DRAFT WY FLAP SHE 26(1) SCR.pdf

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WY FLAP SHE 26(1)

Red Grade Road

SPECIAL CONTRACT REQUIREMENTS

The following Special Contract Requirements amend and supplement the Standard Specifications for Construction of Roads and Bridges, on Federal Highway Projects (FP-14), U.S. Department of Transportation, Federal Highway Administration.

Section 101. – TERMS, FORMAT, AND DEFINITIONS

101.03 Abbreviations.

(a) Acronyms. Add the following:

CDR – Contractor’s Daily Record GSA – General Services Administration DBH – Diameter at breast height

(b) US Customary abbreviations and symbols. Delete the text and substitute the following:

ºF — degrees Fahrenheit temperature A — ampere electric current

ac. — acre area BTU — British Thermal Unit energy

cu. in. or in3 — cubic inches volume

cu. ft., cf, ft3 or CUFT — cubic feet volume

cu. yd., cy, yd3 or CUYD — cubic yards volume D — day time deg. or º — degree plane angle Fc — foot-candles luminous intensity

fl. oz. — fluid ounces volume

ft. or ' — foot or feet length gal. or GAL — gallon volume H — Henry inductance

hr. or HR — hour time Hz — hertz (s-1) frequency

in. or " inch or inches length K — kelvin temperature lb or LB, lbs — pound, pounds mass Lbf — pound-force force lnft or LNFT linear foot length

mi. — miles length min. or m — minute time min. or ' — minute plane angle

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oz. — ounces mass Psi — pounds/square inch pressure Q — cubic feet/second flow rate sec. or s — second time sec. or " — second plane angle

sq. in. or in2 — square inches area

sq. ft., sf, ft2 or SQFT — square feet area

sq. yd., sy, yd2 or SQYD — square yards area T — short ton (2000 lbs) mass V — volt (W/A) electric potential W — watt (J/s) power yd or YD — yard or yards length Ω — ohm V/A electric resistance

(c) Metric unit abbreviations and symbols. Delete the text and substitute the following:

A — ampere electric current Cd — candella luminous intensity oC — degree Celsius temperature D — day time deg. or º — degree plane angle g or gram — gram mass H — Henry inductance Ha — hectare area

hr. or HR — hour time Hz — hertz (s-1) frequency J — Joule (N.m) energy K — kelvin temperature Kg — kilogram mass L — liter volume Lx — lux illuminance M — meter length mm — millimeter length m2 — meter squared area m3 — cubic meter volume min. or m — minute time min. or ' — minute plane angle N — Newton (kg.m/s2) force Pa — Pascal (N/m2) pressure sec. or s — second time sec. or " — second plane angle T — metric ton Mass V — volt (W/A) electric potential W — watt (J/s) Power

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Ω — ohm V/A electric resistance

101.04 Definitions. Delete the definition of (c) Supplemental agreement under Contract Modification.

Add the following:

Masterworks — A web-based system used by the Government, Contractors, and Subcontractors on this Government contract to prepare CDRs, measurement notes (pay notes and field measurement documentation), and transmit submittals, and documents and drawings.

Roadway Prism Delete the text and substitute the following:

Roadway Prism – The area between the original terrain cross-section and the final design cross-section.

Subcontractor Delete the text and substitute the following:

Subcontractor – An individual or legal entity with which the Contractor sublets part of the work.

This includes subcontractors and material suppliers at any tier.

Section 102. — BID, AWARD, AND EXECUTION OF CONTRACT

102.02A Physical Data. (Added Subsection).

Data and information furnished or referred to below is for the Contractor's information. The Government is not responsible for any interpretation of, or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by:

(1) Pavements

(2) Geotech

(3) Hydraulics

(b) Weather conditions: Contact the National Weather Service.

(c) The following design data is applicable to this project and posted on https://sam.gov/:

(1) Horizontal and vertical alignment listings in Portable Document Format (.pdf) and LandXML (.xml) formats;

https://sam.gov/

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(2) 3D surfaces of existing ground, subgrade, and finished grade in LandXML (.xml) format;

(3) Proposed 3D breaklines in Drawing Exchange Format (.dxf);

(4) 3D coordinates and offset distance from centerline for subgrade and slope staking information and top of base course information at 50-foot (20-meter) intervals and miscellaneous intermediate stations in Portable Document Format (.pdf);

(5) Superelevation report in Portable Document Format (.pdf); and

(6) Earthwork quantity summary in Portable Document Format (.pdf).

Section 103. — SCOPE OF WORK

103.05 Partnering. Delete the third paragraph and substitute the following:

If the partnering offer is accepted, mutually agree with the CO on the level of organizational involvement and the need for a professional to facilitate the partnering process. Engage the facilitator and other resources for key Contractor representatives and the CO to attend a partnership development and team-building workshop. Hold additional progress meetings upon mutual agreement.

Section 104. — CONTROL OF WORK

Add the following after Subsection 104.02:

104.02A Electronic Documentation. Provide documents and drawings electronically using Masterworks.

Request the Masterworks User Account Form (Form Masterworks-001) and submission instructions. Complete and electronically submit Form Masterworks-001 for each individual requiring Masterworks access. Allow 7 days for system access.

Contact the CO to schedule a training session on the use of Masterworks. The virtual training session will be either a video presentation or live training as determined by the CO. The Contractor is responsible for training additional staff that were not present during the original training session.

Maintain active Masterworks accounts for all Contractor staff who use Masterworks. Notify the CO within 24 hours after an account holder is reassigned or no longer employed by the Contractor and submit a Form Masterworks-001 requesting their account be disabled.

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Provide documents and drawings in their native file format (the format produced by the software that the document and drawing was created in) upon request.

Documents and drawings include but are not limited to correspondence, submittals, measurement notes, reports, plans, diagrams, qualifications, certifications, payrolls, schedules, invoices, mix designs, job-mix formulas, test results, notifications, requests, permits, and agreements.

Provide a resolution quality with color, text, and lines clearly discernible. Submit each document and drawing in an individual file. Name files with a unique document name.

Documents and drawings delivered after 5:00 pm local time will be considered received on the next business day.

The CO will reject documents that are unreadable, corrupted, illegible, or include malicious content.

104.02B Signatures for Electronic Documentation. Sign documents requiring a signature by electronic signature or by wet signature.

(a) Definitions.

(1) Electronic signature. A computer data compilation of symbols or series of symbols executed, adopted, or authorized by an individual to be the legally binding equivalent of the individual’s handwritten signature.

(2) Wet signature. A signature of ink from pen, or a scanned copy of an actual signature of ink from pen.

(b) Electronic signature. Unless the CO requests a wet signature, an electronic signature may be provided. Assume responsibility for the validity of electronic signatures. The Government will assume that the authorized individual’s electronic signature is authentic.

Provide electronic signatures in the following formats:

(1) A digital signature from an encryption application;

(2) A digitized image of a paper signature; or

(3) A unique form or individual identification that can be used as a means of authenticating a record, record entry, or document.

(c) Wet signature. After signing a document by wet signature, scan the complete document into an electronic format.

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Section 105. — CONTROL OF MATERIAL

105.01 Source of Supply and Quality Requirements. Add the following:

Materials containing petroleum-based solvents such as cutback asphalts and traffic paints may be restricted from use by local laws or ordinances in certain geographic areas. Upon presenting proof of such restrictions, alternate materials considered acceptable to the CO may be substituted for the materials specified in the contract.

Add the following:

Certify, according to Subsection 107.10 (d)(2), that sources of rock, sand, gravel, earth, subsoil, or other natural material imported into the project construction limits are noxious weed free.

105.04 Storing and Handling Material. Add the following after the third sentence of the second paragraph:

For Contractor-located, non-commercial staging, storing, and material handling areas, secure environmental clearances according to Subsection 107.10.

Add the following:

During roadway and parking lot closures, the Contractor may use the Aspens Parking Lot, Springs Trailhead Parking Lot, and Base Trailhead Parking Lot as a staging and storage area. Do not store construction materials or equipment in the Springs Trailhead Parking Lot and Base Trailhead Parking Lot outside of roadway and parking lot closures. See Subsection 156.07 for roadway and parking lot closures.

The BLM Stock Rest Staging Area, as shown in the plans, may be used as a staging and storage area.

Do not occupy more than half of the Aspens Parking Lot with construction materials or equipment outside of roadway and parking lot closures. If Option X is awarded, the Contractor may use the entire Aspens Parking Lot as a staging and storage area during closures as identified in Subsection 156.07.

Use all products according to the manufacturer’s recommendations for handling, storage, and disposal. Follow the requirements of FAR Clause 52.236-10 Operations and Storage Areas and FAR Clause 52.236-12 Cleaning Up. Maintain the staging and storage areas in a clean, neat, and orderly condition satisfactory to the CO.

Store construction materials within the limits indicated on the contract drawings. Properly store materials according to the applicable permit and the requirements in Section 107, 157, 203, 204, 624, and 625. Check the storage areas weekly and according to the applicable permit.

Store construction, building and waste materials, and containers in designated areas indoors or protect with a suitable covering.

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Submit a site map showing the material storage and stockpile locations at least 14 calendar days prior to the start of construction activities.

Keep the manufacturer’s MSDS, an inventory of the material, and emergency numbers near the storage area. Take appropriate measures to ensure that incompatible chemicals are not stored next to each other.

Section 106. — ACCEPTANCE OF WORK

106.01 Conformity with Contract Requirements. Delete (a) and (b) and substitute the following:

(a) Disputing Government test results. If the accuracy of Government test results is disputed, promptly inform the CO. If the dispute is unresolved after reasonable steps are taken to resolve the dispute, further evaluation may be obtained by written request. Include a narrative describing the dispute and a proposed resolution protocol that addresses the following:

(1) Sampling method

(2) Number of samples

(3) Sample transport

(4) Test procedures

(5) Testing laboratories

(6) Reporting

(7) Estimated time and costs

(8) Validation process

(b) Alternatives to removing and replacing non-conforming work. As an alternative to removal and replacement, the Contractor may submit a written request to:

(1) Have the work accepted at a reduced price; or

(2) Be given permission to perform corrective measures to bring the work into conformity.

The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service life, value of material or work, quality, aesthetics, and other tangible engineering basis. The CO will determine disposition of the nonconforming work.

Add the following after (b):

The number of significant figures used in the calculations will be according to ASTM E 29, absolute method.

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Where sample/testing procedures make reference to AASHTO, ASTM, or other standards (designated as FLH T), the procedure as modified in the Materials Manual shall govern. Where the specifications make reference to AASHTO Test T11, “Procedure B - Washing Using a Wetting Agent” shall be the procedure followed.

Where the specifications make reference to AASHTO Test T310, “Direct Transmission Method of In-Place Nuclear Density and Moisture Content” shall be the procedure followed.

106.02 Visual Inspection. Delete the Subsection and substitute the following:

106.02 Visual Inspection. Acceptance is based on visual inspection of the work for compliance with the contract requirements. In the absence of specific contract requirements or tolerances, use prevailing industry standards.

106.03 Certification. Add the following after the second paragraph:

See Table 106-3 for schedule for full or partial acceptance by material certification. Submit certification and sample of material for testing as required.

Delete the third paragraph and substitute the following:

Check certifications before incorporating the material into the work to ensure that the requirements of the contract have been met. Mark the certifications with the following information:

• Project number and name;

• Pay item number and description;

• Contractor signed certification stating “to the best of our knowledge the materials certified by the attached certification represent the materials incorporated into the work of this contract”; and

• Date.

106.03(a) Production certification. Delete subsection (3) and substitute the following:

(3) Substantiating evidence that the material conforms to the contract quality requirements, including the following:

(a) Test results on material from the same lot and documentation of the inspection and testing system;

(b) A statement from the manufacturer that the material complies with the contract; and

(c) Manufacturer’s signature or other means of demonstrating accountability for the certification.

Table 106-3 Schedule For Full or Partial Acceptance by Materials Certification. Add Table 106-3 following Table 106-2.

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Table 106-3 Schedule For Full or Partial Acceptance by Materials Certification

Section Description Material Material Property Or Specification

Frequency Certification Sample

302 Minor Crushed Aggregate Crushed Aggregate Source, Quality and Gradation 1 per source 1 per source

312 Dust Palliative

Calcium Chloride Magnesium Chloride, Lignosulfonate, As specified 1 per shipment First shipment

403 Asphalt Concrete Aggregate Asphalt Mix

Source quality, Gradation, Stability, and Grade

1 per mix 1 per source

634 and

Permanent Pavement Markings, Temporary Traffic Control

634.02 as applicable, 635 as applicable As specified 1 per source -----

701 Hydraulic Cement

Portland Cement, Blended Hydraulic Cement, Masonry and Mortar Cement

AASHTO M 85, M

240, ASTM C 91 and ASTM C1392 as applicable

1 per shipment 1 per 100 tons

702.01 Asphalt Material Asphalt Cement

AASHTO M 226

or M 320, as applicable

1 per shipment 1 per shipment

702.02 Asphalt Material Emulsified Asphalt

AASHTO M 140

or

M 208 as applicable

1 per shipment 1 per shipment

702.03 Asphalt Material

Asphalt Materials used for Damproofing and Waterproofing

Concrete and Masonry Surfaces

As specified for each type of asphalt material 1 per shipment -----

702.05 Antistrip As specified As applicable 1 per shipment -----

706 Concrete and Plastic Pipe As specified As applicable 1 per shipment -----

707 Metal Pipe As specified As applicable 1 per shipment ----- 708 Plastic Pipe As specified As applicable 1 per shipment -----

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Section Description Material Material Property Or Specification

Frequency Certification Sample

709 Reinforcing and Prestressing Steel As specified As applicable 1 per shipment

For 709.01 submit 3, 1-yard (1-meter) bars of each size and grade of bar furnished.

709.02 submit

6-foot (2-meter) length for each size furnished

710 Fence and Guardrail As specified As applicable 1 per shipment -----

Concrete Curing

Material and Admixtures

As specified As applicable 1 per material source per material type

712 Joint Material (all) As specified As applicable 1 per shipment -----

Roadside

Improvement Materials (all)

As specified As applicable 1 per shipment -----

714 Geosynthetic Material (all) As specified As applicable 1 per shipment 1 per project per type 715 Piling As specified As applicable 1 per shipment -----

716 Material for Timber Structures

Timber and Hardware As applicable 1 per shipment -----

717 Structural Metal As specified As applicable 1 per shipment

717.01(e) minimum

6 per shipment for each size used.

717.10

1 per project

Traffic Signing and Marking Material (all)

As specified As applicable 1 per shipment -----

719 Paint As specified As applicable 1 per batch\lot

1 sample for quantities

> 25 gallons (100L)

Structural Wall and Stabilized Embankment Material (all)

As specified As applicable 1 per shipment per material type

Electrical and Illumination Material (all)

As specified As applicable 1 per shipment per material type

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Section Description Material Material Property Or Specification

Frequency Certification Sample

722 Anchor Material As specified As applicable 1 per shipment per material type

725 Miscellaneous materials As specified As applicable

1 per shipment per material type

Section 107. — LEGAL RELATIONS AND RESPONSIBILITY TO THE

PUBLIC

107.01 Laws to be Observed. Add the following:

Section 401 and 404 of the Clean Water Act.

Comply with the terms and conditions of any permits that authorize the discharge of dredged or fill material in waters of the U.S., including Section 404 Nationwide Permit 14 (found here https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll7/id/19778) and Section 401 water quality certifications. See the appendix for permits.

National Pollutant Discharge Elimination System (NPDES)

Comply with the requirements of the applicable Construction General Permit (CGP) as shown in Table 107-1. The applicable CGP is Wyoming (large).

Prepare a Stormwater Pollution Prevention Plan (SWPPP) according to Section 157. If the current CGP expires during the contract, amend the SWPPP when a new permit goes into effect to meet new permit conditions.

Allow 30 days from submittal of NOI to issuance of permit.

(a) General. Designate a qualified Erosion Control Supervisor according to Subsection 157.03.

Obtain a separate NPDES permit associated with industrial activity for any mobile asphalt and concrete plants that provide material for the project. Provide a copy of the permit and acknowledgement letter to the CO for their records.

(b) Notice of Intent (NOI). After the SWPPP is approved, file the NOI as a primary operator if shown in Table 107-1. Allow the regulatory review period, shown in Table 107-1, from submittal of NOI to receipt of authorization of coverage under the CGP. Provide a copy of the NOI and confirmation letter to the CO.

Post all project authorization numbers near the entrance to the site and on the bulletin board.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fusace.contentdm.oclc.org%2Futils%2Fgetfile%2Fcollection%2Fp16021coll7%2Fid%2F19778&data=05%7C02%7Cjoshua.kaplan%40dot.gov%7Ca6768682b8f84962ee7e08dde016d58d%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C638913110849295554%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=o8mZPRGI%2FqSZHRFLczrwQqTdWabicLDPAi0WOMtGUYY%3D&reserved=0

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(c) Payment of Permit Fees. Submit the appropriate permit fees and renewal fees required for both the Contractor and Government to the regulatory agency.

(d) Notice of Termination (NOT). If applicable, file a NOT if the conditions listed in the CGP have been met or transfer the NOI to the maintaining agency when project has reached final acceptance.

Table 107-1 NPDES Permits

State / Agency Permit Number and Link Effective Date Expiration

Date Regulatory

Review period Arizona AZG2020-001 7/1/2020 6/30/2025 30 days

California(1) 2022-0057-DWQ 9/1/2023 8/31/2028 7 days Colorado (Federal) COR10F000 2/17/2022 2/16/2027 14 days Colorado (Other) COR400000 4/1/2024 03/31/2029 10 days

Hawaii HAR 11-55, Appendix C 1/29/2024 1/29/2029 10 days Indian Country XXR10I000 2/17/2022 2/16/2027 14 days

Kansas S-MCST-2208-1 12/1/2021 11/30/2026 60 days Nebraska NER210000 12/1/2021 11/30/2026 7 days Nevada NVR100000 1/5/2015 1/4/2020(2) 14 days

New Mexico NMR100000 2/17/2022 2/16/2027 14 days North Dakota NDR11-0000 4/1/2020 3/31/2025 7 days

Oklahoma OKR10 10/18/2022 10/17/2027 14 days(3) South Dakota SDR100000 11/1/2023 10/31/2028 15 days

Texas (small)(4) TXR150000 3/5/2023 3/5/2028 2 days Texas (large) TXR150000 3/5/2023 3/5/2028 7 days

Utah UTRC00000 07/1/2024 06/30/2029 None Wyoming (small)(5) WYR10-A000 9/11/2020 8/1/2025 None Wyoming (large) WYR100000 9/11/2020 8/1/2025 10 days

(1) Upload the SWPPP to the California Water Boards Stormwater Multiple Application and Report Tracking System (SMARTS) and complete the NOI application previously started by the Government. Notify the CO once the NOI application is complete. Do not certify the NOI.

(2) Permit administratively extended.

(3) 45 days for projects over 40 acres or in a sensitive watershed.

(4) Prepare a Construction Site Notice rather than an NOI.

(5) Prepare a SWPPP rather than an NOI. Implement the SWPPP before ground disturbing activities.

107.02 Protection and Restoration of Property and Landscape.

Add the following at the end of this subsection:

The locations of the utilities shown in the plans have been certified to a Quality Level B, according to the CFLHD Utility Data Quality Certification requirements:

http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

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https://static.azdeq.gov/permits/azpdes/cgp_permit.pdf https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2022/wqo_2022-0057-dwq.pdf https://www.epa.gov/system/files/documents/2022-01/2022-cgp-final-permit.pdf https://oitco.hylandcloud.com/CDPHERMPublicAccess/api/Document/AQfwokluDriUFw9rLI8HeKnA3FOQD9oxLj2WtUV%C3%896urJ3JjLHBBWZPGaal9FHPt1L9vF9iX3AMKBHphEdDOVvyQ%3D/ https://health.hawaii.gov/cwb/files/2024/01/January-29-2024-11-55-Appendices-C-A.pdf https://www.epa.gov/npdes/2022-construction-general-permit-cgp#2022cgp http://www.deq.state.ne.us/Publica.nsf/pages/WAT012 http://www.deq.state.ne.us/Publica.nsf/pages/WAT012 https://ndep.nv.gov/uploads/documents/Construction_SW_GPermit_2015_.pdf https://www.epa.gov/system/files/documents/2022-01/2022-cgp-final-permit.pdf https://deq.nd.gov/publications/wq/2_NDPDES/Stormwater/Construction/NDR11per20200401F.pdf https://www.deq.ok.gov/wp-content/uploads/water-division/OKR10-2022-Final-permit-1.pdf https://danr.sd.gov/OfficeOfWater/SurfaceWaterQuality/docs/DANR_ConstructionGeneralPermit2023.pdf https://www.tceq.texas.gov/downloads/permitting/stormwater/general/construction/2023-cgp-txr150000.pdf https://www.tceq.texas.gov/downloads/permitting/stormwater/general/construction/2023-cgp-txr150000.pdf https://documents.deq.utah.gov/water-quality/stormwater/construction/DWQ-2020-013890.pdf https://drive.google.com/file/d/1GMfaOewy9KN3CbobjDrwFJvM8fLu--nA/view https://drive.google.com/file/d/1FwVC3LegHgCtbZpeRFX2F5UBy_x1rTm4/view http://flh.fhwa.dot.gov/resources/row/cfl/documents/UtilityDataQualityLevelCertification.doc

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Table 107-2 Status of Utilities

Company Utility Type Contact

Name Phone

Number Status 1, 2, 3, or 4

1 Montana Dakota Utilities

Electric Chris Lawler

800-638-

2 Private Irrigation Ditch Paul Garber 307-672-

Status 1: The utilities are in conflict with the project and require relocation by others during construction.

Status 2: The utilities are in conflict with the project and require relocation by the Contractor during construction.

Status 3: The utilities are in conflict with the project and require relocation by others before construction.

Status 4: The utilities are located within the project rights of way but require no relocation.

107.05 Responsibility for Damage Claims. Delete the first sentence of the third paragraph and substitute the following:

Before work begins, submit “certificates of insurance” certifying that the policies will not be changed or canceled until 30 days written notice has been given to the Government.

107.08 Sanitation, Health, and Safety. Delete the first paragraph and substitute the following:

Follow the requirements of FAR Clause 52.236-13 Accident Prevention, Alternate 1. Submit an accident prevention plan.

107.10 Environmental Protection.

(a) Federal Water Pollution Control Act (Clean Water Act) 33 USC § 1251 et seq. Add the following:

(4) Do not ford running streams with construction equipment. Obtain approval from the CO to use temporary bridges or other structures whenever crossings are necessary.

(5) Locate machinery servicing and refueling areas away from streambed, wetlands, shorelines, lakes, and reservoirs to reduce the possibility and minimize the impacts of accidental spills or discharges.

(b) Oil and hazardous substances. Delete the third and fourth paragraphs and substitute the following:

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Do not use equipment with leaking fluids. Repair equipment leaks immediately. Keep absorbent material manufactured for containment and cleanup of hazardous material on the job site. Sand and soils are not approved absorbent materials.

Notify the CO of hazardous spills. Report the spill to the appropriate federal, state, and local authorities as required by the SPCC plan or hazardous spill plan.

(c) Dirt, plant, and foreign material. Add the following:

All vehicles and equipment entering the project area must be clean of noxious weeds and free from oil leaks and are subject to inspection. Wash all construction equipment to thoroughly remove all dirt, plant, and other foreign material prior to entering the project. Particular attention must be shown to the under carriage and any surface where soil containing exotic seeds may exist. Allow the CO to inspect each piece of equipment before entering the project. Provide the cleaning and inspection records to the CO. Equipment found operating on the project that has not been inspected or has oil leaks will be shut down.

(d) Clearances for Contractor-selected, noncommercial areas. Add the following to the end of the first paragraph:

Use rock, sand, gravel, earth, subsoil, or other natural materials from a Contractor-selected non-commercial materials source that has been certified free of noxious weeds. Materials imported into the project limits which do not include a noxious weed free certification may be rejected and ordered by the CO to be removed from the project limits. The CO has the discretion of requesting inspection of certified materials by a third party and rejecting the use of the source if noxious weeds or seeds thereof are found to be present.

Add the following:

(5) Any required Certifications.

Add the following:

(e) Project-specific commitments.

(1) Provide a qualified biologist according to 623.04(a), to perform the following:

(a) Conduct pre-construction nest surveys within the clearing limits if vegetation clearing or work on suitable nesting structures will occur within the breeding season (from March 1 to August 31). Survey vegetation and suitable nesting structures, including bridges and culverts, at least 7 days before tree removal at the site begins. If vegetation clearing or suitable nesting structure work occurs outside of the breeding season, no surveys are required.

(1) Conduct nest survey in phases if vegetation removal or suitable nesting structure construction will occur in phases along the project route, so that no more than 14 days lapses between survey and potential nest disturbance at any one location.

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(2) Notify the CO immediately if any active nest that may be adversely affected by construction activities is discovered; include information on nesting species, activities in the vicinity of the nest, topographic and other visual barriers, and recommended protection measures. Establish a no-disturbance buffer, in coordination with the CO, around the nests that is sufficient to ensure that breeding is not likely to be disrupted by construction.

Maintain buffers until the qualified biologist has determined the young have fledged or nests are no longer active.

(3) Submit a report documenting the methodology and results of the surveys to the CO within 7 days after completion of surveys. Include recommendation for handling of any unoccupied nests observed and nesting prevention recommendations, if appropriate.

(b) Conduct a resurvey of vegetation and suitable nesting structures, as needed, after any lapse in construction of 14 days or more within the breeding season.

(2) Obtain prior approval from CO before removing any limber pine trees.

(3) Install orange temporary construction fencing at the edge of construction limits on both sides of the road between Sta. 279+00 and 282+40. Do not park equipment or store materials past the construction limits between Sta. 279+00 and 282+40.

(4) Clean the existing culvert at Sta. 281+07 from the road surface. Once debris, vegetation, and earthen material is removed, do not excavate more than 4 inches.

(5) Submit an application for a temporary turbidity increase to the Wyoming Department of Environmental Quality (DEQ) at least 30 days prior to starting work. Submit a separate notification to DEQ at least 5 days before in-stream work begins and within 7 days of its completion. Do not elevate turbidity above acceptable limits (10 nephelometric turbidity units) before the waiver is approved to comply with Section 401 certification. Monitor daily turbidity at locations both upstream and downstream of the work area. Submit weekly reports documenting the monitoring results to the Wyoming DEQ for the entire duration of the waiver.

(6) When parking lots are closed, close trails in surrounding areas. Notify the CO 14 days before closing trails. See Subsection 156.07(i).

107.11 Protection of Forests, Parks, and Public Lands. Add the following:

Comply with the fire prevention plan included in the Appendix. The CO will order the emergency suspension of operations when conditions are unsafe as determined by the CO and the land management agency.

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Section 108. — PROSECUTION AND PROGRESS

108.01 Commencement, Prosecution, and Completion of Work. Delete this subsection and substitute the following:

A preconstruction conference will be held after the contract is awarded and before beginning work. Seven days before the preconstruction conference, submit copies of the preliminary construction schedule according to Section 155.

Limit operations according to Subsection 107.10(e) and Section 156.

Limit operations as follows:

(a) Notify the CO 14 days before the start of ground disturbing activities.

(b) Do not perform onsite work from December 15 through April 1. During this time, open the road to all winter users. Eliminate hazards and provide a minimum roadway width of 18 feet for completed sections or maintain the existing roadway width. Delineate hazards that cannot be eliminated.

(c) Coordinate Irrigation ditch work from Sta. 159+50 to 161+50, RT, with Irrigation Ditch Owner. See Table 107-2.

Perform no work except to maintain traffic control devices, erosion control devices, the roadway driving surface, and to control dust during the listed Federal holidays and surrounding days as shown in Table 108-2.

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Red Grade Road Table 108-2

Federal Holidays and Surrounding Days Federal Holiday Time Remarks

Birthday of Martin Luther

King, Jr.

12:00 Noon Friday to 6:00 am Tuesday -

Washington’s Birthday

12:00 Noon Friday to 6:00 am Tuesday -

Memorial Day 12:00 Noon Friday to 6:00 am Tuesday -

Juneteenth National

Independence Day

12:00 Noon June 18 to 6:00 am June 20

If June 19 falls on a Saturday, do not work the preceding Friday. If June 19 falls on a Sunday, do not work the following Monday.

Independence Day

12:00 Noon July 3 to 6:00 am July 5

If July 4 falls on a weekend, Friday, or Monday, do not work the weekend. If July 4 falls on a Saturday, do not work the preceding Friday.

If July 4 falls on a Sunday, do not work the following Monday.

Labor Day 12:00 Noon Friday to 6:00 am Tuesday -

Columbus Day 12:00 Noon Friday to 6:00 am Tuesday -

Veterans Day 12:00 Noon November 10 to 6:00 am November 12

If November 11 falls on a Saturday, do not work the preceding Friday. If November 11 falls on a Sunday, do not work the following Monday.

Thanksgiving 12:00 Noon Wednesday to 6:00 am Monday -

Christmas / New Year’s

12:00 Noon December 23 to 6:00 am January 2

If December 23 or January 1 falls on a Monday, do not work the adjacent weekend and do not work on December 23. If January 1 falls on a Friday, do not work the weekend.

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Schedule at least 2 non-work days out of every 14 calendar days. The selected non-work days do not need to be consecutive, but they must be scheduled. Notify the CO at least 2 weeks before changing the scheduled days off.

The CO may grant written approval for exemptions to scheduled days off for specific project operations and for periods of limited duration.

Add the following:

The CO will issue a Notice to Proceed before commencement of any work. The contract completion date is November 4, 2027, for Schedule A and November 10, 2027, for Schedule B.

No additional contract days will be added if Option X is awarded.

108.02 Subcontracting. Delete the third paragraph and substitute the following:

Within 14 days of subcontract award, submit a completed SF 1413 and 1413S. Complete Part I for each Subcontractor, and include Part II when the Subcontractor performs on-site work.

Complete other forms that may be required by the Government to show the work subcontracted and the total dollar amount of the subcontract. Submit the above required information for each Subcontractor at lower tiers.

108.03 Determination and Extension of Contract Time. Delete the first sentence.

108.03(c) Time extensions. Add the following:

If a quantity variation described in Subsection 109.06(e) results in an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time as provided within this Subsection.

108.04 Failure to Complete Work on Time.

Delete the second and fourth paragraphs and substitute the following.

Liquidated damages in the amount specified in FAR Clause 52.211-12 Liquidated Damages — Construction will be assessed for each day beyond the time allowed to complete the contract until substantial completion of the work.

Delete Table 108-1.

Section 109. — MEASUREMENT AND PAYMENT

109.01 Measurement of Work. Add the following after the fifth paragraph:

Prepare, sign, and submit electronic measurement notes (pay notes and supporting field documentation) using Masterworks. Unacceptable measurement notes will be electronically rejected and returned. Correct rejected measurement notes and resubmit electronically.

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109.02 Measurement Terms and Definitions.

(c) Cubic yard (Cubic meter).

(1) Cubic yard (Cubic meter) in-place. Delete this subsection and substitute the following:

Measure the solid volumes by a method approved by the CO, or by a surface to surface method approved by the CO.

(o) Square foot and Square yard (Square meter). Add the following: Do not measure overlaps.

109.06 Pricing of Adjustments. Add the following:

(c) Variation in estimated quantity. If the quantity of a unit-priced item is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price may be made upon request of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity.

109.08 Progress Payments.

(a) General. Delete the last sentence and substitute the following:

The CO may withhold partial progress payment according to Subsection 109.08 (g) for failure to make satisfactory progress until a construction schedule or schedule update is approved by the CO.

(b) Closing date and invoice submittal date. Delete the text and substitute the following:

Submit invoices to the designated billing office by the 7th day after the closing date. Invoices received by the designated billing office after the 16th day following the closing date will not be accepted for payment processing that month. Include late, unprocessed invoice submittals in the following months invoice.

(d) Government’s receiving report. Delete the first sentence and substitute the following:

The Government’s receiving report will be developed using the measurements and quantities from Pay Notes received by the CO in Masterworks and determined acceptable.

(e) Processing progress payment requests.

(1) Proper invoices. Delete the title and text and substitute the following:

(1) Invoices received by the 7th day following the closing date.

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(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be paid.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), or if any of the quantities or unit prices shown on the Contractor's invoice exceed the corresponding quantities and unit prices shown on the Government's receiving report, the invoice will be deemed defective and the Contractor so notified according to FAR Clause 52.232-27(a)(2). Defective invoices will not be corrected by the Government and will be returned to the Contractor within 7 days after the Government's designated billing office receives the invoice.

Revise and resubmit returned invoices by the 18th day following the closing date. The CO will evaluate the revised invoice. If the invoice still does not meet the requirements of Subsection 109.08(c), the Contractor will be so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month. Correct the deficiencies and resubmit the invoice the following month.

If the revised invoice meets the requirements of Subsection 109.08(c), but still had quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item or work will be used. The Contractor's invoice, as revised by the Government's receiving report, will be forwarded for processing by the 23rd day following the closing date. The Contractor will be notified by the 23rd day following the closing date of the reasons for any changes to the invoice.

(2) Defective invoices. Delete the title and text and substitute the following:

(2) Invoices received between the 8th and 16th day following the closing date.

(a) Proper invoices. If the invoice meets the requirements of Subsection 109.08(c), and the quantities and unit prices shown on the Contractor's invoice agree with the corresponding quantities and unit prices shown on the CO's receiving report, the invoice will be deemed proper and forwarded for processing within 7 days of receipt.

(b) Defective invoices. If the invoice does not meet the requirements of Subsection 109.08(c), the invoice will be deemed defective, the Contractor so notified according to FAR Clause 52.232-27(a)(2), and no progress payment will be made that month.

Correct the deficiencies and resubmit the invoice the following month.

If the invoice meets the requirements of Subsection 109.08(c), but has quantities or unit prices exceeding the corresponding quantities and unit prices shown on the Government's receiving report, the Government's data for that item of work will be used. The Contractor's invoice, as revised by the Government's receiving report, will be forwarded for processing within 7 days of the Government's receipt of the invoice. The Contractor will be notified of the reasons for any changes to the invoice.

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(f) Partial payments. Delete the subsection and substitute the following:

(f) Partial payments. Progress payments may include partial payment for material to be incorporated in the work according to FAR Clause 52.232-5(b)(2), provided the material meets the requirements of the contract and is delivered on, or in the vicinity of, the project site or stored in acceptable storage places.

Partial payments for stockpiled manufactured material (aggregates) will be based on Contractor process control test results. If test results show the material to be out-of-specification, or in “reject” where statistical evaluation procedures are used, no payment for stockpiled materials will be made.

Partial payment for material does not constitute acceptance of such material for use in completing items of work. Partial payments will not be made for living or perishable material until incorporated into the project.

Individual and cumulative partial payments for preparatory work and material will not exceed the lesser of:

(1) 80 percent of the contract bid price for the item; or

(2) 100 percent of amount supported by copies of invoices submitted.

The quantity paid will not exceed the corresponding quantity estimated in the contract. The CO may adjust partial payments as necessary to protect the Government.

Section 152. — CONSTRUCTION SURVEY AND STAKING

Construction Requirements

152.04 General. Add the following to the second paragraph:

The Government will furnish design data listed in 102.02A(c).

The Government will establish basic survey control points for vertical and horizontal control of the project.

Delete the last sentence of the fourth paragraph from the bottom of the subsection and substitute the following:

Reestablish missing control points and stakes before slope staking begins.

152.05 Survey and Staking Requirements.

(d) Slope and references stakes.

(2) Conventional survey methods. Add the following:

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When the centerline curve radius is less than or equal to 250 feet (75 meters), use a maximum longitudinal spacing between stakes of 25 feet (8 meters). When the centerline is on a tangent or the curve radius is greater than 250 feet (75 meters), use a maximum longitudinal spacing between stakes of 50 feet (15 meters).

(f) Grade-finishing stakes. Delete (1) AMG method.

(g) Culverts. Delete the text and substitute the following:

Verify and set culvert locations at the inlet, outlet, and inlet basin points according to the plans. Plot to scale the profile along the culvert centerline. Show the existing ground, the flow line, the roadway section, and the culvert including end treatments and other appurtenances. Provide the elevations, grade, culvert length, degree of elbow, catch points, and hinge points on the plot.

Perform the following if the culvert design shown in the plans does not fit field conditions, when the CO requires adjustment to a culvert location, or when a culvert design isn’t provided for a new culvert, culvert replacement, or culvert extension:

(1) Recommend a revised culvert location and alignment if needed.

(2) Survey and record the ground profile along the culvert centerline;

(3) Determine the slope catch points at the inlet and outlet;

(4) Set reference points and record information necessary to determine culvert length and end treatments;

(5) Plot to scale the profile along the culvert centerline. Show the natural ground, the flow line, the roadway section, and the culvert including end treatments and other appurtenances. Show elevations, grade, culvert length, and degree of elbow.

(a) For single skewed culverts, submit a plotted field-design cross-section normal to roadway centerline and at each end section. Plot the offset and elevation of natural ground at the end section and at proposed template break points between centerline and the end section. Ensure the template design embankment slope is not exceeded;

(b) For multiple skewed culverts, submit a plotted field design cross-section normal to roadway centerline and at the end sections (left and right) nearest to the shoulder.

Plot the offset and elevation of natural ground at the end section and at proposed template break points between centerline and the end section. Ensure the template design embankment slope is not exceeded;

(c) Submit the plotted field-design cross-section for approval of final culvert length and alignment. Plot at a clear and readable scale;

(d) Set inlet, outlet, and reference stakes when the field design has been approved.

Stake inlet and outlet ditches to make sure the culvert and end treatments (such as drop inlets) are functional; and

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(e) Adjust slope, reference, and clearing stakes as necessary to provide for culvert inlet treatments in cut slopes. Readjust slope, reference, and clearing stakes as necessary when culvert inlets are moved from their plan locations. Review slope adjustments with the CO and obtain approval.

(i) Retaining walls and reinforced soil slopes. Delete the Subsection and substitute the following:

(i) Retaining walls. Survey and record profile measurements along the face of the proposed wall at 5 feet (1.5 meters), 10 feet (3 meters), and in front of the wall face. Take cross-sections every 25 feet (8 meters) along the length of the wall and at major breaks in terrain within the limits designated by the CO. Measure and record points every 25 feet (8 meters) and at major breaks in terrain for each cross-section. Set additional references and control points to perform the work.

Measurement

152.07 Delete the third paragraph and substitute the following:

Do not measure miscellaneous survey and staking.

152.07 Add the following to the fourth paragraph:

Reestablishing missing control points and stakes will be measured under Special labor, Hired survey services when it is paid by the hour.

Section 153. — CONTRACTOR QUALITY CONTROL

Description

153.01 Add the following:

This work also consists of using Masterworks to prepare electronic CDRs and measurement notes (pay notes and supporting field documentation), including entering labor, equipment, subcontractors, and inspection records into the system.

Construction Requirements

153.02 Qualifications.

(a) Quality control manager (QCM) Delete the first sentence and substitute the following:

Provide a QCM according to (1) below.

(1) Full-time, on-site QCM. Delete subsections (a) and (b) and substitute the following:

(a) Four years of experience managing quality control on highway construction projects

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(b) National Institute for Certification in Engineering Technologies (NICET) Level III certification, or equivalent, in highway construction or highway material.

153.03 Quality Control Plan (QCP).

(b) Quality control procedures

(2) Add the following: List the material to be tested by pay item, tests to be conducted, the location of sampling, and the frequency of testing.

Add the following:

(d) Subcontractors and suppliers. Include the work of all subcontractors. If a subcontractor is to perform work under this Section, explain how the subcontractor’s inspection plan will interface with the Prime Contractor first tier subcontractors and lower tier subcontractors and organizations, and the CO. Include the work of major suppliers and suppliers of structural and geotechnical services and materials.

Add the following:

Modifications or additions may be required to any part of the plan that is not adequately covered.

Acceptance of the quality control plan will be based on the inclusion of the required information.

Acceptance does not imply any warranty by the Government that the plan will result in consistent contract compliance. It remains the responsibility of the Contractor to demonstrate such compliance.

153.04 Prosecution of Work. Delete this Subsection and substitute the following:

Address each of the subjects shown for each phase of construction:

(a) Preparatory phase.

(1) In a preparatory phase meeting, review the contract requirements for the work; the process for constructing the work; and the plan for inspecting, testing, measuring, and reporting the work. Include the project superintendent, the quality control manager (QCM), the foreman for the work to be performed, and the CO in the meeting. Schedule and conduct a preparatory meeting for each type of work to be performed at least one week prior to beginning the work.

(2) Review and coordinate certifications, submittals, plans, drawings, and permits.

(3) Verify the capabilities of equipment, material, and personnel. Provide training as necessary.

(4) Establish a detailed testing schedule based on the production schedule.

(5) Ensure preparatory testing and inspection is accomplished.

(6) Review accuracy of the surveying and staking.

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(b) Start-up phase.

(1) In a start-up phase meeting, review the contract requirements and the processes for constructing the work with the personnel who will be performing the work. Invite the CO, project superintendent, QCM, testers, and inspectors of the work being performed, and the personnel directly supervising and performing the work. Review the planned testing, inspection, and reporting requirements with the quality control personnel responsible for the testing and inspection. Explain the reporting procedures to be used when defective work is identified. Conduct a start-up meeting for each type of work to be performed upon beginning the work.

(2) Inspect, test, and report start-up work according to the QCP and ensure the work conforms to the contract.

(c) Production phase.

(1) Inspect, test, and report according to the QCP and evaluate the acceptability of the work produced.

(2) Identify and correct deficiencies.

(3) Request Government inspection and acceptance.

(4) Provide feedback on processes and deficiencies. Identify root causes of deficiencies and make timely and effective changes to work processes to prevent repeated deficiencies.

(d) Construction progress meeting.

(1) Schedule and facilitate a weekly construction progress meeting.