accordance with Section 213. (4) Application of spray -on mulch blanket in accordance with Section 213. Magnesium Chloride, Potassium Chloride and Sodium Chloride, or other salt products, shall not be used as a stabilization method. (5) Topsoil stockpiles shall receive interim stabilization in accordance with Section 207, unless specified as a different material than the other disturbed areas on -site. 3. Summer and Winter Stabilization. Summer and winter stabilization is defined as stabilization during months when seeding will not be permitted. As soon as the Contractor knows shutdown is to occur, interim stabilization shall be applied to the disturbed area. Protection of the interim stabilization method is required. Reapplication of interim stabilization may be required as directed. 4. Permanent Stabilization. Permanent stabilization is defined as the covering of disturbed areas with topsoil, seeding, mulching with tackifier, soil retention coverings, and such non -erodible methods as riprap, road shouldering, etc., or a combination thereof as required by the Contract. Other permanent stabilization techniques may be proposed by the Contractor, in writing, and shall be used when approved in writing by the Engineer. All permanent stabilization requirements shown on the plans shall be completed within four working days of the placement of the topsoil in accordance with Section 207. 5. Final Stabilization. Final stabilization is achieved when all ground disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre - disturbance levels, or equivalent permanent physical erosion reduction methods have been employed. (f) Maintenance. Erosion and sediment control practices and other protective measures identified in the SWMP as control measures for stormwater pollution prevention shall be maintained in effective operating condition until final acceptance of the project. Control measures shall be continuously maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment when silt depth is 50 percent or more of the effective height of the erosion control device. When possible, the Contractor Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B W July 1, 2025 shall use equipment with an operator rather than labor alone to remove the sediment. Maintenance of erosion and sediment control devices shall include replacement of such devices upon the end of their useful service life as recommended by the Contractor and approved by the Engineer. Maintenance of rock check dams and vehicle tracking pads shall be limited to removal and disposal of sediment or addition of aggregate. Damages resulting from failure to maintain control measures shall be repaired at the Contractor's expense. Site assessments shall be performed to assess the adequacy of control measures at the site and the necessity of changes to those control measures to ensure continued effective performance. Where site assessment results in the determination that new or replacement control measures are necessary, the control measures shall be installed to ensure continuous effectiveness. When identified, control measures shall be maintained, added, modified or replaced as soon as possible, immediately in most cases. Approved new or replaced control measures will be measured and paid for in accordance with this section. Devices damaged due to the Contractor's negligence shall be replaced at the Contractor's expense. From the time seeding and mulching work begins until project acceptance the Contractor shall maintain all seeded areas. Damage to seeded areas or to mulch materials shall be immediately restored. If damage is due to Contractor negligence, it shall be restored at the Contractor's expense. Restoration of other damaged areas will be measured and paid for under the appropriate bid item. Temporary control measures may be removed prior to final acceptance of the project, as determined by the Engineer. If removed, the area in which these control measures were constructed shall be returned to a condition similar to that which existed prior to its disturbance. Removed control measures shall become the property of the Contractor. Maintenance shall be notified of the locations of any control measures left in place. If the Contractor fails to complete construction within the approved contract time, the Contractor shall continue erosion and sediment control operations at its expense until acceptance of the work. Sediment removed during maintenance of control measures and material from street sweeping may be used in or on embankment, provided it meets the requirements of Section 203 and is distributed evenly across the embankment. Whenever sediment collects on the paved surface, the surface shall be cleaned. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 20 July 1, 2025 Street washing will not be allowed. Storm drain inlet protection shall be in place prior to shoveling, sweeping, or vacuuming. Sweeping shall be completed with a pickup broom or equipment capable of collecting sediment. Sweeping with a kick broom will not be allowed. Material from pavement saw cutting operations shall be cleaned from the roadway surface during operations using a vacuum. A control measure, such as a berm, shall be placed to contain slurry from joint flushing operations until the residue can be removed from the soil surface. Aggregate bags, erosion logs or other permeable control measures shall not be used. Residue shall not flow into driving lanes. It shall be removed and disposed of in accordance with Section 107. Material containment and removal will not be paid for separately, but shall be included in the work. 208.05 Construction of Control Measures. Control measures shall be constructed in accordance with Standard Plans M-208-1 and M-216-1, and with the following: (a) Seeding, Mulching, Sodding, Soil Retention Blanket. Seeding, mulching, sodding, and soil retention blanket installation shall be performed in accordance with Sections 212, 213, and 216. (b) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes. Erosion Bales shall be entrenched 4 inches minimum into the soil, tightly abutted with no gaps, staked, and backfilled around the entire outside perimeter. Erosion Bales cannot be used for Check Dams. (c) Silt Fence. Silt fence shall be installed in locations as per M standard plans 208-1 and as specified in the Contract. (d) Temporary Berms. Berms shall be constructed to the dimensions as per M 208-1 standard plans and as shown in the Contract, and sufficiently compacted to prevent erosion or failure. If the berm erodes or fails, it shall be immediately repaired or replaced at the Contractor's expense. Berms must be at least 18 inches tall or high enough to prevent overtopping. Berms must have a minimum of 4 to 6- foot base. Gradient of all receiving area above berm must be less than 2:1, or flatter. Outlets of anticipated flow from captured water behind berms must be designed with additional control measures suitable to control concentrated flow. Maximum drainage area for each outlet must be limited to 2 acres. (e) Temporary Diversion. Diversions shall be constructed to the dimensions as per M standard plans 208-1 and as shown in the Contract and graded to drain to a designated outlet. The 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 21 July 1, 2025 (I) Temporary Slope Drains. Temporary slope drains shall be installed prior to installation of permanent facilities or growth of adequate ground cover on the slopes. All temporary slope drains shall be securely anchored to the slope. The inlets and outlets of temporary slope drains shall be protected to prevent erosion. Ensure drainage area for every slope drain is smaller than 5 acres. Ensure pipe or channel is properly sized, and for drainage areas larger than 1 acre the pipe size must be designed by an Engineer to ensure the drainage structure can accommodate the runoff resulting from a 2-year, 24-hour storm event. The use of prefabricated flared inlet sections is recommended. (g) Silt Berm. Prior to installation of silt berms, the Contractor shall prepare the surface of the areas in which the berms are to be installed such that are they free of materials greater than 2 inches in diameter and are suitably smooth for the installation of the silt berms, as approved. See M standard 208-1 for details. Silt berms shall be secured with spikes. The Contractor shall install the silt berm in a manner that will prevent water from going around or under the silt berm. Silt berms shall be installed on top of soil retention blanket or turf reinforcement blanket. (h) Rock Check Dam. Rock shall be installed at locations shown on the plans. Rock check dams shall conform to the dimensions shown on the plans. The Geotextile Erosion Control shall be Class 2 and conform to the requirements of Section 712, and shall extend up % of the riprap height with 6inch minimum cover over geotextile. Rock Check Dam shall be installed within a ditch sub excavated 6 inches below the flow line. The ends of the rip rap check dam shall be a minimum of 6 inches higher than the center of the check dam. Stone shall meet the requirements of Section 506. Larger rocks with larger void spaces should be used on top. See M standard 208-1 for details. (i) Riprap Outlet Protection. Geotextile used shall be protected from cutting or tearing. Overlaps between two pieces of geotextile shall be 1-foot minimum. Riprap size shall be in accordance with Section 506 and as shown on the plans. () Storm Drain Inlet Protection. Prior to installation, the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris. The ends of the inlet protection Type 1 and Type 2 shall extend a minimum of 1 foot past each end of the inlet. The Contractor shall remove all accumulated sediment and debris from the surface surrounding all storm drain inlet protection devices after each rain event or as directed. The Contractor shall remove accumulated sediment from each Type II and III containment area when it is more than one third full of sediment, or as Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 22 directed. July 1, 2025 The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting, saw cutting, sand blasting, or abrasive water jet blasting are to take place. (k) Sediment Trap. Sediment traps shall be installed to collect sediment laden water and to minimize the potential of pollutants leaving the project site. Locations shall be in accordance with M standard 208-1 and as shown on the plans or as directed. Sediment traps shall be constructed prior to disturbance of upslope areas and shall be placed in locations where runoff from disturbed areas can be diverted into the trap. The area under the embankment shall be cleared, grubbed, and stripped of any vegetation and roots. Fill material for the embankment shall be free of roots or other vegetation, organic material, large stones, and other objectionable material. Sediment shall be removed from the trap when it has accumulated to one half of the wet storage depth of the trap and shall be disposed of in accordance with Section 208. (I) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil. Stakes shall be embedded so that the top of the stake does not extend past the top erosion log more than 2 inches, at the discretion of the Engineer, a shallower stake depth may be permitted if adverse site conditions are encountered, e.g. rock or frozen ground. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. See M standard 208-1 for details. (m) Silt Dikes. Prior to installation of silt dikes, the Contractor shall prepare the surface of the areas in which the silt dikes are to be installed such that they are free of materials greater than two inches in diameter and are suitably smooth for the installation of the silt dikes, as approved by the Engineer. (n) Concrete Washout Structure. The concrete washout structure shall meet or exceed the dimensions shown on the plans. Work on this structure shall not begin until written acceptance of location is provided by the Engineer. See M standard 208-1 for details. Control measures designed for concrete washout waste shall be implemented. If Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 23 July 1, 2025 the bottom of the excavated structure is within 5 feet of anticipated high ground water elevation or the soil does not have adequate buffering capacity to meet water quality standards, an impermeable synthetic liner shall be installed with the minimum properties shown in Table 208-5 or use a prefabricated washout. The following requirements shall be met: (1) The structure shall contain all washout water. (2) Stormwater shall not carry wastes from washout and disposal locations. (3) The site shall be located a minimum of 50 horizontal feet away from State waters and shall meet all requirements for containment and disposal as defined in Section 107. (4) The site shall be signed as "Concrete Washout" (5) The site shall be accessible to appropriate vehicles. (6) Freeboard capacity shall be included in the structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (7) The Contractor shall prevent tracking of washout material out of the washout structure. (8) Solvents, flocculants, and acid shall not be added to wash water. (9) The structure shall be surrounded on three sides by a compacted berm. (10) The structure shall be fenced with orange plastic construction fencing conforming to Section 607, to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (11) Concrete waste, liquid and solid, shall not exceed % the storage capacity of the washout structure. (12) A concrete washout sign shall have letters at least 3 inches high and conform to Section 630. (o) Pre -fabricated concrete washout structures (Type 1 and Type 2). Structures and sites shall meet the following requirements: (1) Structure shall contain all washout water. If bins are determined to be leaking, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 24 July 1, 2025 the Contractor shall replace the bin on -site and clean up the spilled material and dispose of it properly. (2) Structure shall be located a minimum of 50 horizontal feet away from State waters, and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be as approved by the Engineer. The pre -fabricated structure shall be signed as "Concrete Washout". Sign can be on portable bin. (3) The site shall be accessible to appropriate vehicles. (4) Washout bins shall be covered with a tarp tied down to the structure or staked to the ground when a storm event is anticipated. (5) Solvents, flocculants, and acid shall not be added to wash water. (6) Concrete waste, liquid and solid, shall not exceed % the storage capacity of the washout structure. (7) Prefabricated structures cannot be moved when they contain liquid, unless otherwise approved. (8) The concrete washout structure shall be installed and ready for use prior to concrete placement operations. (9) Washout areas shall be checked and maintained as required. On -site permanent disposal of concrete washout waste is not allowed. All liquid and solid wastes, including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. Delivery to the site shall not occur until written acceptance is provided by the Engineer for both the product and the concrete waste disposal facility. (p) Vehicle Tracking Pad (VTP). Vehicle tracking pads shall be constructed to the minimum dimensions shown in the Contract, unless otherwise directed by the Engineer. Construction of approved vehicle tracking pads shall be completed before any disturbance of the area. The Contractor shall maintain each vehicle tracking pad during the entire time that it is in use for the project. The vehicle tracking pad shall be removed at the completion of the project unless otherwise directed by the Engineer. Additional aggregate may be required for maintenance and will be paid for under Pay Item, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 25 Maintenance Aggregate (Vehicle Tracking Pad). (q) Detention Pond. Permanent detention ponds shown on the construction plans may be used as temporary control measures if all the following conditions are met: (1) The pond is designated as a construction control measure in the SWMP. (2) The pond outfall and outlet are designed and implemented for use as a control measure during construction in accordance with good engineering, hydrologic, and pollution control practices. The stormwater discharges from the outfall shall not cause degradation or pollution of State waters, and shall have control measures, as appropriate. (3) All silt shall be removed and the pond returned to the design grade and contour prior to project acceptance. (r) Aggregate Bag. Aggregate bags shall be placed on a stable surface, consisting of hardscape or compacted gravel. If approved by the Engineer, the aggregate bag may be placed on compacted dirt areas, where bags conform to the surface and can effectively minimize sediment transport. Aggregate bags can be used on frozen ground when other control measures cannot be trenched or staked, but only until the ground is capable of being trenched and staked. Aggregate bags shall not be placed in concentrated flow areas, other than gutter pans. Aggregate bags shall be placed to conform to the surface without gaps to ensure that discharge water does not cause erosion. See M standard 208-1 for details. (s) Surface roughening. Surface roughening creates horizontal grooves along the contour of the slope. Roughening may be accomplished by furrowing, scarifying, ripping, or disking the soil surface to create a 2 to 4-inch minimum variation in soil surface. (t) Vertical Tracking. Vertical tracking involves driving a tracked vehicle up and down the soil surface and creating horizontal grooves and ridges along the contour of the slope. Sandy soils or soils that are primarily rock need not be tracked. 208.06 Materials Handling and Spill Prevention. The SWMP Administrator shall clearly describe and record on the SWMP, all practices implemented at the site to minimize impacts from procedures or significant material that could contribute pollutants to runoff. Areas or procedures where potential spills can occur shall have a Spill Response Plan in place as specified in Section 107 or Section 208. Construction equipment, fuels, lubricants, and other petroleum distillates shall not be stored or stockpiled within 50 horizontal feet of any State waters or more if the Contractor determines necessary. Equipment fueling and servicing shall occur only within approved designated areas. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 26 July 1, 2025 (a) Bulk storage structures. Bulk storage structures for petroleum products and other chemicals shall have impervious secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. Secondary containment shall be capable of containing the combined volume of all the storage containers plus at least 10 percent freeboard. For secondary containment that is used and may result in accumulation of stormwater within the containment, a plan shall be implemented to properly manage and dispose of all accumulated stormwater which is deemed to be contaminated (e.g., has an unusual odor or sheen). (b) Lubricant Leaks. The Contractor shall inspect equipment, vehicles, and repair areas daily to ensure petroleum, oils, and lubricants (POL) are not leaking onto the soil or pavement. Absorbent material or containers approved by the Engineer shall be used to prevent leaking POL from reaching the soil or pavement. The Contractor shall have onsite approved absorbent material or containers of sufficient capacity to contain any POL leak that can reasonably be foreseen. The Contractor shall inform all Spill Response Coordinators in accordance with the Spill Response Plan if unforeseen leakage is encountered. All materials resulting from POL leakage control and cleanup shall become the property of the Contractor and shall be removed from the site. Control, cleanup, and removal of by-products resulting from POL leaks shall be performed at the Contractor's expense. (c) Spill Response Plan. A Spill Response Plan shall be developed and implemented to establish operating procedures for handling potential pollutants and preventing spills. The Response Plan shall contain the following information: (1) Identification and contact information of each Spill Response Coordinators. (2) Locations of areas on the project site where equipment fueling and servicing operations are permitted. (3) Location of cleanup kits. (4) Quantities of chemicals and locations stored on site. (5) Label system for chemicals and Safety Data Sheets (SDS) for products. (6) Clean up procedures to be implemented in the event of a spill that does not enter State waters or ground water. (7) Procedures for spills of any size that enter surface waters or ground water, or Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 27 July 1, 2025 have the potential to do so. CDOT's Erosion Control and Stormwater Quality Guide contains spill notification contacts and phone numbers required in the Spill Response Plan. (8) A summary of the employee training provided. Information in items (1) through (8) shall be updated in the SWMP when they change. 208.07 Stockpile Management. Material stockpiles shall be located 50 horizontal feet away from State waters, and shall be confined so that no potential pollutants will enter State waters and other sensitive areas as defined in the Contract. Locations shall be approved by the Engineer. Erodible stockpiles (including topsoil) shall be contained with acceptable control measures at the toe (or within 20 feet of the toe) throughout construction. Control measures shall be approved by the Engineer. The SWMP Administrator shall describe, detail, and record the sediment control devices on the SWMP. 208.08 Limits of Disturbance. The Contractor shall limit construction activities to those areas within the limits of disturbance shown on the plans and cross -sections. Construction activities, in addition to the Contract work, shall include the on -site parking of vehicles or equipment, on -site staging, on -site batch plants, haul roads or work access, and all other activities which would disturb existing soil conditions. Staging areas within the LDA shall be as approved by the Engineer. Construction activities beyond the limits of disturbance due to Contractor negligence shall be restored to the original condition by the Contractor at the Contractor's expense. The SWMP Administrator shall tabulate additional disturbances not identified in the SWMP. If the disturbance at any time exceeds 1 acre (including as part of a common plan of development), the Contractor will need to apply for a Colorado Discharge Permit System- Stormwater Construction Permit (CDPS-SCP) and comply with all of CDOT's over one acre specifications. The Contractor shall pursue stabilization of all disturbances to completion. 208.09 Regulatory Mechanism for Water Quality. Failure to implement the Stormwater Management Plan is a violation of the Colorado Water Quality Control Act. Penalties may be assessed to the Contractor by the appropriate agencies. All fines assessed to the Department for the Contractor's failure to implement the SWMP will be deducted from monies due the Contractor. The Contractor shall be subject to liquidated damages for incidents of failure to perform erosion control as required by the Contract. Liquidated damages will be applied for failure to comply with these specifications, including the following: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 (1) Failure of the Contractor to implement necessary actions required by the Engineer as required by this section. (2) Failure to construct or implement erosion control or spill containment measures required by the Contract, or failure to construct or implement them in accordance with the Contractor's schedule. (3) Failure to stabilize disturbed areas as required by this section. (4) Failure to replace or perform maintenance on an erosion control feature after notice from the Engineer to replace or perform maintenance as required by this section. (5) Failure to remove and dispose of sediment from control measures as required. (6) Failure to install and properly utilize a concrete washout structure for containing washout from concrete placement operations. (7) Failure to perform permanent stabilization as required by this section. (8) Failure to prevent discharges not composed entirely of stormwater from leaving the construction site. (9) Failure to provide the survey of Permanent Water Quality features when required on the project in accordance with this section. The Engineer will immediately notify the Contractor of each incident of failure to perform erosion control in accordance with any water quality standards, specifications, including items (1) through (9) above by issuing a Form 105. Correction shall be made as soon as possible, immediately in most cases, but no later than 48 hours from the date of notification to correct the failure. The Contractor will be charged liquidated damages in the amount of $970 for each day after the 48-hour period has expired that one or more of the incidents of failure to perform the requirements for each Form 105 remains uncorrected. Liquidated damages will begin at Midnight of the date on which the 48 hours has expired. This deduction will not be considered a penalty, but will be considered liquidated damages based on estimated additional construction engineering costs. The liquidated damages will accumulate, for each cumulative day that one or more of the incidents remain uncorrected. The number of days for which liquidated damages are assessed will be cumulative for the duration of the project; that is: the damages for a particular day will be added to the total number of days for which liquidated damages are accumulated on the project. The liquidated damages will be deducted from any monies due the Contractor. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 29 July 1, 2025 If all other failures are not corrected within 48 hours after liquidated damages have begun to be assessed, the Engineer will issue a Stop Work Order in accordance with Section 105. Work shall not resume until the Engineer has approved a written corrective action plan submitted by the Contractor that includes measures to prevent future violations and a schedule for implementation. If the Contractor requires more than 96 hours to perform the corrective work from the date on the Form 105, the Contractor shall submit a request for deferment. The deferment request shall be in writing and shall include the specific failure, temporary measures until final correction is made, the methodology which will be employed to make the correction, and interim milestones to completing the work. The Region Water Pollution Control Manager (RWPCM), Engineer, the SWMP Administrator, and the Contractor shall concur on this deferral and set a proposed date of completion. If approved, the Contractor shall complete the corrective measures by Midnight of the proposed completion date. If corrective work is not corrected by the completion date the Engineer will issue a Stop Work Order. Liquidated Damages will apply retroactively back to the 48 hours after the Form 105 date of notification. Liquidated Damages will be assessed until the corrective work has been completed and accepted. Deferment of work to correct failures to perform erosion control will not affect the Contractor's other contractual responsibilities, notifications for other non- compliance, nor the final completion date of the project. Liquidated Damages for other non-compliance notifications will continue to apply during the deferment period in addition to liquidated damages associated with the deferment. Based on the submittal date of the approved deferment, Liquated Damages and a Stop Work Order may not be mandated to the Contractor. Disagreements regarding the suggested corrective action for a control measure compliance issue between the Project Engineer, SWMP Administrator, and Superintendent, shall be discussed with the Resident Engineer and Region Water Pollution Control Manager. If after the discussions, the Project Engineer and the Contractor are still in disagreement and the Contractor believes that additional compensation is owed, the Contractor shall follow the decision of the Project Engineer, keep track of the costs and negotiate further with the Project Engineer. If after pursuing the issue, the Contractor is unable to reach an agreement with the Project Engineer, then the Contractor can follow the dispute process outlined in Section 105. If the Contractor's corrective action plan and schedule are not submitted and approved within 96 hours of the initial notice, the Engineer will issue a Stop Work Order and have an on -site meeting with the Superintendent, SWMP Administrator, and the Superintendent's supervisor. This meeting will also be attended by the Resident Engineer, the Region Water Pollution Control Manager, and the Region Program Engineer. This meeting will identify and document needed corrective actions and a schedule for completion. If after the meeting, the unacceptable work Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B We July 1, 2025 is not remedied within the schedule as agreed to in the meeting, the Engineer will take action to effect compliance with the Contract and these specifications by utilizing CDOT Maintenance personnel or other non -Contractor forces and deduct the cost from any monies due or to become due to the Contractor pursuant to Section 105. Delays due to these Stop Work Orders shall be considered non- excusable. The Stop Work Order shall be in place until the project is in compliance. If the Contractor remains non -responsive to requirements of the on -site meeting, the Engineer will start default or Contract termination procedures in accordance with Section 108. CDOT will proceed with corrective or disciplinary action in accordance with the Rules for Prequalification, Debarment, Bidding and Work on Transportation, Road, Highway and Bridge Public Projects. When a failure meets any one of the following conditions, the Engineer will immediately issue a Stop Work Order in accordance with Section 105 irrespective of any other available remedy: (1) It may endanger health or the environment. (2) It consists of a spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. (3) It consists of a discharge which may cause a violation of water quality standards. 208 Items to Be Completed Prior to Requesting Partial Acceptance of Water Quality Work. (a) Reclamation of Washout Areas. After concrete operations are complete, washout areas shall be reclaimed in accordance with this section at the Contractor's expense. (b) Survey. When Permanent Water Quality (PWQ) control measures are required on the project and once built, the Contractor shall survey the control measures to confirm that the PWQ control measures conform to the configuration, grade, and volume shown on the plans. The survey shall conform to Section 625. The results of the survey shall be submitted in accordance with CDOT's Survey Manual (AutoCAD to GIS and TMOSS Codes), or GIS with attribute tables, showing both designed and final elevations and configurations. Paper versions of the drawings shall be submitted with the stamp and seal of the Contractor's Surveyor. PWQ control measures that do not meet the Contract requirements will be identified in writing by the Engineer, and shall be repaired or replaced at the Contractor's expense. Correction surveys shall be performed at the Contractor's expense to confirm the locations, dimensions, and volume certification (for water Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B W July 1, 2025 quality capture volume structures only) of each PWQ control measure. The Engineer, CDOT Hydraulics Engineer for the region, Headquarters Permanent Water Quality Manager, and Headquarters Maintenance staff will perform a walkthrough of the PWQ control measures to confirm conformance to material requirements, locations, and dimensions. Before the walkthrough, the Contractor shall provide the corrected survey to the Engineer, Regional, and Headquarters Permanent Water Quality Managers. (c) Locations of Temporary Control Measures. The Engineer will identify locations where modification, cleaning, or removal of temporary control measures are required and will provide these in writing to the Contractor. Upon completion of work required, the SWMP Administrator shall modify the SWMP to provide an accurate depiction of control measures to remain on the project site. All punch list and walkthrough items shall be completed and approved by the Engineer and Maintenance. Method of Measurement 208.11 Erosion Control Management on projects having less than one acre of total disturbed area will not be measured and paid for separately but shall be included in the work, unless otherwise specified in the contract (bid schedule). If contracted, ECM work will be measured as the actual number of days of ECM work performed, regardless of the number of personnel required for SWMP Administration and Erosion Control Inspection, including erosion control inspections, documentation, meeting participation, SWMP Administration, and the preparation of the SWMP. If the combined hours of SWMP Administration and Erosion Control Inspection is four hours or less in a day, the work will be measured as'/2 day. If the combined hours of SWMP Administration and Erosion Control Inspection is more than four hours in a day, the work will be measured as one day. Total combined hours of ECM work exceeding eight hours in a day will still be paid as one day. Erosion bales and rock check dams will be measured by the actual number installed and accepted. Silt fence, silt berms, erosion logs, aggregate bags, silt dikes, temporary berms, temporary diversions, and temporary slope drains, will be measured by the actual number of linear feet that are installed and accepted. Measured length will not include required overlap. Concrete washout structure will be measured by the actual number of structures that are installed and accepted. Pre -fabricated concrete washout structures will be measured by the actual number of Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 32 July 1, 2025 structures delivered to the site. It shall not include structures moved on -site. Storm drain inlet protection will be measured by linear foot or actual number of devices that are installed and accepted. Sediment trap quantities will be measured by the actual number installed and accepted. Removal of trash that is not generated by construction activities will be measured by the actual number of hours that Contractor workers actively remove trash from the project. Each week the Contractor shall submit to the Engineer a list of workers and the hours spent collecting such trash. Removal of accumulated sediment from traps, basins, areas adjacent to silt fences and erosion bales, and other clean out excavation of accumulated sediment, and the disposal of such sediment, will be measured by the number of hours that equipment, labor, or both are used for sediment removal. Vehicle tracking pads will be measured by the actual number constructed and accepted. Additional aggregate required for maintaining vehicle tracking pads will be measured as the actual number of cubic yards installed and accepted. Pre -fabricated vehicle tracking pads will be measured by the actual number of pads delivered to the site and set up to the minimum dimensions. It shall not include pads moved on -site. Basis of Payment 208.12 Control measures will be paid for at the Contract unit price for each of the items listed below that appear in the contract. Erosion Control management (ECM) duties on projects having less than one acre of total disturbed area will not be measured and paid for separately but shall be included in the work, unless otherwise specified in the contract. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 33 Payment will be made under: July 1, 2025 Pay Item Pay Unit Aggregate Bag Linear Foot Concrete Washout Structure Each Erosion Bales (Weed Free) Each Erosion Control Management Day (If in the contract) Erosion Log (Type 1) ( Inch) Linear Foot Erosion Log (Type 2) (--Inch) Linear Foot Erosion Log (Type 3) (__Inch) Linear Foot Pre -Fabricated Concrete Washout Structure (Type 1) Each Pre -Fabricated Concrete Washout Structure (Type 2) Each Pre -Fabricated Vehicle Tracking Pad Each Maintenance Aggregate (Vehicle Tracking Pad) Cubic Yard Removal and Disposal of Sediment (Equipment) Hour Removal and Disposal of Sediment (Labor) Hour Removal of Trash Hour Rock Check Dam Each Sediment Basin Each Sediment Trap Each Silt Berm Linear Foot Silt Dike Linear Foot Silt Fence Linear Foot Silt Fence (Reinforced) Linear Foot Storm Drain Inlet Protection (Type_) Linear Foot Storm Drain Inlet Protection (Type_) Each Sweeping (Sediment Removal) Hour Temporary Berm Linear Foot Temporary Diversion Linear Foot Temporary Slope Drain Linear Foot Vehicle Tracking Pad Each Modifications to the SWMP due to construction errors or survey errors by the Contractor shall be made at the Contractor's expense. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 35 July 1, 2025 Payment for vehicle tracking pad will be full compensation for all work, materials and equipment required to construct, maintain, and remove the entrance upon completion of the work. Aggregate and geotextile will not be measured and paid for separately, but shall be included in the work. If additional aggregate for maintenance of vehicle tracking pads is required, it will be measured by the cubic yard in accordance with Section 304 and will be paid for under this Section as Maintenance Aggregate (Vehicle Tracking Pad). Seeding, sod, mulching, soil retention blanket, and riprap will be measured and paid for in accordance with Sections 212, 213, 216, and 506. All work and materials required to perform the permanent control measure survey and furnish the electronic files shall be included in the original unit price bid for surveying. Surveying will be measured and paid for in accordance with Section 625. Payment will be made for control measures replaced as approved by the Engineer. Temporary erosion and sediment control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or ordered by the Engineer or for the Contractor's convenience, shall be performed at the Contractor's expense. If the Contractor fails to complete construction within the contract time, payment will not be made for Section 208 pay items for the period of time after expiration of the contract time. These items shall be provided at the Contractor's expense. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision of Section 212 Soil Amendments, Seeding, and Sodding Delete Section 212 of the Standard Specifications for this project and replace it 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 before Engineer inspection will be rejected. The State required legal tags shall remain on the bag until opened and the seed is placed in either the drill or hydraulic seeders in the presence of the Engineer. The Engineer shall remove all tags after seed has been planted. Each seed tag shall clearly show the following: (1) Name and address of the supplier (2) Botanical and common name for each species (3) Lot numbers (4) Percent by weight of inert ingredients (5) Guaranteed percentage of purity and germination (6) Pounds of Pure Live Seed (PLS) of each seed species (7) Total net weight in pounds of PLS in the sealed bag (8) Calendar month and year of test date Seeds shall be free from all noxious weed seeds per Colorado Seed Act (CRS 35-17) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 F prohibited noxious weed seed list. Weed seed content shall not exceed the requirements in part 7.2 of the Colorado Department of Agriculture's Seed Act Rules and Regulations. Seed which has become wet, moldy, or damaged in transit or in storage will not be accepted. Seed and seed labels shall conform to all current State regulations and to the testing provisions of the Association of Official Seed Analysis. Computations for quantity of seed required on the project shall include the percent of purity and percent of germination. The Contractor shall store seed under dry conditions, at temperatures between 350F 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 2 (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 Range Test Method -Ingredient AOAC Official Method 993.13 Nitrogen (N) (%) 6 - 10 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) AOAC Official Method 960.03 M 1-8 Phosphorus (Available) in Fertilizers Potassium (K) AOAC Official Method 983.02 (%) 1 - 8 Potassium in Fertilizers Low N organic fertilizer chemical analysis shall conform to Table 212-2. Table 212-2 Chemical Analysis for Low N Fertilizer In redient Range Test Method AOAC Official Method 993.13 Nitrogen (N) (%) 2 -5 Nitrogen (Total) in Fertilizers Combustion Method Phosphorus (P) AOAC Official Method 960.03 M 3 8 Phosphorus (Available) in Fertilizers Potassium (K) (%) 1 - 8 AOAC Official Method 983.02 Potassium in Fertilizers Organic fertilizers shall conform to Table 212-3. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 3 Table 212-3 Organic Fertilizer Properties Criteria =neMoisture content b wei ht (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 per all applicable EPA 40 CFR 503 standards for Class A biosolids including the time and temperature standards. Materials that have been treated with chemical preservatives as a compost feedstock will not be permitted. The Contractor shall provide material that has been aerobically composted in a commercial facility. Compost shall be from a producer that participates in the United States Composting Council's (USCG) Seal of Testing Assurance (STA) program. The Department will only accept STA approved compost that is tested per the USCC Test Methods for Examining of Composting and Compost (TMECC) manual. 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. 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 per USCC TMECC. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 0 Table 212-4 Gradation for Permanent Seeding Compost (Test Method TMECC 02.02-13, "Sample Sieving for Aggregate Size Classification") Sieve Size Minimum, Percent Passing Maximum, Percent Passing 25.0 mm (1 ") 100 19.0 mm 90 100 (3/4") 6.25 mm (1 /4") 1 70 100 Note: Compost shall be from a producer that participates in the USCC STA program. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 k Table 212-5 Properties for Permanent Seeding Compost Compost Parameters Reported as Requirements Test Method H pH units 6.0 - 8.5 TMECC 04.11-A Soluble Salts dS/m (mmhos/cm) < 5.0 TMECC 04.10-A (Electrical Conductivity) Moisture Content %, wet weight basis 25% - 50% TMECC 03.09-A Organic Matter Content %, dry weight basis 20% - 50% TMECC 05.07-A Organic Matter Content pounds per cubic yard >240 Carbon to Nitrogen Ratio < 15:1 (C:N) Manufactured Inert %, dry weight basis < 1% TMECC 03.08-A Contamination (Plastic, concrete, ceramics, metal) Stability (respirometry) mg CO2-C per g TS per day 8 or below TMECC 05.08-13 Mg CO2-C per g OM per day Select Pathogens and weed (PASS/FAIL) Limits: Pass TMECC 07.01-B free Salmonella < 3 MPN/4 Fecal grams of TS, or Coliforms, or Coliform Bacteria < 1000 07.02 MPN/ ram Salmonella Trace Metals (PASS/FAIL) Pass TMECC 04.06 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 Use the STA Lab bulk density Ib/cu ft as received, multiplied by organic matter % as received, multiplied by 27 to calculate pounds per cubic yard of organic matter. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 0 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 (Using Test Method TMECC 02.02-13, "Sample Sieving for Aggregate Size Classification") Sieve Size Percent Passing, Minimum Percent Passing, Maximum 75.0 mm (Y) 100 25.0 mm (1 ") 90 100 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 VA 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 TMECC 04.10- (Electrical dS/m (mmhos/cm) < 5.0 A Conductivity) Moisture Content %, wet weight basis < 60% TMECC 03.09- A Organic Matter %, dry weight basis 25% - 100% TMECC 05.07- Content A Manufactured Inert Contamination ova, dry weight basis < 0.5% TMECC 03.08- (plastic, concrete, A ceramics, metal) Stability mg CO2-C per g TS per day N/A TMECC 05.08- (respirometry) mg CO2-C per g OM per day B TMECC 07.01- (PASS/FAIL) Limits: B Select Pathogens Salmonella < 3 MPN/4 grams of Pass Fecal and weed free TS, or Coliform Bacteria < Coliforms, or 1000 MPN/gram 07.02 Salmonella (PASS/FAIL) Limits (mg kg-1- dw basis): Arsenic (As) 41, Cadmium (Cd) 39, Copper (Cu)1500, Lead Trace Metals (Pb) 300, Pass TMECC 04.06 Mercury (Hg) 17, Nickel (Ni) 420, Selenium (Se) 100, Zinc (Zn) 2800 (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 bags will be rejected. Biotic soil amendments shall be stored in locations not exceeding 80 OF. 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 per the rates shown on the Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 plans. Use of mulch tackifier (Plantago Insularis or pre -gelatinized corn starch polymer) shall be per Section 213. It shall be used as a wetting agent at a rate of 30 pounds per acre. Biotic soil amendments shall provide a continuous and uniform cover and shall consist of one of the components in Table 212-8 and all of the performance and physical properties in Table 212- 9. Table 212-8 Required Percentage Ranges of Biotic Soil Amendments Components Units Requirement Professional grade sphagnum peat moss, professional grade reed sedge peat moss or b0° . dry weight compost that meets the Seal of Testing basis > 41% Assurance Program of the US Composting Council Mechanically processed straw consisting of %, dry weight weed free agricultural straw, flexible flax fiber basis < 57% or rice hulls Table 212-9 Performance and Physical Requirements of Biotic Soil Amendments Parameters Reported as Requirement Test Method H pH units 5.0 - 7.5 ASTM D1293 Moisture Content %, wet weight 10% - 50% ASTM D 2974 basis Organic matter content% dry weight > 85% ASTM D586 basis Carbon Nitrogen Ratio Ratio C:N < 38:1 ASTM E1508 Manufactured inert %, dry weight < 1.0% contamination basis ASTM E729- Pass (non- 96(2014) or Acute Toxicity (Pass/Fail) toxic) 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 per 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 0 manufacturer. Bags (containers) which arrive at the project site opened, damaged, or lacking label will be rejected. The Contractor shall only use bulk shipments such as tote bags or super sacks that have a manufacture's original label and sealed at the manufacturing facility. Humate shall be stored in locations not exceeding 80°F. Humate shall be provided per the rates shown on the plans. Product shall conform to the parameters in Table 212-10 and Table 212-11. Table 212-10 Screened Size Requirements for Humate Seeding Method Reported as Requirement Seeding (Native) Drill, Hydraulic inches < 1/4 and Broadcast Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 W Table 212-11 Performance and Physical Requirements of Humate Parameters Reported as Requirement Test Method Organic Matter %, dry weight >70% basis Fines (material that is %, dry weight finer than the No. 200 basis ° <2/° ASTM D7928 (75- m) sieve) H pH units 3.0 - 4.5 ASTM D1293 ASTM 7101 or EPA Acute Toxicity Pass / Fail Non Toxic Method 2021 or 2002 %, dry weight A & L Western Humic and Fulvic Acids basis ° > 70% method; total alkali extractable Carbon Content %, dry weight 40% - 50% basis Moisture Content %, dry weight < 20% basis Heavy Metal / Ash %, dry weight < 15% Content basis The Contractor shall provide a CTR with independent laboratory analysis for the required parameters per subsection 106.13. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 OF (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 OF. The endo mycorrhizal inoculum shall provide at least 60,000 propagules per pound and shall contain all of the following species and conform to the parameters in Table 212-12: (1) Glomus intraradices (a.k.a. Rhizophagus intraradices) (2) Glomus mosseae (a.k.a. Funneliformis mosseae) (3) Glomus aggregatum (a.k.a. rhizophagus aggregatus) (4) Glomus etunicatum (a.k.a. Claroideoglomus etunicatum) Table 212-12 Physical Requirements of Endo Mycorrhizae Parameters Reported as Requirement Test Method Acute Toxicity Pass or Fail Non Toxic ASTM 7101 or EPA Method 2021 or 2002 The Contractor shall provide a CTR with independent laboratory analysis for the required parameters per 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 12 (a) 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) ova > 90 Bulk Density Lb per cu. ft. > 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 3/4 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 before installation. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting. The Contractor shall submit the certificate to the Engineer before application of the sod. Only sod that is accompanied by the certificate from the grower will be accepted and paid for. Construction Requirements 212.03 Submittals. The Contractor shall provide the name and contact information of the seeding contractor 30 days before start of seeding work. The Contractor shall provide two copies of items (1) - (14) listed below to the Pre -vegetation Conference per 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 13 (2)Seed vendor's "seed dealer" endorsement. (3)A copy of each seed species germination report of analysis that verifies the lot has been tested by a recognized laboratory for seed testing within 13 months before the date of seeding. (4)A copy of each seed species purity laboratory report of analysis that verifies that the lot has been tested by a recognized laboratory for seed testing. The report shall list all identified species, seed count, and date of test. (5)Manufacturer's documentation stating that the fertilizer meets the Contract requirements. (6)Organic fertilizer documentation showing manufacturer and chemical analysis. (7) Permit issued from CDPHE confirming that the vendor can produce or sell compost per House Bill (HB) 1181. (8) Documentation from the compost manufacturer that it is a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). (9) Results of compost testing on an STA Compost Technical Data Sheet confirming all required test methods are met using the STA Program. (10) Sample of physical compost (at least one cubic foot of material). (11) Manufacturer's documentation confirming that biotic soil amendment meets the required physical and performance criteria based on independent testing by the manufacturer. (12) Manufacturer's documentation confirming that humate meets the required physical and performance criteria based on independent testing by the manufacture. (13) Manufacturer's documentation confirming that mycorrhizae meet the physical criteria based on independent testing and that the minimum required species is provided. (14) Pictures and descriptions of seeding equipment proposed to be used on the project. Based on the seeding methods required at a minimum this should include the drill seeder, hydraulic seeder, cultipacker or seed bed roller implements. (15) Instructions and documentation on how seeders will be calibrated onsite, per subsection 212.05(a). 212.04 Seeding Seasons. Seeding in areas that are unirrigated shall be restricted according to the parameters in Table 212-14. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 W Table 212-14 Seeding Seasons Areas other than the Western Slope Zone S rin Seedin Below 6000' Spring thaw to June 1 6000' - 7000' I Spring thaw to June 1 7000' - 8000' I Spring thaw to July 15 Above 8000' Spring thaw to consistent ground freeze Western Slope Zone ,S „rin Seedin Below 6I I Spring thaw to May 1 6000' - 7000' I Spring thaw to June 15 Above 7000' Spring thaw to consistent ground freeze Fall Seedin September 15 until consistent ground freeze September 1 until consistent ground freeze August 1 until consistent ground freeze Fall Seedin August 1 until consistent ground freeze September 1 until consistent ground freeze (1) "Spring thaw" is the earliest date in a new calendar year in which seed can be buried 112 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 112 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 15 212.05 Native Seeding Methods. Areas to be seeded shall be installed per 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 before the Pre-revegetation Conference for approval showing how the SWMP Permanent Stabilization Plans will be implemented to minimize traffic loading damage to subgrade soil prepared and seeded areas. The proposed sequencing shall consider and identify strategies and site management control measures to protect seeded areas from foot, vehicle, and other disturbances. The strategic planning of the permanent seeding and mulch shall consider all other phasing of construction activities including traffic management and utility work. Areas damaged due to the Contractor's failing to protect the seeded areas shall be repaired at no cost to the Department. Seeded areas damaged due to circumstances beyond the Contractor's control shall be repaired and reseeded as ordered. Payment for corrective work, when ordered, shall be at the Contract prices shown and per subsection 109.04. The following seeding application methods shall not be implemented during winds which are consistently higher than 20 MPH, or when the ground is frozen, excessively wet, or otherwise untillable. The Engineer may test to see if the moisture level in the soil is acceptable to work the soil by performing a Soil Plasticity Test as described in the 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: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 W. (a) Seeding (Native) Drill. 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 before spreading amendments. Before 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 inches from the edge of pavement. Once incorporation of compost and elemental sulfur is approved, the Contractor shall uniformly apply fertilizer and humates on the surface of the topsoil using an agricultural spreader, as shown in the Contract documents. 2. Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using cultipacker or seed bed roller implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension per Section 207. Areas shall be left in a rough and uncompacted condition with a surface variance of 2 to 4 inches. 3. Seed and Mycorrhizae. Before seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be done within two days of seedbed preparation efforts (tilling or scarifying). If a rain event occurs that compacts or erodes the seedbed before performing seeding, the seedbed shall be re -prepared as directed by the Engineer. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 17 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 1 /4 inch and not more than 112 inch and shall be set to space the rows not more than 8 inches apart. Seeding equipment shall have a double disk opener, seed box agitator, and seed metering device. The seeder shall be calibrated by collecting seed from a single drop tube in the presence of the Engineer based on the following procedure. The Contractor shall provide the tape measure, scale, collection cup, and seed bag with complete label from the supplier. The Contractor may submit an alternative method for approval at the site Pre -vegetation Conference. A. Measure the total width (W) of the drill seeder in feet. B. Count the number of drill rows (N) on the seeder. C. On drill seeders that the tire drives the seeding mechanism, measure the tire circumference (C) in feet. D. Calculate the number of rotations the tire will complete per acre using the following equation: A = one acre or 43,560 square feet (SF) A /W = feet (F) the drill seeder needs to travel for each acre F/C = number of rotations (R) of the tire per acre E. Reduce the amount of tire rotations by one tenth. .90R = # Tire rotations to calibrate seeder (RCS) F. Find the seeding rate (LBS PLS / Acre) on the Stormwater Management Plan. G. Using the information from the seed tag, convert the PLS seed rate to a bulk seeding rate using the following equations: % PLS = (% 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 H. Reduce the required bulk seed per acre based on the number of seeder tubes. Required bulk seed per acre / N = Weight in LBS of bulk seed from one tube I. Reduce the required bulk seed rate from the tube by one tenth. 0.90 x Weight of bulk seed from one tube = Collected bulk seed weight (CBS) in LBS J. Set the drill seeder to the correct seeding rate using the manufacturer's recommendation. K. With the collection cup under one tube and the driving wheel jacked up, rotate the tire the RCS number of times. Use the value stem to count the rotations. L. Using the scale, weigh the seed in the collection cup. M. Adjust the drill calibration until the weight of bulk seed in the collection cup equals the CBS in LBS. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 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 are called for on the plans, the granules shall be included with the seed in the drill seeder such that the mycorrhizae are 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. A. Seedbed Preparation. All areas shall be loosened to at least 6 inches, leaving the surface in rough condition with a surface variance of 6 to 8 inches. On steep slopes, tillage shall be accomplished with appropriate equipment as the slope is constructed. Soil areas shall be tilled to produce loose and friable surfaces with crusted hard soils broken up. All slopes shall be free of clods, sticks, stones, debris, concrete, asphalt and all other materials in excess of 4 inches in any dimension. All competitive, non- Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 W native vegetation shall be uprooted and hauled offsite before spreading amendments. Under no circumstances shall the ground surface be smooth and compacted. B. Biotic Soil Amendment, Fertilizer, Humate, Mycorrhizae and Seed. 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. Before 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 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 per 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 per manufacturer's recommendations and shall consider forecasted weather conditions. Permanent stabilization mulching shall be accomplished within 24 hours of hydraulic application of native seed. (c) Seeding (Native) Broadcast. This method utilizes hand equipment to broadcast spread amendments and seed over Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 20 prepared seedbeds. A. Fertilizing, Compost, Humate and Elemental Sulfur. The Contractor shall uniformly apply compost and elemental sulfur on the surface of the placed topsoil using an agricultural spreader at the rate of application specified on the plans. All competitive non-native vegetation shall be uprooted and hauled offsite before spreading amendments. Before 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. B. Seedbed Preparation. Amended topsoil shall be cultivated to a firm but friable seedbed using tractor implements. Crusted hard soils shall be broken up and all areas shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension per Section 207. Areas shall be left in a rough condition with a surface variance of 2 to 4 inches. Under no circumstances shall the ground surface be smooth and compacted. C. Seed and Mycorrhizae. Before seeding, the finished grade of the soil shall be 1 inch below the top of all curbs, junction and valve boxes, walks, drives and other structures. Seeding shall be accomplished within two days of seedbed preparation efforts (tilling or scarifying) to make additional seedbed preparation unnecessary. If a rain event occurs that compacts or erodes the seedbed before performing seeding, the seedbed shall be re -prepared as directed. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 21 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 to'/2 inch of topsoil. To ensure seeds have a firm contact with the soil the Contractor shall use a heavy roller as approved in the Site Pre -vegetation Conference. Mycorrhizae shall not be exposed to sunlight for more than four hours. Using equipment with continuous cleat tracks (cat -tracking) to cover seed is not permitted. Permanent stabilization mulching shall be accomplished within 24 hours of broadcast seed application of native seed. 212.06 Seeding (Temporary). Areas of topsoil shall be seeded with annual grasses per 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 per subsection 208.04(e)2. Seed shall not be included with interim hydraulic mulch applications. The Contractor shall wait to amend topsoil until the area is ready for permanent seeding with native seed mix shown on the SWMP. The Contractor shall use either the drill, hydraulic, or broadcast method of seeding. Seeding rates (LBS PLS / Acre) shall be increased by 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 212-15 Temporary Seed Mixes Common Botanical Seeding Rates Planting Name Name Application Time (LBS PLS / Acre) Depth (inches) Oats Avena sativa October 1 - May 1 35 1 - 2 Foxtail Millet Setaria italica MOay 2 - September 30 1/2 - 3/4 The Contractor shall restrict motorized vehicle and foot traffic from areas that have received temporary seeding. 212.07 Seeding (Lawn). Lawn grass seeding shall be accomplished in the seeding seasons Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 22 per subsection 212.03. (a) Fertilizing and Soil Conditioning. The first application of fertilizer, soil conditioner, or both shall be incorporated into the soil immediately before seeding, and shall consist of a soil conditioner, commercial fertilizer, or both as designated in the Contract. Fertilizer called for on the plans 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 before seeding, the ground surface shall be tilled or hand worked into an even and loose seedbed to a depth of 6 inches, free of clods, sticks, stones, debris, concrete, and asphalt in excess of 2 inches in any dimension and brought to the desired line and grade. (c) Seeding. Seed shall be drilled with mechanical landscape type drills. Broadcast type seeders or hydraulic seeding will be permitted only on small areas not accessible to drills. Seed shall not be drilled or broadcast during windy weather or when the ground is frozen or untillable. 212.08 Sodding. (a) Fertilizing and Soil Conditioning. Before laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, compost, or humates as 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. Before sodding, the ground shall be tilled or hand worked into an even and loose sod bed to a depth of 6 inches, and irregularities in the ground surface shall be removed. Sticks, stones, debris, clods, asphalt, concrete, and other material more than 2 inches in any dimension shall be removed. Depressions or variances from a smooth grade Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 23 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. 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. Rejected seed that has been stored longer than 30 days shall be re- ordered at the expense of the Contractor. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 24 Payment will be made under: Pay Item Pay Unit Organic Fertilizer Pound Compost (Mechanically ADDlied) Cubic Yard Humate Pound Mycorrhizae Pound Elemental Sulfur Pound Seeding (Native) Drill Acre Seedina (Native) Hvdraulic Acre Seedina (Wetland) Drill Acre Seeding (Wetland) Broadcast Acre Seeding (Temporary) Acre Seeding (Lawn) Acre Sod 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. Additional seedbed preparation before seeding to correct compaction or erosion from storm events will not be measured and paid for separately but shall be included in the work. Additional mobilizations as needed to complete seeding within allowed seeding seasons will not be measured and paid for separately but shall be included in the work. Removal of all competitive, non-native vegetation before spreading amendments will not be measured and paid for separately but shall be included in the work. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision Of Section 401 Plant Mix Pavements - General Section 401 of the Standard Specifications shall be revised as follows: Delete Subsection 401.17 of the Standard Specifications and replace with the following: Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number, weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. If the mixture contains modified asphalt cement (PG 76-28, PG 70-28 or PG 64-28) and the surface temperature falls below 230 OF, further compaction effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage to the finished mat. Warm Mix Asphalt compaction requirements shall conform to CP 59. All roller marks shall be removed with the finish rolling. Use of vibratory rollers with the vibrator on will not be permitted during surface course final rolling and will not be permitted on any rolling on bridge decks covered with waterproofing membrane. SMA shall be compacted to a density of 93 to 98 percent of the daily theoretical maximum specific gravity, determined according to CP 51. All other HMA shall be compacted to a density of 92 to 98 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day, the average of the theoretical maximum specific gravity results will be used to determine the percent compaction. Field density determinations will be made per CP 44 or 81. The longitudinal joints shall be compacted to a density of 90 to 98 percent of the theoretical maximum specific gravity. The theoretical maximum specific gravity used to determine thejoint density will be the average of the daily theoretical maximum specific gravities for the material that was placed on either side of thejoint. Density (percent relative compaction) will be determined per CP 44. The Contractor shall obtain one 6-inch diameter core at a random location within Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 each longitudinal joint sampling section for determination of thejoint density. The Contractor shall mark and drill the cores at the location directed by the Engineer and in the presence of the Engineer. The Engineer will take possession of the cores for testing. The Contractor may take additional cores at his own expense. Coring locations shall be centered on the visible line where thejoint between the two adjacent lifts abuts the surface. The center of all joint cores shall be within 1 inch of this visiblejoint line. Core holes shall be repaired by the Contractor using materials and methods approved by the Engineer. PC and OAjoint coring shall be completed within five calendar days ofjoint construction. Longitudinal joint coring applies to all pavement layers. When constructing joints in an echelon paving process, thejoints shall be clearly marked to ensure consistent coring location. In small areas, such as intersections, where the Engineer prescribes paving and phasing methods, the Engineer may temporarily waive the requirement for joint density testing. Incentive or disincentive payment determined forjoint density per subsection 105.05 will apply to the HMA on each side of thejoint. If a layer of pavement has joints constructed on both sides, incentive or disincentive payment for each of thosejoints will apply to one half of the pavement between thejoints. Along forms, curbs, headers, walls, and all other places not accessible to the rollers, the mixture shall be thoroughly compacted with mechanical tampers. Any mixture that becomes loose and broken, mixed with dirt, or is in any way defective, shall be immediately removed and replaced with fresh hot mixture, and compacted to conform to the surrounding area. The Contractor shall construct a compaction pavement test section (CTS) for each job mix where 2,000 or more tons are required for the project. The CTS will be used to evaluate the number of rollers and the most effective combination of rollers and rolling patterns for achieving the specified densities. Factors to be considered include, but are not limited to, the following: (1) Number, size, and type of rollers. (2) Amplitude, frequency, size and speed of vibratory rollers. (3) Size, speed, and tire pressure of rubber tire rollers. (4) Temperature of mixture being compacted. (5) Roller patterns. The CTS shall be constructed according to the following procedures: The CTS shall be constructed to provide the nominal layer thickness specified. The first 500 tons of hot mix asphalt on the project location shall constitute the CTS. The production and placement rates of the CTS shall closely approximate the anticipated Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 2 production and placement rates for the remainder of the Contract. Compaction of the CTS shall commence immediately after the hot mix asphalt has been spread and shall be continuous and uniform over the entire CTS. For the CTS, compaction shall continue until no discernible increase in density is obtained by additional compactive efforts. All compaction shall be completed before the surface temperature of the mixture drops below 185 OF. Approved types of rollers shall be used to achieve the specified density. The Contractor shall determine what methods and procedures are to be used for the compaction operation. The compaction methods and procedures shall be used uniformly over the entire last 200 tons. The Contractor shall record the following information and a copy of this data shall be furnished to the Engineer. (1) Type, size, amplitude, frequency, and speed of roller. (2) Tire pressure for rubber tire rollers, and whether the pass for vibratory rollers is vibratory or static. (3) Surface temperature of mixture behind the laydown machine and subsequent temperatures and densities after each roller pass. (4) Sequence and distance from laydown machine for each roller, and number of passes of each roller to obtain specified density. Two sets of random cores shall be taken within the last 200 tons of the CTS. Each set shall consist of seven random cores. The Engineer will determine the coring locations using a stratified random sampling process. The locations of these cores will be such that one set can serve as a duplicate of the other. One set of these cores shall be immediately submitted to the Engineer. This set will be used for determining acceptance of the CTS and determining density correction factors for nuclear density equipment. Densities of the random samples will be determined by cores according to CP 44. Density correction factors for nuclear density equipment will be determined according to CP 81. Coring shall be performed under CDOT observation. Coring will not be measured and paid for separately but shall be included in the work. For SMA, a CTS is not used. The Contractor shall follow the requirements for the demonstration control strip per the Revision of Section 403, Stone Matrix Asphalt Pavement. The CTS meets requirements if the Quality Level of the random samples is greater than or equal to 75. The Quality Level will be determined according to CP 71. Once constructed and accepted, the CTS shall remain in place and become part of the hot mix asphalt on the project. When the Quality level is less than 75 the Contractor shall construct an additional test section, utilizing different rollers, or roller positions, or roller patterns as required. A written proposal detailing the changes in methods and procedures that will be used to Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 3 July 1, 2025 obtain density is to be submitted to the Engineer for review before constructing the additional test section. If the Quality Level of a CTS is less than 75 and greater than or equal to 44, the Engineer may accept the material at a reduced price per Section 105. If the Quality Level of a CTS is less than 44, the Engineer may: (1) Require complete removal and replacement with specification material at the Contractor's expense. (2) Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, as determined by the Engineer, permit the Contractor to leave the material in place with a pay factor, but not more than 75 percent of the bid price. Each CTS shall be 500 tons. If in -place densities of the CTS, as determined by nuclear density equipment before determining density of the cores, meet the CTS density requirements, the Contractor may begin production paving and continue to place hot mix asphalt pavement under the following conditions: (1) The period during which the Contractor continues to pave without test results from cores shall not exceed one workday. (2) Construction proceeds at the Contractor's risk. If correlation with the cores reveals that the densities do not meet the CTS requirements, the hot mix asphalt pavement placed subsequently will be subject to price reduction or removal and replacement. After production paving work has begun, a new CTS shall be required for different layers of pavement, unless otherwise approved by the Engineer. Each additional CTS shall be constructed and documented as specified herein, and shall be sampled, tested, and accepted or rejected as described herein. All additional costs associated with construction of the CTS shall be at the Contractor's expense. The hot mix asphalt placed in the CTS will be paid for per subsection 401.22, at the contract price for the hot mix asphalt. If the Contractor requests changes to the roller pattern that was established during the CTS, the Contractor must perform a Roller Pass Study to demonstrate that the specified density is obtained with the new roller pattern before proceeding with the paving operation with Engineer Approval. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Revision of Section 627 Pavement Marking Revise Section 627 by removing and replacing the existing Section 627 of the Standard Specifications with the following: Description 627.01 This work consists of furnishing and applying pavement marking, and furnishing, installing, and removing temporary pavement marking per these specifications, the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), the Colorado supplement thereto, and in conformity to the lines, dimensions, patterns, locations and details shown on the plans or established. Materials 627.02 Materials shall conform to the requirements of the following subsections: Material Requirements Subsection Paint 708.05 Glass Beads 713.08 Modified Epoxy Pavement Marking Material 713.17 Thermoplastic Marking Material 713.12 Pavement Primer 708.07 Preformed Plastic Pavement Marking Material 713.13 Pavement Marking Tape 713.15 Pavement Marking Tape (Removable) 713.16 Raised Pavement Marker 713.18 Preformed Thermoplastic Pavement Marking Material 713.14 Methyl Methacrylate Pavement Marking Material 713.19 Construction Requirements 627.03 General. All pavement markings shall be placed per the following requirements. When the term "full compliance" is used, it means the pavement markings shall meet the requirements of Standard Plan S-627-1. (a) Pavement Marking Plan. When pavement -marking location details are not provided in the Contract, the Contractor shall submit a layout of existing conditions to the Project Engineer for approval. The approved layout is to be used as the final pavement -marking plan. (b) Roadways Closed to Traffic During Construction. Full -compliance final markings shall be in place before opening the roadway to traffic. Pavement markings on detour routes shall be full -compliance markings. (c) Roadways Constructed Under Traffic. Full compliance final pavement markings shall be placed within two weeks after final surfacing is completed. Full compliance pavement markings shall also be placed on any roadways opened to traffic when the project pavement work is discontinued for more than two weeks. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 (d) Temporary Pavement Markings. Temporary pavement markings and control points for the installation of those pavement markings for roadways that are being constructed under traffic shall be installed as follows: Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2 July 1, 2025 1. When one roadway of a normally physically divided highway is closed, and a crossover is constructed, full -compliance pavement markings shall be placed along the tapers and through the median crossovers to the two-way traffic section. Pavement markings through the two-way traffic section shall be as shown on the plans. All temporary paved roadways shall have full -compliance centerline, lane line, and edge line markings before they are open for traffic. Upon removal, markings applied to a final surface shall not leave a scar that conflicts with permanent markings. 2. The following criteria apply to all construction on roadways open to traffic other than (d)1. above: Full -compliance centerline, lane line, and edge line temporary markings shall be in place at the end of each workday. No -passing zone restrictions shall be identified by full compliance no -passing zone markings. No -passing zone markings shall be in place daily. Temporary pavement stencils (SCHOOL, RR Xing, etc.) are not required unless specified in the plans. Temporary pavement markings shall be installed according to the manufacturer's recommendations in such a way that the markings adequately follow the desired alignment. 3. Control Points consisting of 4-inch by 1-foot marks at 40-foot intervals may be placed as guide markers for the installation of temporary or final pavement markings. Raised flexible pavement markers may be substituted for these marks. Control points shall not be used as a substitute for any required marking. (e) Pavement Marking for Seal Coats (Section 409). 1. Raised flexible pavement markers, suitable for use on seal coats, shall be installed as foI lows: No -passing zones shall be marked with two markers placed side -by -side at 40-foot intervals throughout the zone. Passing zones shall be marked with one marker at 40-foot centers. Closer spacing shall be used on curves, as deemed appropriate. Raised flexible pavement markers, installed on 40-foot centers, may also be used to mark lane lines through multi -lane roadway sections. Auxiliary lanes and shoulder lines may be marked with flexible markers on 80-foot centers or as appropriate. 2. Full -compliance final pavement markings shall be placed within one week of completion of the seal coat project. (f) Procedures for Items Paid by the Gallon Either of the following methods are acceptable unless otherwise specified by the Project Engineer. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Method #1 - Use of Data Logging System (DLS) Equipment: The Contractor shall use a "Skip -line by SPEC -RITE" Data Logger System (DLS) or equivalent DLS equipment as approved by the Project Engineer. Calibration: Pavement marking vehicles using a Data Logging System (DLS) shall be calibrated at intervals no longer than 12 months. Calibration requirements and allowable tolerances will be determined by the equipment manufacturer. Prior to the installation of materials paid by the gallon, a copy of the most recent certification report for each DLS equipment system used shall be submitted to the Project Engineer. Verification: A verification test section may be conducted at any time during production at the discretion of the Project Engineer. The verification test shall be performed according to Method #2 and the pavement marking shall be at least 1 mile (5,280 feet) in length, and shall be a width of four, six or eight inches. If the test section cannot be performed as a result of limitations, then method #2 shall be used to verify quantities for payment. If the calibration application rate cannot be verified, then method #2 shall be used to verify quantities for payment. 2. Method #2 - Performing Tank Stabs and Field Measurement Tank stab measurements shall be used to verify the application rate by calculating the volume of material used over the corresponding application (square foot) area. Tank stab measurements shall be performed by the Contractor at the beginning and end of the pavement marking installation with the pavement marking vehicle parked at the same location and direction of travel for each measurement. Tank stab measurements shall be taken to the top of the fluid level from a fixed point. These measurements will be visually observed and recorded before the pavement marking operations begin, at the end of the pavement marking operations, and before and after each tank is replenished. The difference in the height of the fluid level corresponds to the volume of material used per the manufacturer's tank conversion chart. Measurements will be recorded to the nearest 1/4 inch. Plural component materials, such as modified epoxy pavement markings, are applied as a combination of resins and catalysts from separate tanks. Tank stabs shall be recorded for each tank and the volumes combined to determine the total volume, in gallons, applied. Pavement markings shall be field measured to determine the total area of material installed. The tank stab and field measurements will be used to verify the application rate is within the rate specified by the contract. 627.04 Pavement Marking with Low Temperature Acrylic Paint and High Build Acrylic Paint. Striping shall be applied on asphalt or portland cement concrete pavements when the air and pavement temperatures are as follows: for high -build waterborne paint, at least 45 OF and expected to remain 45 OF or above for at least 24 hours; for low temperature waterborne paint, at least 35 OF and expected to remain 35 OF or above for at least 24 hours. The pavement surface shall be dry and clean, and free of all latent materials, per the manufacturer's recommendations. Weather conditions shall be conducive to satisfactory results. Glass beads shall be applied into the paint by means of a low pressure, gravity drop bead applicator. The Contractor shall use equipment that meets the following requirements, as approved: (1) Equipment shall permit traffic to pass safely within the limits of the roadway surface and Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 4 July 1, 2025 shoulder while operating. (2) Equipment shall be designed for placement of both solid and broken line pavement markings with a reasonably clean -edged pavement marking of the width and location as shown on the contract and no overspray on the road surface. (3) Equipment shall have a glass bead dispenser directly behind and synchronized with the paint applicator. Each applicator shall have individual control and automatic skip control that will paint a strip with a gap as shown in the Contract. (4) The equipment may be equipped with a heat exchanger to heat the paint to reduce drying time. (5) The operation shall include a trailing vehicle equipped with a flashing arrow board. The Contractor shall prevent traffic from crossing a wet pavement marking. Pavement markings that have been marred or picked up by traffic before they have dried shall be repaired at the Contractor's expense. Removal of paint material from vehicles that encountered wet paint shall be at the Contractor's expense. The water -based paint pavement markings shall fall within the following minimum and maximum ranges: Table 627-1 Application Rates and Tolerances for Pavement Markings Description Units Pavement Pavement Pavement Marking Paint Marking Paint Marking Paint Low Temp High Build High Build (Temporary) Alignment Inches < 2.0 < 2.0 < 2.0 (Lateral Deviation) Application Rate Sq Ft/Gallon 89-94 67-70 100-105 Thickness Mil 17.5 ± 0.5 23.5 ± 0.5 15.5 ± 0.5 Width Inches Per Plans ± 0.25 Per Plans ± 0.25 Per Plans ± 0.25 No Tack Dry Time @ 770 F Minutes 5-10 7-12 5-10 Glass Bead Application Lbs, Gallon 7+ 9+ 5+ Rate (6) High Build (Temporary) shall only be used for temporary pavement marking applications. Equipment shall have a bead dispenser directly behind, synchronized with the paint applicator and shall be capable of painting a clean -edged pavement marking of the designated width plus or minus 1/4 inch with no overspray on the road surface. For centerlines and lane lines, an automatic skip control shall be used. Machines having multiple applicators shall be used for centerlines with "no passing zones." In areas where machines are not practical, suitable hand - operated equipment shall be used as directed by the Project Engineer. Pavement markings shall be protected until dry. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 5 July 1, 2025 627.05 Modified Epoxy Pavement Marking. The modified epoxy pavement -marking compound shall be applied with equipment that will precisely meter the two components in the ratio given in subsection 713.17(a). The equipment shall automatically shut off or warn the operator if one component is not being mixed. The equipment shall produce the required amount of heat at the mixing head and gun tip to provide and maintain the temperatures specified. Before mixing, the individual components A and B shall each be heated to a temperature of 80 to 140 OF. After mixing, the application temperature for the combined material at the gun tip shall be 80 to 140 OF. The 140 OF upper limit is the maximum temperature under any circumstances. Both pavement and air temperatures shall be at least 35 OF at the time of modified epoxy pavement marking application. The surface areas of new portland cement concrete pavement and decks that are to receive markings shall be waterblasted before placement of the modified epoxy pavement marking. The amount of waterblasting shall be sufficient to remove all dirt, laitance, and curing compound residue. The surface areas of new asphalt pavement, existing asphalt pavement, and existing concrete pavement that are to receive markings shall be cleaned with a high-pressure air blast to remove loose material before placement of the modified epoxy pavement marking. Should any pavement become dirty, from tracked mud etc. as determined by the Project Engineer, it shall be cleaned before the placement of the modified epoxy pavement marking. When recommended by the modified epoxy manufacturer, a high-pressure water blast integrated into the gun carriage shall be used to clean the pavement surface before modified epoxy pavement marking application. The water blast shall be followed by a high- pressure air blast to remove all residual water, leaving only a damp surface. Modified epoxy pavement marking shall be applied to the road surface according to the modified epoxy manufacturer's recommended methods at the application rate or coverage shown below. Glass beads shall be applied into the modified epoxy pavement marking by means of a low pressure, gravity drop bead applicator. Modified epoxy pavement markings and beads shall be applied within the following limits: Table 627-2 Application Rates and Tolerances for Modified Epoxy Pavement Marking Description Units Modified Epoxy Pavement Marking Alignment (Lateral Deviation) Inches < 2.0 Application Rate Sq Ft/Gallon 85 - 90 Thickness Mil 18.5 ± 0.5 Width Inches Per Plans ± 0.25 No Tack Dry Time @ 770 F Minutes 5 - 7 Glass Bead Application Rate Lbs per Gallon 23+ Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 July 1, 2025 627.06 Thermoplastic Pavement Marking. (a) Equipment -General. The material shall be applied to the pavement by an extrusion method where one side of the shaping die is the pavement and the other three sides are contained by or are part of suitable equipment for heating, mixing, and controlling the flow of the material. The equipment shall be constructed to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die shall be so constructed as to prevent accumulation and clogging. All parts of the equipment that come in contact with the material shall be easily accessible and exposable for cleaning and maintenance. All mixing and conveying parts up to and including the shaping die, shall maintain the material at the plastic temperature. The equipment shall be so constructed as to assure continuous uniformity in the dimensions of the pavement marking. The applicator shall provide a means for cleanly cutting off square pavement marking ends and shall provide a method of applying "skip" lines. The use of pans, aprons or similar appliances that the die overruns will not be permitted under this specification. Glass beads for the surface of the completed pavement marking shall be applied by an automatic bead dispenser attached to the applicator in such manner that the beads are dispensed almost instantly upon the completed line. The bead dispenser shall be equipped with an automatic cutoff control synchronized with the cutoff of the thermoplastic material. The equipment shall be so constructed as to provide for varying die widths to produce varying widths of traffic markings. The equipment shall be designed to permit agitation of the material to prevent scorching, discoloration or excessive high temperatures of any part of the material. A special kettle shall be provided for melting and heating the composition. The kettle shall be equipped with an automatic thermostatic control device so that heating can be done by controlled heat transfer liquid rather than direct flame. The applicator and kettle shall be so equipped and arranged as to satisfy the requirements of the National Fire Underwriters. The equipment shall be so equipped as to permit preheating of the pavement immediately before application of the material. The applicator shall be mobile and maneuverable to the extent that straight lines can be followed, and normal curves can be made in a true arc. (b) Types of Equipment. Portable Applicator. The portable applicator shall be a device typically used for painting crosswalk lines, stop bars, short lane lines and short centerlines. The applicator shall be easily maneuverable and capable of being propelled by the operator. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 7 July 1, 2025 2. Mobile Applicator. The mobile applicator shall contain equipment to provide for automatic installation of skip lines in any combination of line and skip up to 40 feet. The mobile applicator shall be moved in conjunction with the melting and heating kettles in such a manner as to provide continuous highway operation of the kettles and the mobile applicator as an integral unit. 3. Epoxy Primer Equipment. The epoxy primer application shall be accomplished using equipment having the following features: A. The main storage tank shall be equipped with a visible gauge that will allow the Project Engineer to readily ascertain the rate of application. B. The main storage tank shall be equipped with a heating device that will maintain the epoxy at a constant efficient temperature. C. The spray nozzle and epoxy spray shall be protected from the action of wind to ensure placement where needed. 4. Cleaning Equipment. Equipment must be provided to ensure removal of laitance, dust, debris, paint and other foreign matter from the road surface immediately before the installation of the composition, or immediately before the application of primer. (c) Application. The pavement marking shall be applied to the pavement to either the right or left of the application unit, dependent upon roadway lane being used. The unit shall not occupy more than one lane of roadway while operating. The finished lines shall have well defined edges and be free of waviness. All of the equipment necessary to the preheating and application of the material shall be so designed that the temperature of the material can be controlled within the limits necessary to its pourability for good application. At the time of installation of thermoplastic materials, the pavement shall be clean, dry, and free of laitance, oil, dirt, grease, paint or other foreign contaminants. Pavement and ambient temperatures shall be at least 50 OF. An epoxy resin primer conforming to subsection 708.07 shall be applied to all pavement surfaces before the application of the thermoplastic pavement marking. The marking material shall not be applied until the epoxy resin primer reaches the tacky stage, approximately 15 minutes under normal conditions. An infrared heating device may be employed to shorten the curing time of the epoxy. To ensure the best possible adhesion, the marking material as specified, shall be installed at the manufacturer's recommended temperature. The minimum thickness of thermoplastic lines as viewed from a lateral cross section shall not be less than 3/32 inch at the edges, or less than 1 /8 inch at the center. Measurements shall be taken as an average throughout any 36-inch section of the line. The material, when formed into traffic pavement markings, must be readily renewable by placing an overlay of new material directly over an old line of compatible material. Such new material shall bond itself to the old line in such a manner that no splitting or separation takes place. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Glass beads shall be applied to the thermoplastic pavement marking by means of a low pressure, gravity drop bead applicator at a rate of 10 pounds per 100 square feet, minimum. 627.07 Methyl Methacrylate Pavement Marking. Methyl methacrylate pavement marking shall be installed per manufacturer's recommendations. The Contractor shall use installation equipment, materials, equipment technicians and operators recommended by the manufacturer. Methyl methacrylate pavement markings shall be applied to the road surface according to the manufacturer's recommended methods at 60-mil minimum thickness. Glass beads shall be applied using a double drop bead application system. The first bead applicator shall apply glass beads at the rate of 3.2 pounds per square yard (10 pounds per gallon) minimum, and 1.9 pounds per square yard (6 pounds per gallon) minimum for the second bead applicator. Methyl methacrylate pavement marking, and beads shall be applied within the following limits: Table 627-3 Application Rates and Tolerances for Methyl Methacrylate Pavement Marking Description Units Methyl Methacrylate Pavement Marking Alignment (Lateral Deviation) Inches < 2.0 Application Rate Sq Ft per Gallon 26 - 28 Thickness Mil 60 ± 2.0 Width Inches Per Plans ± 0.25 No Tack Dry Time @ 77 OF Minutes < 15 Glass Bead Application Rate Lbs per Gallon 1st Application = 10+ 2nd Application = 6+ 627.08 Preformed Plastic Pavement Marking. This retroreflective preformed plastic strip shall be suitable for application on asphaltic or portland cement concrete pavement. The strip shall be applied at the locations called for on the plans or as directed. If recommended by the manufacturer, an epoxy resin primer conforming to subsection 708.07 shall be applied to all pavement surfaces before the application of the preformed plastic pavement marking. The surface of the pavement shall be clean, free of loose foreign material, dry and have no moisture for a minimum of 48 hours before application of the markings. The air and surface temperature shall be a minimum 40 OF or as recommended by the manufacturer. The marking strip as applied shall be in good appearance, free of cracks and the edges shall be true and straight. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 0 July 1, 2025 The preformed plastic pavement marking shall be Type I, Type II, or Type III as shown on the plans. Before beginning installation operations, the Contractor shall submit to the Project Engineer instructions from the performed plastic pavement manufacturer detailing surface preparation, grooving requirements and material application. The instructions shall include the following: (1) Equipment Requirements. (2) Approved Work Methods and Procedures. (3) Material Application Temperature Requirements. (4) Ambient Air and Surface temperature Requirements. (5) Weather Limitations. (6) Special Precautions. (7) Any other requirements necessary for successful installation and satisfactory performance of the material. The Contractor shall secure from the manufacturer all warranties and guarantees with respect to materials, workmanship, performance, or combination thereof, and shall include these warranties and guarantees with the Certification of Compliance. Materials supplied without installation instructions or with incomplete instructions will not be accepted for use. Unless otherwise shown on the plans, typical pavement markings shall conform to the shapes and sizes as shown on Standard Plan S-627-1. The Contractor shall make all arrangements to have a manufacturer -trained installer of the manufacturer's products on -site during the placement of preformed plastic pavement marking to ensure proper installation. A minimum of two weeks before the placement of the preformed plastic pavement marking, the Contractor shall submit written documentation of the installer's qualifications and training in the installation of preformed plastic pavement marking. Upon completion of the work, the Contractor shall obtain and submit to the Project Engineer written documentation from the manufacturer -trained installer certifying that the product was installed in full compliance with this specification and manufacturer's recommendations. The preformed plastic pavement marking shall be inlaid on new and existing pavements as shown in the Contract. The material shall be usable for patching worn areas of the same type according to the manufacturer's recommendations. The Contractor shall not perform wet cutting of pavement unless otherwise directed. Application and removal of temporary pavement marking associated with wet cutting of pavement shall be at the Contractor's expense. The preformed plastic pavement marking shall conform to pavement contours by the action of traffic, and shall be applicable on new, dense, and open graded asphalt wearing courses during the paving operations according to the manufacturer's recommendations. After application, the markings shall be immediately ready for traffic. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 10 July 1, 2025 (a) Inlaid Preformed Plastic Pavement Marking. The grooved width for inlaid preformed plastic pavement marking is called for in the Contract. The grooved width shall be the pavement marking width plus 1 inch, with a tolerance of plus or minus 1 /4 inch. The depth of the grooves shall be 130 mils plus or minus 5 mils. Groove position shall be a minimum of 2 inches from the edge of the pavement marking to the longitudinal pavementjoint. Grooving shall not be performed on bridge decks with Polyester Polymer Concrete Overlays. The bottom of the groove shall have a smooth, flat finished surface. The spacers between blade cuts shall be such that there will be less than a 10-mil rise in the finished groove between the blades. Grooves shall be clean, dry and free of laitance, oil, dirt, grease, paint or other foreign contaminants. The Contractor shall prevent traffic from traversing the grooves, and re- clean grooves, as necessary, before application of the preformed plastic pavement markings. (b) Reserved. 627.09 Preformed Thermoplastic Pavement Marking. The markings shall consist of a resilient white or yellow thermoplastic product with glass beads uniformly distributed throughout the entire cross -sectional area. Legends and symbols shall be capable of being affixed to bituminous pavements by heating. The markings shall conform to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. The material shall have resealing characteristics with the capability of fusing with itself and previously applied thermoplastic markings under normal use. The preformed thermoplastic markings shall be packaged in a protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. The carton in that the material is packed shall be clearly labeled for ease of identification. (a) Application. Application temperature shall be as recommended by the manufacturer. The pavement and air temperature shall be as recommended by the manufacturer at the time of application. The materials shall be applied using a heating method recommended by the manufacturer. The Contractor shall provide the Project Engineer a copy of the manufacturer's installation recommendations before beginning the work. The pavement shall be clean, dry and free from debris. The preformed thermoplastic markings may be installed on top of existing thermoplastic markings after all loose material has been removed. The preformed thermoplastic markings shall not be installed on top of existing preformed plastic pavement markings without first removing the existing markings to a depth that ensures removal of the adhesive backing of the preformed plastic. It shall not be installed on top of pavement marking paint without first removing the paint. (b) Equipment. The Contractor shall use a heating method specifically recommended by the manufacturer for the installation of preformed thermoplastic markings. 627.10 Pavement Marking Tape. Retroreflective tape shall be suitable for temporary use on asphaltic or portland cement concrete pavements. The tape shall be applied at the locations shown on the plans or as directed. The tape shall conform to subsection 713.15. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 11 July 1, 2025 The surface that the tape is applied shall be clean, dry and free of dirt, oils and grease. The tape shall be pressed down immediately after application, until it adheres properly and conforms to the surface. Temporary marking tape sections longer than 1 foot shall be removed before placement of the final pavement course. All tape shall be removed on sections where tape conflicts with revised traffic lanes before opening of new lanes to traffic. Pavement marking tape (removable) shall be installed per the manufacturer's recommendations and maintained throughout the required construction phase at no additional cost to the Department. 627.11 Raised Pavement Markers. Raised pavement markers (temporary) shall be installed on centerlines, edge lines, and lane lines where specified in the Contract. Single markers shall be installed at 5-foot intervals for solid lines. A group of four markers at 3-foot spacings and at 40- foot intervals shall be installed for skip lines. Markers supplementing lines shall be installed at the spacing shown on the plans. Raised pavement markers (temporary) shall be installed per the manufacturer's recommendations and shall be maintained throughout the required construction phase at the Contractor's expense. Method of Measurement 627.12 The types of pavement marking described will be measured by the following units, complete -in -place and accepted. Pavement marking paint will be measured by the number of gallons used. Procedures Method #1 or Method #2 will be used to determine the quantities for pavement markings paid by the gallon. The material used in excess of the application rate specified, will not be paid. Modified epoxy pavement marking, polyurea, and methyl methacrylate pavement marking will be measured by the total number of gallons of components A (pigment/resin) and B (hardener/catalyst) combined to achieve the application requirements as specified. Procedures Method #1 or Method #2 will be used to determine the quantities for pavement markings paid by the gallon. The material used in excess of the application rate specified, will not be paid. Thermoplastic pavement marking, preformed thermoplastic pavement marking, and preformed plastic pavement marking will be measured by the square foot. The unmarked spaces between markings will not be included in the overall measurement. The amount of pavement marking tape to be measured will be the linear feet of the specified width tape applied. Gaps in marking will not be measured for payment. Raised pavement marker (temporary) will be measured as a unit in place and shall include all adhesive necessary for installation. Removal of the raised pavement marker shall be included in the work. Pavement word and symbol markings, transverse and longitudinal crosswalk lines, and stop lines will not be measured, but shall be the quantities, in square feet, designated in the Contract; except measurements will be made for revisions requested by the Project Engineer. The unmarked spaces within these markings will not be included in the measurement. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 12 July 1, 2025 Basis of Payment 627.13 The accepted quantities will be paid for at the contract price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Pavement Marking Paint Gallon Pavement Marking Paint (High Build) Gallon Pavement Marking Paint (High Build)(Temporary) Gallon Pavement Marking Paint (Low Temperature) Gallon Modified Epoxy Pavement Marking Gallon Methyl Methacrylate Pavement Marking Gallon Thermoplastic Pavement Marking Square Foot Preformed Plastic Pavement Marking (Type _) (Inlaid) Square Foot Preformed Plastic Pavement Marking (Word -Symbol) (Type 1) (Inlaid) Square Foot Preformed Plastic Pavement Marking (Xwalk-Stop Line) (Type 1) (Inlaid) Square Foot Inch Pavement Marking Tape Linear Foot Pavement Marking Tape (Removable) Linear Foot Raised Pavement Marker (Temporary) Each Pavement Marking Paint (Word -Symbol) Square Foot Pavement Marking Paint (Xwalk-Stop Line) Square Foot Thermoplastic Pavement Marking (Word -Symbol) Square Foot Thermoplastic Pavement Marking (Xwalk-Stop Line) Square Foot Preformed Thermoplastic Pavement Marking Square Foot Preformed Thermoplastic Pavement Marking (Word -Symbol) Square Foot Preformed Thermoplastic Pavement Marking (Xwalk-Stop Line) Square Foot Waterblasting will not be measured and paid for separately but shall be included in the work. Glass beads and cleaning with high-pressure water blast or air blast shall be included in the cost of the work. Calibration and the verification of DLS equipment will not be measured and paid for separately but shall be included in the work. Each authorized application of temporary pavement marking will be measured and paid for at the contract unit price for the type of material used. Control points and Contractor pavement marking plans will not be measured and paid for separately but shall be included in the work. All costs associated with having the Preformed Plastic Pavement Marking manufacturer - trained installer on -site and providing the documentation will not be measured and paid for separately but shall be included in the work. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 13 July 1, 2025 627.13 THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 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 Minoritv Utilization Timetable - Until Further Notice Economic Standard Metropolitan Counties Goal Area Statistical Area (SMSA) Involved 157 2080 Denver -Boulder Adams, Arapahoe, Boulder, Denver, (Denver) Douglas, Gilpin, 13.8% Jefferson ................... 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 & 12.8% Yuma............................ 158 1720 Colorado Springs El Paso, 10.9% Teller..................................... (Colo. Spgs. - 6560 Pueblo Pueblo ...................................... 27.5% Pueblo) Non SMSA Counties Alamosa, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Fremont, Huerfano, Kiowa, Lake, Las Animas, Lincoln, Mineral, Otero, Prowers, Rio Grande, Sa uache........ 19.0% 159 Non SMSA Archuleta, Delta, Dolores, Eagle, (Grand Junction) Garfield, Gunnison, Hinsdale, La Plata, Mesa, Moffat, Montezuma, Montrose, Ouray, Pitkin, Rio Blanco, Routt, San Juan, San Miguel 10.2% 156 (Cheyenne - Non SMSA Jackson County, 7.5% Casper WY) Colorado .................. GOALS AND TIMETABLES FOR FEMALE UTILIZATION Until Further Notice......................................................................................................................6.9% -- Statewide Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 1 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 2 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 3 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 4 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 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 anyjob 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. j . 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 non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 6 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY o. 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. 8. Contractors are encouraged to participate involuntary 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 7 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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). 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 8 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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, pre - apprenticeship, and/or on -the job training. 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. (2) All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 9 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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 em loyment opportunity policy known to all employees, prospective employees anT 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 otFier 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 aggreement 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 10 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 11 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 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. 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. a. 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 12 AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY 10. Records and Reports. a. 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -1- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Date: January 9, 2026 U.S. Dept. of Labor Davis Bacon Minimum Wages Colorado Highway Construction General Decision Number - CO20260008 Decision No. CO20260008 dated January 9, 2026, supersedes Decision No. CO20250008 December 12, 2025. Modifications ID Mod Number Date Page Numbers) 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. CO20260008 applies to the following counties: El Paso, Pueblo, and Teller counties. General Decision No. CO20260008 The wage and fringe benefits listed below reflect collectively bargained rates. Code Classification Basic Hourly Rate Fringe Benefits Last Mod ELECTRICIAN: 1199 El Paso, Teller 40.70 18.47 1200 Pueblo 35.40 16.06 POWER EQUIPMENT OPERATOR: Drill Rig Caisson 1201 Smaller than Watson 2500 and similar 35.20 15.20 1202 Watson 2500 similar or larger 35.41 15.20 Crane 1203 50 tons and under 35.78 15.20 1204 51 - 90 tons 35.41 15.20 1205 91 - 140 tons 37.34 15.20 General Decision No. CO20260008 The wage and fringe benefits listed below do not reflect collectively bargained rates. CARPENTER: 1206 Excludes Form Work 24.15 6.25 Form Work Only 1207 El Paso, Teller 19.06 5.84 1208 Pueblo 19.00 5.88 CEMENT MASON/CONCRETE FINISHER: 1209 El Paso, Teller 17.36 3.00 1210 Pueblo 17.74 3.00 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -2- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Date: January 9, 2026 General Decision No. CO20260008 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod 1211 FENCE ERECTOR 13.02 3.20 1212 GUARDRAIL INSTALLER 12.89 3.20 HIGHWAY/PARKING LOT STRIPING: 1213 Painter 12.62 3.21 IRONWORKER: Reinforcing (Excludes Guardrail Installation) 1214 El Paso, Teller 20.49 1.65 1215 Pueblo 16.69 5.45 1216 Structural (Excludes Guardrail Installation) 18.22 6.01 LABORER: 1217 Asphalt Raker 17.54 3.16 1218 Asphalt Shoveler 21.21 4.25 1219 Asphalt Spreader 18.58 4.65 Common or General 1220 El Paso 17.05 3.69 1221 Pueblo 16.29 4.25 1222 Teller 16.88 3.61 1223 Concrete Saw (Hand Held) 16.29 6.14 1224 Landscape and Irrigation 12.26 3.16 1225 Mason Tender - Cement/Concrete 16.29 4.25 1226 Pipelayer 18.72 3.24 1227 Traffic Control (Flagger) 9.55 3.05 1228 Traffic Control (Sets Up/Moves Barrels, Cones, Installs signs, Arrow Boards and Place Stationary Flags), (Excludes Flaggers) 12.43 3.22 1229 PAINTER (Spray Only) 16.99 2.87 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -3- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Date: January 9, 2026 General Decision No. CO20260008 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR: 1230 Asphalt Laydown 22.67 8.72 1231 Asphalt Paver 21.50 3.50 Asphalt Roller 1232 El Paso 24.42 6.96 1233 Pueblo 23.67 9.22 1813 Teller 24.42 6.96 1234 Asphalt Spreader 22.67 8.72 Backhoe/Trackhoe 1235 El Paso 23.31 5.61 1236 Pueblo 21.82 8.22 1237 Teller 23.32 5.50 1238 Bobcat/Skid Loader 15.37 4.28 1239 Boom 22.67 8.72 Broom/Sweeper 1240 El Paso, Teller 23.43 8.04 1241 Pueblo 23.47 9.22 Bulldozer 1242 El Paso 26.56 7.40 1243 Pueblo, Teller 26.11 6.92 1244 Drill 17.59 3.45 1245 Forklift 15.91 4.68 Grader/Blade 1246 El Paso 22.83 8.72 1247 Pueblo 23.25 6.98 1248 Teller 23.22 8.72 1249 Guardrail/Post Driver 16.07 4.41 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -4- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Date: January 9, 2026 General Decision No. CO20260008 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod POWER EQUIPMENT OPERATOR (con't.): Loader (Front End) 1250 El Paso 23.61 7.79 1251 Pueblo 21.67 8.22 1252 Teller 23.50 7.64 Mechanic 1253 El Paso 22.35 6.36 1254 Pueblo 24.02 8.43 1255 Teller 22.16 6.17 Oiler 1256 El Paso 23.29 7.48 1257 Pueblo 23.13 7.01 1258 Teller 22.68 7.11 Roller/Compactor (Dirt and Grade Compaction) 1259 El Paso 16.70 3.30 1260 Pueblo, Teller 18.43 4.62 1261 Rotomill 16.22 4.41 1262 Scraper 24.28 4.83 Screed 1263 El Paso, Teller 25.22 5.74 1264 Pueblo 23.67 9.22 1265 Tractor 13.13 2.95 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -5- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Date: January 9, 2026 General Decision No. CO20260008 The wage and fringe benefits listed below do not reflect collectively bargained rates. Code Classification Rate Basic Hourly Fringe Benefits Last Mod TRUCK DRIVER: Distributor 1266 El Paso, Teller 17.98 3.97 1267 Pueblo 18.35 3.85 Dump Truck 1268 El Paso, Teller 16.85 4.83 1269 Pueblo 16.87 4.79 1270 Lowboy Truck 17.25 5.27 1271 Mechanic 26.69 3.50 1272 Multi -Purpose Specialty & Hoisting Truck 17.27 3.71 1273 Pickup and Pilot Car 13.93 3.68 1274 Semi/Trailer Truck 16.00 2.60 1275 Truck Mounted Attenuator 12.43 3.22 Water Truck 1276 El Paso 17.24 4.15 1277 Pueblo 20.93 4.98 1278 Teller 17.31 4.07 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 contract clauses (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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B -6- U.S. Dept. of Labor Davis Bacon Minimum Wages, Colorado Highway Construction, General Decision Number - CO20260008 Wage Determination Appeals Process 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WED letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination Date: January 9, 2026 On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WED Branch of Wage Surveys. Requests can be submitted via email to: davisbaconinfoLddoLgov, or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WED Branch of Construction Wage Determinations. Requests can be submitted via email to: BCWD-OfficeLddo1.ov, or by mail 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 an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part7). Requests for review and reconsideration can be submitted via email to: dba.reconsiderationLddol. oovv, or by mail 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 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. End of General Decision No. CO20260008 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 1 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 forjourney-level workers in the area; I. Recognition of the state's goal; J. A satisfactory ratio of trainees tojourneymen 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. Contract do lar value Training hours to be provided on the project Up to 1 million 0 1 -' 2 million: 320 >2 - 4 million 640 �4 - 6 million: >. 12$ 1 >6 - 8 million 1600 >8'- 12 million i920 >12 - 16 million 2240 >16 - 20,millioil 2560 For each increment of $5 million, over $20 million 1280 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 2 On The Job Training 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; 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 tojourney-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 thejob 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 3 On The Job Training 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. 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 CDOTjob (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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 4 On The Job Training 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 5 On The Job Training The minimum trainee wage (base and fringe) shall be no less than $13.00 per hour. Trainees shall be paid at minimum: 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 goa 1. 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 6 On The Job Training 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 thejourney worker hourly wages plus fringe benefits [(hours not met) x (dollar per hour + fringe benefits) = disincentive amount]. In order to obtain the disincentive amount, thejourney worker wages will be figured using the prevailing wages for the classifications outlined on the MOT 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 thejourney 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. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B July 1, 2025 Required Contract Provisions Federal -Aid Construction Contracts Attached is Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts. 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: For TAP (Transportation Alternatives Program) funded Recreational Trails projects, Section 1 (4) regarding convict labor and all of Section IV of the FHWA 1273 do not apply. 1 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Required Contract Provisions Federal -Aid Construction Contracts I. General II. Nondiscrimination III. Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VI I. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. 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 WC] 4 0114Mil , 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 FHWA-1273 — Revised October 23. 2023 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 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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 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 M Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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. 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 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 for a 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: 0 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (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. IIIA01IQ01&11xCIN=10ell941lyeCdl11111*1 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. VmWITl RE_YiTfiel01 Fill 01I17:7=Iwill 1=IILCeld:J:Z61T/f.115C01K 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. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), 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 basic hourly 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. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis -Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. 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 must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. 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 classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis -Bacon poster (WH-1321) must 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. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that: (i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 67 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (ii) The classification is used in the area by the construction industry; and (iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must 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 be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate 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 used in the area by the construction industry; and (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) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (3) 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 will be sent by the contracting officer by email to DSAconform ance o(7dol.gov. 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. (4) 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 will, by email to DSAconformance oC7dol. pov, 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. (5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must 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. d. Fringe benefits not expressed as an hourly rate. 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. 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, in accordance with the criteria set forth in § 5.28, 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. f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. 2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and 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. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed. (2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; 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 40 U.S.C. 3141(2}(B} of the Davis -Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. (3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section 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 40 U.S.C. 3141(2}(B} of the Davis -Bacon Act, the contractor must 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. (4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts - covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division website at hops://www.dol.pov/sites/dolpov/files/WHD/ 1egacy/fi1es/wh347/ pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following: (i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working 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; and (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(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (4) Use of Optional Form WH-347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(3) of this section. N Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. (6) Falsification. 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.3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, 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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. (3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity (29 CFR 5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform 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 (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Fringe benefits. Apprentices must 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, fringe benefits must be paid in accordance with that determination. (3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must 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 this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed. b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with E:3 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. c. 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 journeyworkers 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 must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. 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. a. By entering into this contract, the contractor certifies that neither it 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 40 U.S.C. 3144(b) or § 5.12(a). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3. 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 watchpersons 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 and interest from the date of the underpayment. 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 01 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B mechanic, including watchpersons 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. $31 as of January 15, 2023 (See 88 FR 88 FR 2210) 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 a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, 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 that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: (1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (2) A contracting agency for its reprocurement costs; (3) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (4) A contractor's assignee(s); (5) A contractor's successor(s); or (6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower - tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. 5. Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. 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; M Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B (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). 1T/I�"fa1y=111viviTfidU]=I011111d:JN41=I0111111IQ011 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 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." 11 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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 200.327. 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 200.327. 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 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 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 (httr)s://www.sam.ggv/). 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. 12 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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 learns 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 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 not required to, check the System for Award Management website (https://www.sa.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 a 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 13 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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. 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals (1) 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; (2) 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 (3) 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) b. 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 for a 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. 14 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 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 (1 c) 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 (1 c) 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. W Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: idxp1 07-01-2025 ADA 2.1.24 Colorado Department of Transportation Special Provisions HAAFF Elementary School — SRTS The 2025 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. Project Special Provisions Index Pages On the Job Training Contract Goal Section 240-Protection of Migratory Birds Biological Work Performed by a CDOT Biologist 1 Page (10-01-2023) 1 (8-21-2023) 2 (8-22-2023) 3 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: ojtcg 02-03-11 (Re -issued 07-03-17) (tech chk 01-13-23) ADA 8.21.23 On The Job Training Contract Goal The Department has determined that On the Job Training 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 On the Job Trainees working in an approved training plan in this Contract has been established as follows: Minimum number of total On the Job Training required 0 hours C Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: 240pmbcdotb 02-03-11 (Re -issued 07-03-17) (tech chk 01-13-23) ADA 8.22.23 Page 1 of 5 Section 240 Protection of Migratory Birds Biological Work Performed by a CDOT Biologist Add Section 240 to the Standard Specifications for this project as follows: Description 240.01 This work consists of protecting migratory birds during construction. Materials and Construction Requirements 240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking (pursue, hunt, take, capture, or kill; attempt to take, capture, kill or possess) migratory birds protected by the Migratory Bird Treaty Act (MBTA). (a) Vegetation Removal. When possible, vegetation shall be cleared before the time active nests are present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 shall first be surveyed within the work limits by a CDOT biologist for active migratory bird nests (contact Summer Slama 719-238-3305 / summer.slama@state.co.us). The CDOT biologist will also survey for active migratory bird nests within 50 feet outside of the work limits. Project personnel shall enter areas outside CDOT right of way only if a Form 730, Permission to Enter Property, has been signed by the property owner. The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the biologist until all nests within that area have become inactive. Inactive nest removal and other necessary measures shall be incorporated into the work as follows: Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August 31, a survey for active nests will be conducted by the CDOT biologist within the seven days immediately before the beginning of work in each area or phase of tree and shrub removal or trimming. The Contractor shall notify the Engineer at least ten working days in advance of the need for the CDOT biologist to perform the survey. If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. Work shall not proceed within the fenced buffer area until the young have fledged or the nests have become inactive. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: 240pmbcdotb 02-03-11 (Re -issued 07-03-17) (tech chk 01-13-23) ADA 8.22.23 Page 2 of 5 Section 240 Protection of Migratory Birds Biological Work Performed by a CDOT Biologist If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. 2. Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds' habitat, if work occurs between April 1 and August 31, the area shall be surveyed by the CDOT biologist within the seven days immediately before ground disturbing activities. The Contractor shall notify the Engineer at least ten working days in advance of the need for the CDOT biologist to perform the survey. The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing until August 31 or until the end of ground disturbance work, whichever comes first. If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. (b) Work on structures. The Contractor shall prosecute work on structures in a manner that does not result in a taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he takes the following actions: (1) The Contractor shall remove existing nests before April 1. If the Contract is not awarded before April 1 and CDOT has removed existing nests, then the monitoring of nest building shall become the Contractor's responsibility upon the Notice to Proceed. (2) During the time that the birds are trying to build or occupy their nests, between April 1 and August 31, the Contractor shall monitor the structures at least once every three days for any nesting activity. (3) If birds have started to build any nests, the nests shall be removed before they are completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: 240pmbcdotb 02-03-11 (Re -issued 07-03-17) (tech chk 01-13-23) ADA 8.22.23 Page 3 of 5 Section 240 Protection of Migratory Birds Biological Work Performed by a CDOT Biologist (4) Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired or replaced as needed. Netting shall consist of a mesh with openings that are 3/4 inch by 3/4 inch or less. If an active nest becomes established, i.e., there are eggs or young in the nest, all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied as determined by the CDOT Biologist and approved by the Engineer. The Contractor shall prevent construction activity from displacing birds after they have laid their eggs and before the young have fledged. If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, the Contractor shall remove and properly dispose of netting used on the structure. (c) Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for the taking of a migratory bird. Method of Measurement 240.03 Removal of nests will be measured by the actual number of man-hours spent removing inactive nestsjust before and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to the Engineer each week for approval a list of the workers who removed nests and the number of hours each one spent removing nests. Netting will be measured by the square yard of material placed to keep birds from nesting on the structure. Square yards will be calculated using the length of netting measured where it is attached to the ground and the average height of the netting where it is attached to the structure. Basis of Payment 240.04 The accepted quantities measured as provided above 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 Removal of Nests Hour Netting Square Yard Payment for Removal of Nests will be full compensation for all work and material required to complete the work. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Work Sheet: 240pmbcdotb 02-03-11 (Re -issued 07-03-17) (tech chk 01-13-23) ADA 8.22.23 Page 4 of 5 Section 240 Protection of Migratory Birds Biological Work Performed by a CDOT Biologist Payment for netting will be full compensation for all work and material required to complete the item. Overlaps of netting will not be measured and paid for separately but shall be included in the work. Maintenance and replacement, removal, and disposal of netting will not be measured and paid for separately but shall be included in the work. Clearing and grubbing will be measured and paid for per Section 201. Mowing will not be measured and paid for separately but shall be included in the work. Removal and trimming of trees will be measured and paid for per Section 202. Fence (Plastic) will be measured and paid for per Section 607. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B FFATA REPORTING FORNIXERTIFICATION The Federal Funding Accountability and Transparency Act (FFATA) seeks to provide the public with greater access to Federal spending information. Due to FFATA requirements, you are required to provide the following information, which may be used by the City of Pueblo ("City") to comply with federal reporting requirements. Please fill out the following form accurately and completely, have it signed by an authorized official, and submit to the City along with all required paperwork. No payments will be made until this form is received and accepted. Name of Applicant: ApplicantAddress: City: State: Zip: Congressional District: Applicant DUNS number: Principal Place of Performance of Proposed Project: City: State: Zip: Congressional District: Brief Project Description: If certain conditions are met, Applicant must provide names and total compensation of Applicant's top five highly compensated Executives to the City. Please answer question number 1, and follow the instructions. If directed to answer question 2, please answer question 2 and follow instructions. 1. In Applicant's previous fiscal year, did Applicant receive (a) 80 percent or more of Applicant's annual gross revenues in U.S. federal contracts and subcontracts and other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320; AND (b) $25,000,000 or more in annual gross revenues from contracts and subcontracts and other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320? Yes ❑ If yes, answer question 2 below. No ❑ If no, stop, you are not required to report names and compensation. Please sign and submit form to the City. 2. Does the public have access to information about the compensation of Applicant's senior executives through periodic reports filed under section 13(a) or 15(d) of the Security Exchange Act of 1934 (15 U.S.C. 78(m)(a), 78o(d)), or section 6104 of the Internal Revenue Code of 1986? Yes ❑ If yes, stop, you are not required to report names and compensation. Please sign and submit form to the City. No Df no, you are required to report names and compensation. Please fill out the remainder of this form. Please provide the names and Total Compensation of the top five most highly compensated Executives in the space below. (NOTE: Executive means officers, managing partners, or any other employees in management positions. Total Compensation means the cash and oncash dollar value earned by the Executive during the Applicant's preceding fiscal year and includes salary and bonus, awards of stock, stock options, and stock appreciation rights; earnings for services under non -equity incentive plans, change in pension value, above market earnings on deferred compensation which is not tax -qualified, and other compensation exceeding $10 000 as defined in Appendix A to 2 C.F.R. Part 170. Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: The Applicant certifies that the information contained on this form is true and accurate. CITY USE Signed: Title: Date: FFATA Reporting Form - Page 1 of 1 Revised 0217/2016 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B t;oloraao uepartment of I ransportation Contractors Performance Capability Statement — Form 605 Instructions: Form to be completed by an authorized agent or Officer of the successful bidder/Contractor selected for award in accordance with the Colorado Department of Transportation's Bid Rules. Attach additional pages as needed if more space is required to complete the form. Project Number: Partnerships or Joint Ventures: List the names of any partnerships or joint ventures in the area below or put a check mark in the box for none. None❑ Performance Capability: For each item below identify decreases in the Contractor's fiscal or workmanship qualifications compared to the last prequalification application submitted to the Colorado Department of Transportation. If there are no changes/decreases, put a check mark in each box for none as applicable. Key Personnel Changes - None❑ Key Equipment Changes - None❑ Fiscal Capability Changes - None❑ Other Changes Affecting Ability to Perform Work - None❑ Signature Declaration: 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 Company Name Title Date Second Company Name if Joint Venture M Title Date Form Number 605 — April 2024 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B t;oioraao uepartment of i ransportation Anti Collusion Affidavit — Form 606 Instructions: Form to be completed by an authorized agent or Officer for the bidder/Contractor submitting a bid for the Colorado Department of Transportation Project identified below. Project Number: 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 their 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. 2. 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. 3. 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. 4. 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 noncompetitive bid or other form of complementary bid. 5. 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. 6. 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. 7. 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. 8. 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. 9. 1 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. 10. 1 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. Signature Declaration: 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 Company Name By Title Date Second Company Name if Joint Venture By Title Date Form Number 606 — April 2024 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B t;oioraao uepartment of i ransportation Assignment of Antitrust Claims — Form 621 Instructions: Form to be completed by an authorized agent or Officer of the successful bidder/Contractor selected for award of the Colorado Department of Transportation (CDOT) Project identified below. Project Number: Contractor and CDOT recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Contractor hereby agrees to the following assignment of antitrust claim provisions for the executed construction Contract for the project: 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 the executed construction Contract. 2. Contractor hereby expressly agrees: A. Upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: i. Such third party that the antitrust claim has been assigned to CDOT, and ii. CDOT that such civil action is pending and of the date on which, in accordance with subparagraph A.(i) 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. 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 executed construction Contract, Contractor shall require that each subcontractor do the following: A. Irrevocably assign to CDOT as a third party beneficiary all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal and state antitrust laws in connection with any goods or services provided by the subcontractor in carrying out the subcontractor's obligations to the Contractor. B. Upon becoming aware that a third party has commenced a civil action asserting on subcontractor's behalf and antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: i. Such third party that the antitrust claim has been assigned to CDOT, and ii. Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph B(i) above, 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. D. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. Signature Declaration: Acting in my capacity as an authorized agent or Officer for the Contractor do hereby agree to the above assignment of antitrust claim provisions. Contractor Company Name By Title Date Second Company Name if Joint Venture By Title Date Form Number 621 —April 2024 O O LU N 1 w ~ n N 0 C2fl LQ W O CO �Z O N O m W .a O Q W W Z w W a O Q a w F U 0. 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Yx 4001 u m 0 U Z F N U zO m Z } U %%// %/ �/� m Z m = W c�9 ..ONE, ~ OU ~ww��� r „J j"y� z �oNNNuNQ e vp I C9wUQU m m 0 a / w U U w m W =ZZmm d x I / % (nZOwZZ- QOOmUO t co i�Q N U ) - - - - - - - - - - Q o z ui - ui ui - - ui ui ui ui w O r oco�m�cor-wcoN dN J �w�mwmcl m I _ UU U U UU NwwwwNNNNNNw �I U0OOOcnU UU Un UnU Q zz z z zz J �wwwwoo 0 0 00 �� zmmmUUUUUUz z Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B ADDITIONAL INFORMATION FFATA Reporting Form/Certification Affirmative Action Plan Insurance Certificate(s) Certificate of Good Standing SOCO Building License Information System for Award Management (SAM) Information Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B FFATA REPORTING FORM)CERTIFICATION The Federal!, Funding Accountability and Transparency Act (FFATA) seeks to provide the public with greater access to Federal spending, information. Due to FFATA requirements, You are required to provide the following information, which may be used by the City of Puebio ("City") to comply with federal reporting requirements. Please fill out the following form accurately and completely, have it signed by an authorized official, and submit to the City along with all required paperwork, No payments will be made until this form is received and accepted. Name of Applicant: L,Vl- R- C Applicant Address, City. Stat Zip: Conife lon.1 istr t: ... ....... .. Applicant DUNS number:_ <�1111 , "�9 C:7 CZ(J � cc ? c Principal Place of Performance of Proposed Project. City: State. Zip. C11— ng , ' flail)" t ii t co're" Brief Project Descittr3(on: ccl> I') (V, M�3_,Q (I � 1,(} -1) &Ir 4CkY-C) r+it"NSA' d Cro',S L,2,c-Le5"4,4/ 011 fCUAXct',OA 0AV� e:'k�,Ly �,:� V c& " " If cerlain conditions are inet, Applicant must provide names and total compensation of Applicant's top five highly compensated Executives to the City. Please answer question number 1, and follow the instructions. If directed to answer question 2, please answer question 2 and follow instructions. L In Applicant's previous fiscal year, (lid Applicant receive (a) 80 percent or more of Applicant's annual gross revenues in U.S. federal contracts and Subcontracts and other federal financial assistance subject to the "in ransparency Act, as defined in 2 C.KR. 170.320; A,NQ (h) $25,000,000 of- more in annual gross revenues from contracts; and subcontracts and other federal financial assistance Subject tar the 'Transparency Act, as defined in 2 C-KR. 170.320? yes Ifycs, an; question 2 Mow, Imn to the City, No <no, stop, you are not required to report names and compensation. Please sign and submit 15 2. Tories (lie public have access to information about the compensation of Applicant's senior executives through periodic reports filed under section 13(a) or 15(d) of the Security Exchange Act of 1934 (15 U.S.C. 78ni)(a), 78o(d)), orsection 6104 of the Internal li Code of 1986? Yes E] 117yes, stop, you are not required to report narnes and compensation, Please sign an(] subrnit form to the City. No DI"no, YOU are RX[Uired to report names and compensation. Please fill out the remainder of Ons form. Please provide the nannies and Total Compensation of the top five most highly compensated Executive; in the, space below. (NOTE: Fxecutive incrins officers. managing Purtners, or any other cinployces in man agcnwn (posit ions. Total Cot-npensafion means the eash and noncash dollar va4ic earned by the hxectifive during the Applicant's preceding fiscal year and includes salary and bonus, awards ofstock, stock options, and stock appreciation rights: earnings for services Linder rich-eqUity incentive plans, change in IMASiOu Value, above market carnings on defcrred compensation Which is not tax- Ila I le „ an, crtlr,er COInDerls"I I )n Cdefined in Aropendix A to 2 F,R. ["ail 170,1 Name: 'Total Compensation: Name. 'Total CompOisation: !Name: 'Total Compensation: Nanic. Total Compensation. Name: Total Compensation: The Applicant certifies t t the information contained on this lbrin is true and accurale. CITY Ulvr� ............. Signed: Title: 11,116,I)l Tr — ........... . . ....... Mite: FF"ATA Reporting Form - Page I sit Revised 0217i2016 Docusign Envelope ID: 66612666-6AOB-8AO4-8231-61923CDEE85B F.A.11 a 9 1 IR X019411110IMMOus :1411MAIIIII0301 0°»1 11,3011619m, 1100 RUM DATE APPROVED: — JanujjU 2022__,______._,,,_ Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B The Sponsor enters this Afffir-native Action Plan (AAP) with good faith for the purpose of promoting equakty of opportunity into its Registered Apprenticeship Program, The Sponsor seeks, to increase the recruitment of: qualified women and/or minorities for, possible selection into the apprenticeship proprarn in the event women and/or minorities are underutilized in the apprenticeship program. The Sponsor hereby adopts the followiing nondiscriminatory pledge and the AAP. This Plan is a supplement to the Apprenticeship Standards, Any changes fnade by the Sponsor will become part of this written AAP, once approved by the Registration Agency, SECTION 11 - EQLJAL OPPORTUNITY PLEDGE The Sponsor commits to the following Equal Opportunity Pledge, "I'he recruitment, selection, employment, and training of apprentices during their apprenticeship, shall be without drscrimination because of race, color, religion, national origin, or sex "The Sponsor will take affirmative action to provide equal opportunity in apprenticeship arid will operate the apprenticeship program as requ�red under Title 29 of the Code of Federal Regulations, part 30," SECTION III - UTILIZATION AND, ANALYSIS GOALS AND TIMETABLES In order to allow positive recruitment and full utilization of minorities and women in the apprenticeship program, the Sponsor pledges to identify outreach efforts Linder Section IV which will be unidertakerii,, then purpose of the analysis iis to determine the minority and women's labor force in t!re Sponsoii`s Vabor market area, Once the labor force is determined, the Sponsor can determine if' deficiencies exist iin terms of Lind erutil ization of minorities and/or women in the occupations registered with the Registration Agency, SECTION IV - OUTREACH AND POSITIVE RECRUITMENT The Sponsor's AAP includes the following "checked" outreach and positive recruitment efforts that would reasonably be expected to increase minority and women's participation iin apprenticeship by expanding the opportunity of minorities and women to become ehgibie for, apprentucpship seieictlon once those efforts have been checked, the Sponsor will set forth the specific steps they intend to take under each identified effort, The Sponsor will identify a significant Mirnber of activi6es 'in order to enable it to meet its obligation, under Title 29, CPR part 30.4(c), A. An annOLincement of specific apprenticeship openings must be disseiminated thirty (30) days iin advance of the earliest date for application at each interval to the following age ncn es/o rga nLzatioTm - Registration Agency - Wornen's, Organizations/Centers, - Local Schools Ernployment Service Centers One Stop Centers Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B VwAJoinai Wn)Os OVher (which (an effectWely reach rn4writies, and wornen) Newspapers (which aie ir(Lflated in the rninority wn,irnunity and among worrien) The anniciuncr,,mient will incArde the natr.jre of the apprenticeship, requirernents for admission to apprenficeship, avaflablhty r:)f apprenticeship oppor-tunrties, SOUrces of apprenticeship applications, and the Sponsor's equal opporturOy poficy, The period for accepting apphcations as estabhshed by V're Sponsor, is� B, Participation nn annual workshops conducted by employrrient service agencies 'for the purpose of farriOiar6rig schorfl, employment Service and other appropriate personnel with the apprenticeship prograiri and ci,vrent opporturnties,, C, Coopefation with school bcords arid vcxational educational systr,irns to devek)p prograrns for preparitig stridents to meet the standards and criteria required to qualify for entry into the appreinticesNp l!nrcgrani,, D, lntiernal communication of the Sponsor's equal opportunity pohcy sholiAd be coriducted in suth a manner to fostef underrSlanding, acceptance, and SUPport among the Sponsor's varkws officer's, supervisors, ernployees, and ITIPrnbers, and to encourage such, persons to, take the necessary actron to aNd in meeting its obhgatrcin under Titff,r 29, CFR part 30, E. ErTiagft in programs such as outreach for the positive recruitment and preparatnon of poterf,ai applicants for apprent icesh ips; where appropriate and feasible, such prograrns wiH proVide for ptre. testing expem ience and training, qn initiating and conducting thiese programs, the Sponsor rnay he roclk.4ed to work with other Sponsors and appropriate community organiz,ations, The Sporsor WiN auso initiate programs to prepare women and enCOLJrage women to enter tradftic'maHly n4e progirarns F' Encouraging the establishment and utflization of programs of pre-apprienticesNp, preparatory trade training, or others designed to afford related work experience or prepare canduidatps for appreiittucesIhip, I he Sponsor will make appropriate provisions nln its AAP to, assure that those who cornplete SU1011 p rr 0 g rarns are afforded full and equal opportunity for adrriissdon intio, the apprenticeship pro grai n G. Utilizing journeyworkers to assist in the implementation of affirmative action in the appirenticeolip program, H, Granting advance standing or credit on the basis of previously aCquire d experience, r,4nip ng,, skds, or, aptitude for all applicants equi,Ay, I, Other, appropriate action to ensure that the recruitment, s0ectiorr,, empioyrnairt, and traiiining Hof apprentices during their apprenticeship will be without discriniin,,itOni blecause, of race, coior, reN&n, national origin, or sex (e.g., general publication of apprenticeship opipoirtunibes and advantages i in adverfise,ments, industry reports, articles,, etc., use of presrunt nflinoi ity and women apprentic es wiiril journey workers as recruiters; career, counseling; developrnent got reasonaNt, pircedures to ejrnsuii f,r employment opportunity, including reporting systeirns, on rile rcMews, briefft sessi(om) (Identify Actiorr) Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B SKTION V',,-,-, ANNUAL REVIEW OF FFIR '')VE T N PLAN "Me SNmmx w0l nnMe an mmuM m0m of its cu"ent AAP and As overall eReoNer-rus and holoe any miAmns or modifications Yvauantpd. ThomvWw ;uM analze (indppendently ;.)nd coHP(.twP1y) the aftf rnatm,, acticm steps taken by the Sponsor Or evaluating the positWe irripact, asweH as the adverse iniitart gun the areas of ordreach and rnruament QeuhM empWWnent, and tmN, They SH work, chhgcmfly to Oenofy the cme and affect that result from thed aff4matme Wmi meamm, The Sponmr Vflh ('W1tMWWY r'nannor these proce5ses in order to identify the need for a, new, affinmative actuorc effort anQcf de[eban of heffeamr Wiling aMON(WO, AH changes to the AAF) must be subrnitlpid to, thoe, ReWshalbn Agency for appmvaL The Sporrm vWH cmitinualily rnonitor the par-hr, ipation rates of rnhno6l�es and mmen in the apprentmesh4) program, in an efforl to idenffy any type of underutilkamy if underuildatbri re' at cmmaNe achn mH be imirnecWtOy +rn ptemcn led, The pir ,,j a s ,,,md timetables allo wM be mvlewod pehodicalby as (JeWmined by he Registriatnrm Agerwy ar�d Upd,d= whe(,! necessary, Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B z_%q4_.. %—'Fft " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/12/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol icy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Paul Borst Noakes Paul Noakes(07063HG) PHONE FAX 122 W 13th St (A/C, NO, EXT): 719-289-7228 (A/C, No): 814-206-0601 E-MAIL Pueblo CO 81003-3702 ADDRESS: pnoakes1@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 CEDAR RIDGE LANDSCAPE, INC. INsuRERc: Mid Century Insurance Company 21687 6 MERRITT CT INSURER D: INSURER E: PUEBLO CO 81001 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ISTOCERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAME ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE /� OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence) $ 100,000 MED EXP (Any one person) $ 5000 PERSONAL &ADV INJURY $ 1,000,000 C Y N 607041076 06/15/2025 06/15/2026 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ® PROJECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODI LY I NJU RY (Per person) $ ANYAUTO BODI LY I NJU RY (Per accident) $ OWNEDAUTOS SCHEDULED ONLY AUTOS PROPERTY DAMAGE (Per accident) $ HI RED AUTOS NON -OWNED ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY [STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ Y/N E.L.EACHACCIDENT $ EXECUTIVE OFFICER/MEMBER N/A E.L. DISEASE - EAEMPLOYEE EXCLUDED? (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $ Ifyes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project 26-010 HAAFF Elementary School - SRTS The City of Pueblo, its agents, officers and employees are designated as additional insured." CERTIFICATE HOLDER CANCELLATION CITY OF PUEBLO A MUNICIPLE CORPORATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 230 S MECHANIC ST DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PUEBLO CO 81003 ACORD 25 (2016/03) 31-1769 11-15 ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B AC R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/1/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ashley Harvey Ste hanie Burdick p PHONE FAA 719 593-1712 A/C, No, Ext : (A/C, No): ADDRESS: ashleyharvey@themainstreetagency.com 123 W 12th St INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : GENERAL INS CO OF AMER 24732L Pueblo CO 81003 INSURED INSURER B : OHIO SECURITY INS CO 24082 INSURER C : Cedar Ridge Landscape Inc INSURER D : 6 Merritt Ct INSURER E : INSURER F : Pueblo CO 81001-4258 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ETT- CLAIMS -MADE ❑ OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC JECT PRODUCTS -COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED AUTOS ONLY x AUTOSULED Y ,d,ZG66389324 06/30/2025 06/30/2026 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY F1F<UF1EF< I Y DAMAGE$ (Per accident) UM/UIM CSL $ 1,000,000 UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION ND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? Fy-1 N / A Y XWS66389324 01/23/2026 01/23/2027 OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project 26-010 HAAFF Elementary School - SRTS BUSINESS AUTO POLICY BASE EXTENSION Endorsement# AC0033, as it pertains to the Additional Insured on the commercial auto policy, is attached. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT# WC000313, as it pertains to the worker's comp policy, is attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pueblo ACCORDANCE WITH THE POLICY PROVISIONS. a Municipal Corporation AUTHORIZED REPRESENTATIVE 230 S Mechanic St ASWLE=Y fJARW Y Pueblo CO 81003 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B POLICY NUMBER: COMMERCIAL AUTO AC 00 33 10 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO POLICY BASE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by endorsement. SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Newly Formed Or Acquired Subsidiaries The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period shown on the Declarations. Coverage shall apply for the first ninety (90) days after your acquisition or the formation of such subsidiary, including the date of acquisition or formation. If you wish to add or continue coverage you must ask us to insure the subsidiary within ninety (90) days after you acquire or form the subsidiary. However, "insured" does not include any subsidiary that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specifically to apply in excess of any coverage provided by this policy; or (3) Has exhausted its Limit of Insurance for any policy with effective dates overlapping the date of acquisition or formation; or (4) Following the entity's acquisition or formation by you, has had any other automobile policy cancelled or non -renewed. Coverage under this provision d. does not apply to "bodily injury" or "property damage" caused by an accident that occurred before you acquired or formed the subsidiary. 2. Employee Hired Auto The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: e. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. Paragraph 5.b. of the Other Insurance Condition in the Business Auto and Auto Dealers Coverage Forms and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and AC 00 33 10 21 © 2021 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 05/01/2025 66389324 candidateProcess EC Insured Copy Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 3. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 4. Additional Insured By Contract, Agreement Or Permit The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured: g. Any person, organization or governmental or public authority with respect to the operation, maintenance or use of a covered "auto", provided that you and such person, organization, or governmental or public authority have agreed in a written contract, written agreement, or permit, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person, organization or governmental or public authority is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you exhausted the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to be primary and noncontributory per provision 13. of this endorsement, this policy is excess over any other collectible insurance. 5. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, Paragraph (4) is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 per day because of time off from work. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: 6. Physical Damage —Additional Transportation Expense Coverage Paragraph AA.a. Coverage, Coverage Extensions, Transportation Expenses of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 7. Extra Expense — Broadened Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. We will pay up to $1,000 for costs incurred to return a stolen auto to you. Page 2 of 4 © 2021 Liberty Mutual Insurance AC 00 33 10 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 05/01/2025 66389324 candidateProcess EC Insured Copy Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 8. Accidental Airbag Deployment SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions Paragraph 3.a. is replaced by the following: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not apply to the accidental discharge of an airbag if Comprehensive or Collision Coverage is shown in the Declarations. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other insurance or warranty. 9. Glass Repair —Waiver Of Deductible (Coverage Not Applicable In FL) SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by the addition of the following: No deductible will apply to covered glass damage if the glass is repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 10. Amended Duties In The Event Of Accident, Claim, Suit, Or Loss SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. 11. Waiver Of Transfer Of Rights Of Recovery Against Others To Us SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 12. Hired Auto Coverage Territory SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, Item 7.b.(5), Policy Period, Coverage Territory, is replaced with the following: Anywhere in the world, for covered "autos" hired for thirty (30) days or less. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. AC 00 33 10 21 © 2021 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 05/01/2025 66389324 candidateProcess EC Insured Copy Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B 13. Primary And Non -Contributory If Required By Written Contract Or Written Agreement The following is added to SECTION IV — BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 5. Other Insurance and supersedes any provision to the contrary: e. Subject to the applicable limits of liability, this Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: (1) Such "insured" is a Named Insured under such other insurance; and (2) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance collectible to such "insured". SECTION V — DEFINITIONS is amended as follows: 14. Bodily Injury Redefined Under SECTION V — DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. Page 4 of 4 © 2021 Liberty Mutual Insurance AC 00 33 10 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 05/01/2025 66389324 candidateProcess EC Insured Copy Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss and allowed by law. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Issued by Ohio Security Insurance Company 19291 For attachment to Policy No. XWS (27) 66 38 93 24 Issued to CEDAR RIDGE LANDSCAP WC 00 03 13 (Ed. 4-84) Effective Date 01/23/2026 Premium $ Endorsement No. Copyright 1983 National Council on Compensation Insurance, Inc. 11 /24/2025 XWS (27) 66 38 93 24 Page 38 of 49 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B z_%q4_.. %—'Fft " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol icy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Paul Noakes(07063HG) PHONE FAX 122 W 13th St (A/C, NO, EXT): 719-289-7228 (A/C, No): 814-206-0601 E-MAIL Pueblo CO 81003-3702 ADDRESS: pnoakes1@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Truck Insurance Exchange 21709 INSURERB: Farmers Insurance Exchange 21652 CEDAR RIDGE LANDSCAPE, INC. INsuRERc: Mid Century Insurance Company 21687 6 MERRITT CT INSURER D: INSURER E: PUEBLO CO 81001 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ISTOCERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAME ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDTL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE /� OCCUR DAMAGE TO RENTED PREMISES (Ea Occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 C Y N 607041076 06/15/2026 06/15/2027 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ® PROJECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODI LY I NJU RY (Per person) $ ANYAUTO BODI LY I NJU RY (Per accident) $ OWNEDAUTOS SCHEDULED ONLY AUTOS PROPERTY DAMAGE (Per accident) $ HI RED AUTOS NON -OWNED ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY [STATUTE OTHER $ ANY PROPRIETOR/PARTNER/ Y/N E.L.EACHACCIDENT $ EXECUTIVE OFFICER/MEMBER N/A E.L. DISEASE - EAEMPLOYEE EXCLUDED? (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $ Ifyes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project 26-010 HAAFF Elementary School - SRTS Certificate Holder, its agents, officers and employees are designated as additional insured. CERTIFICATE HOLDER CANCELLATION COLORADO DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION of TRANSPORTATION (CDOT) DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2829 W HOWARD PL AUTHORIZED REPRESENTATIVE DENVER CO 80204 ACORD 25 (2016/03) 31-1769 11-15 ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B A �_ U K U CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/23/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 3630 Sinton Rd., Suite 200 Springs CO 80907 CONTACT NAME: Tlya Anderson PHONE FAX A/C No Ext : 719-867-4513 A/C, No): E-MColorado ADDRESS: tnderson@higginbotham.net INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Underwriters At Lloyd's, London 15642 License#:2081754 INSURED CEDARID-15 Cedar Ridge Landscaping Inc 6 Merritt Ct INSURERB: Westfield Insurance Company 24112 INSURERC: INSURERD: Pueblo CO 81001-4258 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1201904079 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. *LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED. *Not Applicable in WY INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY ❑ PRO- JECT LOC ❑ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional E&O PS00040873456 6/22/2026 6/22/2027 Limit 1,000,000 A B Cyber Crime PS00040873456 CML-AYTCUPY-P0626 6/22/2026 6/22/2026 6/22/2027 6/22/2027 Limit Limit 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Project 26-010 HAAFF Elementary School - SRTS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pueblo, a Municipal Corporation 230 S. Mechanic Street AUTHORIZED R PRESENTATIVE pp 4 Pueblo CO 81003 ACORD 25 (2025112) @ 1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B OFFICE OF THE SECRETARY OF STATE OF THE STATE OF C OL ORAD O CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, CEDAR RIDGE LANDSCAPE, INC. is a Corporation formed or registered on 10/07/1996 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19961130642 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 06/24/2026 that have been posted, and by documents delivered to this office electronically through 06/25/2026 @ 10:49:33 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 06/25/2026 @ 10:49:33 in accordance with applicable law. This certificate is assigned Confirmation Number 18718052 Secretary of State of the State of Colorado End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, httpsJ/www.coloradosos.gov/biz/CertifieateSearehCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, httpsJ/www.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions. " Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B For this Record... Filling Ihistory aind documents Get a cemtHiicate of good standing Fiille a fforim Subscribe to emnaiill inotHiicatiion uinsulhscmiilhe from emnaiill inotHiicatiion Subscribe to text inotHiicatiion uinsulhscmiilhe from text inotHiicatiion Business IHa ime IFAsn GIlamssairy aind ¢'inffornnaUamin Summary Details Name CEDAR RIDGE LANDSCAPE, INC. Status Good Standing Formation date 10/07/1996 ID number 19961130642 Form Corporation Periodic report month June Jurisdiction Colorado Principal office street 6 MERRITT CT., PUEBLO, CO 81001, US address Principal office mailing 6 MERRITTCT., PUEBLO, CO81001, US address Registered Agent Name CEDAR RIDGE LANDSCAPE, INC. Street address 6 MERRITT CT., PUEBLO, CO 81001, US Mailing address 6 MERRITTCT., PUEBLO, CO81001, US Filing history and documents Get a certificate of good standing, Get certified copies of documents File a form Set up secure business filing, Subscribe to email notification Unsubscribe from email notification Subscribe to text notification Unsubscribe from text notification II .. Back .. ..II 000usignEnvelope ID: 00010000-6Aoo-8Ao4-8001~o1noocoEEano License Number: 0003075 Contractor Name: CEDAR RIDGE LANDSCAPE INC. Examinee: ROBERTMONTOYA Address: bMERRITTCT LicenseType(s): O06O42901902 City: PUEBLO State: CO Exp.Dotz 12/31/2026 Phone: 719-549-2120 Workmnon's 01/23/2026 Comp: Liability Ins.: 06/15/2026 Contractor Details SOCOBOLicense |O 0003075 Company Name CEDAR RIDGE LANDSCAPE INC. Doing Business As Examinee ROBERTMONTOYA Address 6K4ERR|TTCT PUEBLO, CO81DD1 Phone 719-545-2120 D06 Concrete D42 Paving Licenses P01 Lawn Sprinkler Systems P02 Utility Contractor Liability Ins. 06/15{2026 Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Workman's Comp Ins. 01/23/2026 Expiration Date 12/31/2026 ) /ee Dre�-.Joi,y Career /,,ek,,rred Agen6e,,,, 3oan,cJis & C'u ni"r�llees o i rieowrer 0"en"rfli, S�giI g U & ""'ode 0-a1iges SOUTHERN COLORADO 11 BUILDING DEPARTMENT -0ca"hor", ber,,, Hoh,::Jay Sched mah"r, Offic"e"', 830 "(hc',dri SL M 81 003 Sel, v11 ig P� )eblo c,-// Id Sool �e 2026- SojA/rhenn Co�oradc, BuHdh ig i i e 1/",[ 1, 719-543-0002 SHre :),V f"J-`reraGoj'1' 2026 -""'/ � )Jew Yeai-; Hda"oI.a 'Al e i roilcfl 'Alonday, "Acy 1.5',th f', ri d '� e i fdierce Dc) . . . . . . . / - J, Jj,-)ly 31'd rhanksgk/hng "")cy & )c),y Arlrer- 'FhUr,-,,/,day, I }oven L,,�er 2/6 th & I`,/,/,/rIday, I iovei i ber 271H I m> `-,"ve & ChiHshnnas IDS}/ - n i i . ... . . . day, )ecei,i-fl,.-)er 24Hi & -`Hday, Decerr:)er 25'rh rr 'to HO�r,r', Laatuodated by Robert Montova on Aug 26. 2025 at 11: 00 AM Docusign Envelope IID:66612666-6AOB-8A04-8231-61923CDEE85B I _ SAW OW CEDAR RIDGE LANDSCAPE, INC. CEDAR RIDGE LANDSCAPE, INC. Unique Entity ID M9RYD5JJA1H1 Registration Status Active Registration Physical Address 6 Merritt CT Pueblo, Colorado 81001-4258 United States CAGE/NCAGE 1GPN0 Expiration Date Aug 26, 2026 Mailing Address 6 Merritt CT Pueblo, Colorado 81001-4258 United States REVIEWED By Christina Garcia at 11:07 am, Mar 11, 2026 Purpose of Registration All Awards Doing Business as Division Name Division Number CEDAR RIDGE LANDSCAPE INC (blank) (blank) Congressional District State / Country of Incorporation URL Colorado 03 Colorado / United States (blank) Registration Dates Activation Date Submission Date Initial Registration Date Aug 26, 2025 Aug 26, 2025 Nov 30, 2001 Entity Dates Entity Start Date Fiscal Year End Close Date May 1, 1989 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions. Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Corporate Entity (Not Tax Exempt) Business or Organization Subchapter S Corporation Profit Structure For Profit Organization Jun25, 202604:55:06PMGAIT httpsJ/sam.gov/entity,IM9RYD5JJAIH]Icoi-eData?status=null Pagel of3 Laatuodated by Robert Montova on Aug 26. 2025 at 11: 00 AM CEDAR RIDGE LANDSCAPE, INC. Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Socio-Economic Types Minority -Owned Business Self Certified Small Disadvantaged Business Hispanic American Owned Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Accepts Credit Card Payments Debt Subject To Offset No No EFT Indicator CAGE Code 0000 1 GPNO Electronic Business 1. 6 Merritt CT ROBERT Montoya, Mr. Pueblo, Colorado 81001 United States ROBERT Montoya, Mr. 6 Merritt CT Pueblo, Colorado 81001 United States Government Business 1. 6 Merritt CT ROBERT Montoya, Mr. Pueblo, Colorado 81001 United States ROBERT Montoya, Mr. 6 Merritt CT Pueblo, Colorado 81001 United States Past Performance 6 Merritt CT ROBERT Montoya, Mr. Pueblo, Colorado 81001 United States NAICS Codes Primary NAICS Codes NAICS Title Yes 238110 Poured Concrete Foundation And Structure Contractors 221310 Water Supply And Irrigation Systems 236115 New Single -Family Housing Construction (Except For -Sale Builders) 237110 Water And Sewer Line And Related Structures Construction 237310 Highway, Street, And Bridge Construction 238990 All Other Specialty Trade Contractors 561730 Landscaping Services Yes, this entity appears in the disaster response registry Yes, this entity require bonding to bid on contracts. Bonding Levels Dollars Construction Aggregate 1$500,000.00 Jun25, 202604:55:06PAL GAIT httpsJ/sam.govlentity,IM9RYD5JJAIH]Icoi-eData?status=null Page 2 of3 Laatuodated by Robert Montova on Aug 26. 2025 at 11: 00 AM Docusign Envelope ID: 66612666-6AOB-8A04-8231-61923CDEE85B Construction Per Contract 11500,000.00 CEDAR RIDGE LANDSCAPE, INC. States COLORADO Counties CO: PUEBLO, EL PASO, LAS ANIMAS Metropolitan Statistical Areas CO: Pueblo, Colorado Springs Jun25, 202604:55:06PAL GAIT httpsJ/sam. govlentity/M9RYD5JJA1 H]Icoi-eData?status=null Page 3 of3