The URL can be used to link to this page

Browse Search

Home My WebLink About20250678.tiffCo► i-va c+11k0 40l0 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND OVERLOOK MINE LLC FOR MINING SERVICES THIS AGREEMENT is made and entered into this 5441 day of , 2025, by and between the Board of Weld County Commissioners, on behalf of the partment of Public Works hereinafter referred to as "County," and Overlook Mine LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500028. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and cones d& 5/SlZS 1 Cc : 0rkale ale (PU3) puichasin9 5/5/25 2o25-0(013" E.CiOn3 requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may i terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust 2 enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $1,360,000, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Govemment Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the 3 execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and 4 proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form basis. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or 5 before the contract date or the first date when any goods or services were provided to County, whichever is earlier. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 6 In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 7 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $2,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be 8 exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false - work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any 9 Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the 10 Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for 11 losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 19. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Ken Evans Position: Owner Address: PO Box 2456 Address: Parker, CO 80134 12 E-mail: Ken@pei-corp.com Phone: 970-531-8719 County: Name: Nate Gibson Position: Trucking / Mining Supervisor Address: PO Box 758 Address: Greeley, CO 80632 E-mail: ngibson@weld.gov Phone: 970-400-3722 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §2450-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be 13 construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Govemmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended. 28. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 14 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c).] 33. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Name: CP"� Title: 1-1 rn WELD COUNTY: Date of Signature 15 ATTEST: .'44ria4A) j`�;44 BOARD OF COUNTY COMMISSIONERS Weld oun Clerk to the Board WE COUNTY, COLORADO BY: Deputy Clerk to the Boards--L� Per L. Buck, Chair 16 MAY 0 2025 20 ZS -c(01$ Exhibit A Weld County Finance Department Purchasing Division 1301 North 17t'' Avenue Greeley, Colorado 80631 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500028 Title: Mining Services Advertisement Date: February 12, 2025 Pre- Bid Meeting: February 24, 2025, at 11:00 AM Pre- Bid Location: 1111 H Street Greeley, CO 80632 Questions Due: February 26, 2025, by 12:00 PM Questions Posted: February 28, 2025by 12:00 PM Questions email: bids@weld.gov Bid Due Date: March 5, 2025, by 10:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids(a�weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov IFB Schedules S chedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds Schedule F: Weld County Contract Documents Included in this Bid Package IFB Attachments Attachment 1 — Project Special Provisions Form Revision 12-2024 Exhibit A Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work g Project Overview 6 Method of Procurement g Delivery Method Error! Bookmark not defined. Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule g Schedule D - Bid Response Form 10 Bid Submittal Instructions 10 Fees 11 Attestation 12 Schedule E — Insurance and Bonds 13 Insurance 13 Bonds Error! Bookmark not defined. Insurance Mailing Information 17 Schedule F - Weld County Contract 18 Contractual Obligations 18 Weld County Standard Contract 19 B2500028 2 Exhibit A Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Mining Services A Mandatory pre -bid conference will be held on February 24th, 2025 at 11:00 AM at Weld County Public Works located at 1111 H ST, Greeley, CO 80632. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: March 5th, 2025 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 5th, 2025 at 10:30 AM To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. By Phone Microsoft Teams Join the meeting now +1 720-439-5261„300282295# Phone United conference States, Denver ID: 300 282 Meeting Passcode: ID: 239 zE27bS3d 757 934 629 295# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized B2500028 3 Exhibit A person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. B2500028 4 Exhibit A Vendor(s) may, at their discretion, agree to extend the pnces and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms B2500028 5 Exhibit A Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a turn -key unit price project for a vendor to provide Mining S ervices. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. P ricing Method U nit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. S pecific Requirements and Responsibilities P urpose: Weld County is soliciting bids for surface gravel crushing, stockpiling and transporting material The project, in general, consists of crushing, stockpiling and hauling approximately 200,000 tons of aggregate material for graveling of roads within the central and north areas of Weld County. 1. Weld County has stockpiled 100,000 cubic yards pit run material at the Hokestra Pit, WCR 24.5 between WCR 9.75 and Frontage Road, on the north side of the road, to be used for this project. The Contractor shall utilize only the stockpiled material the site. Weld County Public Works Materials Supervisor or Foreman will direct. 2. The contractor will follow all rules, regulations, and conditions stipulated in the DRMS mining permit, CDPHE stormwater permit. APEN permit, and any other permits covering the site. 3. Project time will be from time contract awarded through December 31, 2025. All work must be completed by December 31, 2025. 4 Removal and stockpiling of topsoil and overburden at designated Weld County pits. 5 Stockpiling pit run material at current or other Weld County pits for future crushing. 6. Hauling and stockpiling from Hokestra Gravel Pit, WCR 24.5 between WCR 9.75 and Frontage Road, on the north side of the road to LJM Stockyard on WRC 120 between WCR 23 and WCR 25 South Side of the road. 7. The Contractor shall produce material (Item 304-09002) that meets the Weld County Surface Gravel Specification: B2500028 6 Exhibit A Target Value Ranges for Surface Course Gradation Standard (mm) Mesh (in) Mass Percent Passing the Square Mesh Sieves 150 00 6 100 00 4 75 00 3 63 00 2 5 50 00 2 37 50 1 5 100 25 40 1 90-100 19 00 12 5 0 5 55-80 4 76 No 4 45-65 2 38 33-53 0 42 No 40 15-35 0 07 No 200 4-15 Plastic Index 4-12* *Pl specification may be adjusted at Weld County's discretion 8 Payment shall be made according to the unit price listed in the contract The Contractor's conveyor belt stacker shall be equipped with a certified scale, so an accurate tonnage can be obtained The County, at its discretion, can survey the stockpile of processed material to determine that the Contractor's scale is accurate 9 The County, in its sole discretion, may apply a price reduction in the event the surface gravel product does not meet the gradation specification outlined above The price reduction shall be based on the price reduction formula outlined in Section 105 03 of the Project Special Provisions and the multiplier for aggregate base course 10 The Contractor shall provide the County with a copy of the scale certification prior to any material being produced If the survey of the stockpile shows a discrepancy in the tonnage shown by the scales, the Contractor shall recertify the stacker scale 11 The Contractor shall follow all OSHA and MSHA regulations The Contractor is also required to provide all permitting associated with the contracted equipment and labor © MSHA ID # (for crusher unit) ® APCD (State Health and Environment Department) ® Air Pollution Permit (for crusher unit) B2500028 7 Exhibit A 12 Weld County will select the bidder based on the lowest cost to the County in accordance with the Weld County Code 13 The specification for material supply shall be in accordance with the Colorado Department of Transportation, Standard Specification for Road and Bridge Construction 2023 and as modified by Weld County, unless otherwise stipulated in this document References to the division shall mean Weld County and all documentation required will be handled through the Weld County Public Works Department 14 Weld County reserves the right to terminate this contract at any time if, in the opinion of the Public Works Director, the successful contractor(s) are not performing according to provisions outlined in this contract or according to Colorado Department of Transportation Standard Specifications for Road and Bndge Construction 15 This one-year contract is renewable for up to (2) additional terms The term will begin when the contract is executed by the Weld County BOCC and terminate one year later Material cost adjustments will be considered at the end of each term that this contract represents Any pnce adjustments must be venfied by justification of base bid cost increase of matenals, labor or other associated items included in the original cost of the material supply Cost increase must be consistent with regional trends Weld County will use the Consumer Pnce Index for Denver - Aurora -Lakewood Price adjustments will not be implemented without final approval from Weld County Weld County reserves the nght to cancel this contract and re -bid the matenal crushing contract if, in the opinion of the Public Works Director, the cost increase is not justified or consistent with regional trends B2500028 8 Exhibit A Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) Completion February 12, 2025 February 24, 2025, at 11:00 AM 1111 H Street Greeley, CO 80632 February 26, 2025, by 12:00 PM bids(a�weld.gov February 28th, 2025 by 12:00 PM March 5, 2025, by 10:00 AM Purchasing's Clock March 27, 2025 April 10, 2025 April 17, 2025 December 31, 2025 B2500028 9 Exhibit A Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on March 5, 2025. 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. B2500028 10 Exhibit A Fees Provide fees for this project below, Indicate the price per unit, and the total price by multiplying price per unit by quantity given. Add the totals for each line item to calculate the total contract amount. Bid Schedule for Contracted Mining Services Item Number Item Pit Location Quantity* y Unit Unit Price Total 203-01580 Materials Locations to Pit 1 HR Trucking Alternate Hokestra 203-01580 Trucking LJM Hokestra yard Materials from to Hokestra Pit 500 EA 207-00210 . Removal & Overburden of All Pits 1 CY Topsoil 304-09002 Surface Crushing Gravel , Peters 313 Pit 1 TON 304-09002 Surface Crushing Gravel Pit 100,000 TON Hokestra 304-09200 Stockpiling Material Pit Run All Pits 1 CY 626-00000 Mobilization (Crushing) Peters 313 Pit 1 LS 626-00000 Mobilization (Crushing) Pit 1 LS Hokestra 626-00000 Stockpiling Overburden (Removal Mobilization Pit of and Run) Hokestra Pit 1 . LS 626-00000 Stockpiling Overburden (Removal Mobilization Pit of and Run) Peters 1 LS 626-00000 Stockpiling Overburden (Removal Mobilization Pit of and Run) North Pierce 1 LS 626-00000 Stockpiling Overburden (Removal Mobilization Pit of and Run) Koskie 1 LS Grand Total *Quantities quantities necessary are can to crush, for be information adjusted stockpile sample to only meet and contract and haul. budget are The is used restraints. included successful solely as for Prices vendor a selecting separate will is include required attachment) the lowest all to labor, sign responsible and a separate equipment bidder, contract actual costs (a B2500028 11 Exhibit A Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500028. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title. Date of Signature B2500028 12 Exhibit A Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers' Liability) Statutory 100,000 100,000 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence General Aggregate 8 Products/Completed Operations Aggregate $ Personal Advertising Injury $ Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000,000 4,000,000 4,000,000 2,000,000 100,000 10,000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. B2500028 13 Exhibit A 3) Automobile L►ab►hty Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract 4) Professional L►ab►hty Contractor shall maintain Professional Liability Insurance covenng wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract The policy/coverages shall be amended to include the following a Coverage shall apply for three (3) years after project is complete b Policy is to be on a pnmary basis, if other professional coverage is carned Per Loss Aggregate $ 2,000,000 $ 4,000,000 5) Umbrella or Excess L►ab►hty Insurance Contractor shall maintain limits of $1,000,000 and shall become pnmary in the event the pnmary liability policy limits are impaired or exhausted The policy shall be written on an Occurrence form and shall be following form of the primary 6) Pollution L►ab►hty Weld County requires this coverage whenever work at issue under this Contract involves potential pollution nsk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste matenals, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery penod will be exercised for a period of three (3) years beginning from ,the time that work under this contract is completed , Minimum Limits Per Loss Aggregate $ 1,000,000 $ 1,000,000 B2500028 14 Exhibit 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as descnbed in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles a The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site b Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficianes of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later c The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project d The Builders' Risk Coverage shall be wntten on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debns removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading e The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the building during construction Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County f Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment dunng installation and testing (including cold and hot testing) g The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered penis within the required policy B2500028 15 Exhibit A Additional Insurance Related Requirements No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be wntten on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entenng the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA) All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract 82500028 16 Exhibit A Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Nate Gibson Email: ngibson@weld.gov Telephone: 970-939-0070 Mail: Weld County Public Works Department ATTN: Nate Gibson PO Box 758 Greeley, CO 80632 B2500028 17 Exhibit A Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including; but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. B2500028 18 Exhibit A Weld County Standard Contract Below is a sample of a standard Weld County Contract for Construction. AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND [CONTRACTOR] FOR [INSERT NAME OF PROJECT] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as 'Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. Number) Exhibit B consists of Contractor's Response to County's Request for Bid. [Insert Bid 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors B2500028 19 Exhibit A performing construction services of a similar nature to those descnbed in this Agreement Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescnbed by County may result in County's decision to withhold payment or to terminate this Agreement 3 Term The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities descnbed in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entenng into Agreements which bind County for penods longer than one year This Agreement may be extended upon mutual wntten agreement of the Parties In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein 4 Termination, Breach; Cure County may terminate this Agreement for its own convenience upon thirty (30) days wntten notice to Contractor Either Party may i terminate this Agreement upon matenal breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Amendment Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained wntten authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly ennched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder In the event that wntten authorization and acknowledgment by the County for such additional services is not timely executed and issued in stnct accordance with this Agreement, Contractor's nghts with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable B2500028 20 Exhibit A adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq. ) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume B2500028 21 Exhibit A toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the nght (but not the obligation) to enforce the provisions of -this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process , The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10 Confidentiality Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72- 201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking wntten permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty penod dunng which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits 12 Acceptance of Services Not a Waiver Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated dunng completion of this work Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any nght or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's nghts under this Agreement or under the law generally B2500028 22 Exhibit A 13 Insurance Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and dunng any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County The County requires that all policies of insurance be wntten on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is wntten on a "following form" basis For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims - made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement The insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carner refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way 'warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency B2500028 23 Exhibit Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI) The County, in its discretion, may accept other forms of proof of insurance The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award Contractor shall provide coverage with limits of liability no less than those stated below. Required Types of Insurance 8) Workers' Compensation and Employer's Liability Insurance covenng all the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole propnetor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 9) Commercial General Lability Insurance including public liability and property damage covenng all operations required by the Work The policy shall be endorsed to include the following additional insured language County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed B2500028 24 Exhibit operations " Such policy shall include minimum limits as follows Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Medical operations coverage shall be provided for a minimum penod of one (1) year following final acceptance Completed Operations coverage must be kept in effect for up to the statute of repose after project completion 10) Automobile Liability Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract 11)Profess►onal Lability Contractor shall maintain Professional Liability Insurance covenng wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract The policy/coverages shall be amended to include the following a Coverage shall apply for three (3) years after project is complete b Policy is to be on a pnmary basis, if other professional coverage is carned Per Loss Aggregate $ 2,000,000 $ 4,000,000 12)Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall become primary in the event the pnmary liability policy limits are impaired or exhausted The policy shall be wntten on an Occurrence form and shall be following form of the pnmary B2500028 25 Exhibit 13)Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution nsk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor descnbed in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery penod will be exercised for a period of three (3) years beginning from the time that work under this contract is completed Minimum Limits Per Loss Aggregate $ 1,000,000 $ 1,000,000 14)Builders' Risk Insurance or Installation Floater— Completed Value Bass Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as descnbed in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, compnsing total value of the entire Project at the site on a replacement cost basis without optional deductibles a The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption dunng construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site b Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in wnting by all persons and entities who are benefiaanes of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later c The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project d The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debns removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if B2500028 26 Exhibit A applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading e The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the building during construction Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County f Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment dunng installation and testing (including cold and hot testing) g The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor , for all covered penis within the required policy Additional Insurance Related Requirements No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks and if it deems appropnate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entenng the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authonzed by that insurer to bind coverage on its behalf The Contractor B2500028 27, Exhibit A shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project; from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation; law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract; the Contractor agrees to waive all rights of subrogation against the County, associated and/or affiliated entities, successors; or assigns; its elected officials, trustees; employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. B2500028 28 Exhibit A 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the r ght to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 19. Notices. County may designate prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: [Insert] [Insert] [Insert] Address: [Insert] E-mail. Phone: [Insert] [Insert] B2500028 29 Exhibit A County: Position: Address: Address: [Insert] [Insert] [Insert] E-mail: [Insert] Phone: [Insert] 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected B2500028 30 Exhibit A officials, employees, agents, and volunteers No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended 28 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 29 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 30 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County Distnct Court shall have exclusive jurisdiction to resolve said dispute 31 No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it ' does not knowingly employ or contract with an unauthonzed alien who will perform work under this Agreement (see 8 U S C A §1324a' and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment venfication requirements ' contained within state or federal grants or awards funding public contracts Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 32 Public Contracts for Services C.R.S. §8-17-101 For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to 'demonstrate insufficient Colorado labor IS available to perform the work, and this requirement B2500028 31 Exhibit A would create an undue burden that would substantially prevent the work from proceeding to completion [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accordance with C R S §8-17-107 and 2 C F R §200 319(c) ] 33 Attorney's Fees/Legal Costs In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 34 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void 35 Acknowledgment County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Name Title WELD COUNTY Date of Signature ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY Deputy Clerk to the Board Perry L Buck, Chair B2500028 32 Exhibit B2500028 33 Exhibit A Attachment 1 Project Special Provisions Contents Revision of Section 101 - Definition of Terms 1 Revision of Section 104 - Scope of Work 8 Revision of Section 105 - Control of Work 10 Revision of Section 106 - Control of Material 16 Revision of Section 107 — Legal Relations and Responsibility 20 Revision of Section 108 - Prosecution and Progress 31 Revision of Section 109 — Measurement and Payment 38 Revision of Section 203 — Excavation and Embankment 48 Revision of Section 626 — Mobilization 49 Revision of Section 101 - Definition of Terms Technical Specifications related to construction materials and methods for the work required under this contract shall consist of the "CDOT Standard Specifications for Road and Bridge Construction" dated 2023, Weld County Project Special Provisions (PSP), CDOT Standard Special Provisions (SSP), and CDOT Project Special Provisions. Where the Contract Documents, Weld County PSP, or the Specifications contradict one another, the more stringent specification shall apply. Weld County at its sole discretion shall determine which specification is more stringent. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows in Section 101.02: Subsection 101.02 shall be revised to include the following: 101.02 Definitions, alphabetically. All references (as applicable) to State, CDOT, and the Department of Transportation shall be defined as Weld County acting directly or through its duly authorized representative or agent. As -Built Plans. A set of drawings showing actual elevations and other pertinent information related to the finished construction project. The drawings shall be stamped and dated by a licensed professional engineer or surveyor. Also known by As - Constructed Drawings. Build America, Buy America (BABA) Requirements: Division G, title IX, subtitle A, parts I -II, sections 70901 through 70927 of the Infrastructure Investment and Jobs Act Exhibit A (Pub L 117-58) and 2 CFR Parts 184 and 200 The "domestic content procurement preference" set forth in section 70914 of the Build Amenca, Buy Amenca Act, requires that all construction matenals and manufactured products incorporated into the project are produced in the United States Buy America (BA) Requirements: FHWA Buy America statutory provisions are in 23 U S C 313 and the regulatory provisions are in 23 CFR 635 410, which requires that all of the steel and iron incorporated into the project is produced in the United States For other policy and guidance links, see the FHWA Construction Program Guide Buy America Preferences for Infrastructure Projects. Requirements for federal -aid funded highway projects as outlined and encompassed in 2 CFR Part 184 Chief Engineer. The Weld County Department of Public Works individual who is identified as the County Engineer Component' An article, matenal, or supply, whether manufactured or unmanufactured, incorporated directly into (I) a manufactured product, or, where applicable, (ii) an iron or steel product Construction Material. Includes an article, matenal, or supply that consist of only one of the following items listed and means articles, matenals, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction matenal (1) The listed items are (I) Non-ferrous metals, 00 Plastic and polymer -based products (including polyvinylchlonde [PVC], composite building matenals, and polymers used in fiber optic cables), (iii) Glass (including optic glass), (iv) Fiber optic cable (including drop cable), (v) Optical fiber, (vi) Lumber, (vu) Engineered wood, and (yin) Drywall Exhibit A (2) Minor additions of articles, matenals, supplies, or binding agents to a construction matenal do not change the categorization of the construction material Contract: The wntten agreement between Weld County through the Public Works Department and the Contractor, setting forth the obligations of the parties for the performance of the work and the basis of payment The Contract includes the invitation for bids, proposal, contract bonds, standard specifications, supplemental specifications, special provisions, general and detailed plans, Notice to Proceed, contract modification orders, and authonzed extensions of time, all of which constitute one instrument Contract Modification Order. A wntten order issued to the Contractor by the Department covenng contingencies, extra work, increases or decreases in contract quantities, and additions or alterations to the plans or specifications, within the scope of the Contract, and establishing the basis of payment and time adjustments for the work affected by the changes The Contract Modification Order is the only method authonzed for changing the Contract Contract Modification Orders must be approved as established in subsection 105 14 Contractor. The individual, firm, or corporation contracting with Weld County through the Public Works Department for performance of prescnbed work Cost of Components for Manufactured Products: In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions (0 for components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued), or 00 components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as descnbed in paragraph 0) of this section, plus allocable overhead costs, but excluding profit Cost of components does not include any costs associated with the manufacture of the manufactured product County. Weld County or Weld County Public Works Department. The Weld County Public Works Department Engineer. The Weld County Director of Public Works or designated who is responsible for engineering and administrative supervision of the project Also called Resident Engineer or Project Engineer Exhibit A Holidays. Holidays recognized by Weld County are New Year's Day January 1, 2025 Martin Luther King, Jr Day January 20, 2025 President's Day February 17, 2025 Memorial Day May 26, 2025 Independence Day July 3-5, 2025 Labor Day September 1, 2025 Veterans Day November 11, 2025 Thanksgiving November 27-28, 2025 Christmas December 25-26, 2025 When one of the holidays falls on a Sunday, the following Monday shall be considered a holiday When one of the holidays falls on a Saturday, the preceding Friday shall, be considered a holiday Hours of Operation. Sunnse to lA hour before sunset unless otherwise approved in writing by the Engineer Infrastructure Project: Includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges, public transportation, dams, ports, , harbors, and other mantime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including dnnking water and wastewater systems, electrical transmission facilities and systems, utilities, broadband infrastructure, and buildings and real property Infrastructure includes facilities that generate, transport, and distribute energy Iron or Steel Product Articles, materials, or supplies that consists wholly or predominantly of iron or steel or a combination of both Typical iron and steel products subject to Buy Amenca preferences include, but is not limited to, structural and reinforcing steel incorporated into pavements, bndges, and buildings (such as maintenance facilities), steel rail, and other equipment Manufactured Product: (1) Articles, materials, or supplies that have been 0) Processed into a specific form and shape, or 00 Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies (2) If an item is classified as an iron or steel product, a construction matenal, or a section 70917(c) matenal under the definitions set forth in this section, then it is not a manufactured product However, an article, matenal, or supply classified as a manufactured product under paragraph (1) of this definition may include Exhibit A components that are construction matenals, iron or steel products, or section 70917(c) matenals Manufacturer. The entity that performs the final manufacturing process that produces a manufactured product Method Statement. A written procedure from the Contractor detailing how a specific task will be completed including the expected resources and production rates required to complete the task Pre -construction Conference. A meeting of Weld County personnel, Contractor project personnel, and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed Predominantly of iron or steel or a combination of both. Means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components Produced in the United States (1) Steel or Iron Products All manufactunng processes, from the initial melting/smelting stage through the application of coatings, occurred in the United States (2) Manufactured Products (i) The product was manufactured in the United States, and (ii) The cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product (3) Construction matenals All manufactunng processes for the construction matenal occurred in the United States per 106 11(f) of this specification Project Engineer. The Department's duly authorized representative who is in direct charge of the work and is responsible for the administration and satisfactory completion of the protect under contract Also called the "Resident Engineer" or "Engineer" Region Transportation Director. The Director of Public Works or designated representative responsible for construction, maintenance, and safety activities, within the geographical jurisdiction established by the Department The Director is responsible for Exhibit A acting on written appeals made by the Contractor relating to contract claims for additional compensation or extension of contract time Resident Engineer. The County's full-time engineer directly responsible for the overall administration of the assigned construction project Only a Resident Engineer can approve and sign vouchers for interim and final Contractor pay estimates Also referred to as the Engineer or Project Engineer Roadway Prism: The portion of the roadway defined as the pnsm of embankment situated from beneath the shoulders and paved structure and inside the lines projected downward and outward on a one-to-one slope from edge of gravel shoulders to edge of gravel shoulder or back of curb to back of curb (as applicable) to their intersection with the base of the embankment Safety Critical Work. Elements of the work that, if performed improperly, could encroach upon and endanger traffic that is following all traffic regulations Safety critical work may include work elements performed under one or more of the following situations (1) Work that is constructed on, over, or near a traffic route and could become unstable over time if installed improperly (2) Work that requires the use of lifting devices in the vicinity of traffic (3) Elements of work considered safety cntical for the project will be identified in Section 107 — Performance of Safety Cntical Work (4) "Traffic" is defined as the vehicles, railroad, pedestnans, aircraft, and watercraft moving along a route The route may be permanent or temporary, such as a detour Section 70917(c) Materials: Cement and cementitious matenals, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives See section 70917(c) of the Build Amenca, Buy Amenca Act State. Weld County acting through its authonzed representative Subcontractor. An individual, firm, corporation, or other legal entity at any tier to whom the Contractor sublets part of the Contract A subcontractor shall include an individual, firm, corporation, or other legal entity who meets one or both of the following cntena (a) Establishes a fabricating process or facility exclusively for the use of the Project, whether on or off the site of work per 29 CFR 5 2 Site of Work (1)(000(iu) (b) Performs work that is incorporated within the Project limits Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed Subgrade that has been treated with lime, fly ash, cement kiln Exhibit A dust, or combinations thereof for stabilization will be considered subbase Subgrade shall also include aggregate base course matenals Substantial Completion. The completion of all payable work as shown on the pay application Only non -payable or minor items, as determined by Weld County in its sole discretion, may be placed on the Substantial Completion punchlist Supplier: An individual, firm, or corporation who meets all of the following cntena (a) Sells manufactured materials as a broker, distributor, dealer, manufacturer, or wholesaler who may or may not deliver the materials to the site of work ' (b) The manufacturing of the materials, articles, supplies, or equipment used for the contract that is being supplied shall come from a facility or facilities that (1) Is not located on, nor does itself constitute, the project or contract's pnmary construction site or secondary construction site as defined in 29 CFR 5 2, and (2) Either was established before opening of bids on the contract, or is not dedicated exclusively, or nearly so, to the performance of the contract (c) The supplier's only obligations for activity on the contract is the delivery of materials, articles, supplies, or equipment, which may include pickup of the same in addition to, but not exclusive of, delivery, and which may also include activities incidental to such delivery and pickup, such as loading, unloading, or waiting for matenals to be loaded or unloaded, and (d) If an entity, in addition to being engaged in the activities specified in paragraph (c) of this definition, also engages in other construction, prosecution, completion, or repair on the site of the work, then this entity is not a supplier but a contractor End of Section Exhibit A Revision of Section 104 — Scope of Work Section 104 of the Standard Specifications is hereby revised for this project as follows Subsection 104.02(a) shall be deleted and replaced with the following: (a) Differing Site Conditions It is the County's expectation to complete this project with no change orders resulting in additional cost unless such change orders are initiated by the County Change orders for differing site conditions will be entertained by the County in the event of extraordinary circumstances However, the County is under no obligation to approve said change orders No cost change orders, reduction in cost change orders, and County initiated change orders may occur The Contractor shall not be entitled to a change order for Differing Site Conditions By way of example, Differing Site Conditions not eligible for a change order include but are not limited to (1) Encountering groundwater (2) Discovery of debris (buried or unburied within the ROW) (3) Existing asphalt thicknesses that are different than expected (4) Increased costs or delays due to relocations of utilities and/or oil and gas facilities (5) Increased costs due to ROW or easement acquisitions (6) Discovery of unknown or private utilities such as water, sewer, gas, electric, phone, irrigation, oil, etc (7) Discovery of septic systems, leach fields, or other ancillary wastewater infrastructure (8) Discovery of unknown irrigation facilities, landscape irrigation systems, or water wells (9) On -site soils not suitable for structural foundations or embankments (10) Unsuitable materials excavation (11) High water levels in drainageways due to stormwater runoff or snowmelt The Contractor shall be expected to manage the risks associated with flows in the drainageways in order to meet the project completion date Exhibit A (12) Frozen ground During the progress of work, if extraordinary conditions are discovered, the party discovering such conditions shall promptly notify the other party in writing of the specific conditions before the site is disturbed and the affected work is performed The Contractor shall bear the burden of proving that a Differing Site Condition is an extraordinary circumstance, and that the Contractor could not have reasonably worked around the condition so as to avoid additional costs Each request for a change order relating to a differing site condition shall be accompanied by a statement signed by a qualified professional setting forth all relevant assumptions made by the Contractor with respect to the condition of the Site, justifying the basis for such assumptions, explaining exactly how the existing conditions are eligible for a change order under the terms of the Contract, and stating the efforts undertaken by the Contractor to find alternative design or construction solutions to eliminate or minimize the problem and the associated costs Upon written notification, the Engineer will investigate the conditions, and determine if an extraordinary condition exists that will cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits will be made and the Contract modified in writing accordingly The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice Subsections 104.02(c)(1) and 104.02(c)(2) shall be deleted and replaced with the following (1) When the character of the work as altered differs matenally in kind or nature from that involved or included in the original proposed construction, and (2) When a major item of work is increased in excess of 150 percent of the original contract quantity or decreased below 25 percent of the original contract quantity Any allowance for an increase in quantity shall apply only to that portion in excess of 150 percent of original contract item quantity, or in case of a decrease below 25 percent, to the actual amount of work performed A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount End of Section Exhibit A Revision of Section 105 - Control of Work Section 105 of the Standard Specifications is hereby revised for the project as follows: Subsection 105.01 shall be revised to include the following: Weld County has the authority by written order to suspend the Work wholly or in part for the reasons outlined in the Contract Documents. All the Contractor's employees shall have the skill, experience, and any licenses or certifications required to perform the Work assigned to them. If the County determines, in its sole discretion, that any Person employed by the Contractor or by any Subcontractor is not performing the Work properly and skillfully, then, at the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The employee shall be removed from the project as soon as possible but in an amount of time not to exceed 24 hours. If the Contractor or the Subcontractor fails to remove such Person(s) or fails to furnish skilled and experienced personnel for the proper performance of the Work, then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. Weld County, in its sole discretion, may require the Contractor to replace project management staff (Project Manager, Superintendent, Project Engineer, etc.) for any reason. This will also apply to all the Contractor's subcontractors. At the written request of the County, the Contractor or such Subcontractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of the County. The project management staff shall be removed from the project as soon as possible but in an amount of time not to exceed 7 calendar days. If the Contractor or the Subcontractor fails to remove such Person(s) then the County may, in its sole discretion, suspend the affected portion of the Work by delivery of written notice of such suspension to the Contractor. Contract time shall not stop but shall continue as specified in the Contract. Such suspension shall in no way relieve the Contractor of any obligation contained in the Contract Documents or entitle the Contractor to a Change Order. Additionally, pay reductions shall be assessed in accordance with Subsection 108.12. Subsection 105.03, paragraph 5 shall be deleted and replaced with the following: When the Engineer or Inspector finds the materials furnished, work performed, or the finished product are not in conformity with the Contract Documents, and Weld County determines, in its sole discretion, that it has resulted in an inferior or unsatisfactory product, the Work or Materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor. Exhibit A Subsection 105.03, paragraph 7 shall be deleted and replaced with the following. Matenals will be sampled and tested for Owner Acceptance by Weld County per the sampling and testing schedules and procedures contained in the Contract Documents and in CDOT's Field Matenals Manual The quantity represented by five consecutive random samples will constitute a lot whenever production schedules and material continuity permit The Engineer may establish a lot consisting of the quantity represented by any number of consecutive random samples from one to seven inclusive when it is necessary to represent short production runs, significant material changes, or other unusual characteristics of the Work Tests that are determined to have sampling or testing errors will not be used The Contractor will not have the option of accepting a pnce reduction in lieu of producing material that complies with the Contract Documents Continued production of nonconforming Matenal will not be permitted Material, which is obviously defective, may be isolated and rejected by Weld County without regard to sampling sequence or location within a lot Rejected material shall be removed at the Contractor's expense Subsection 105.03 the two paragraphs following the Table 105-2 and starting with "If P is a negative number ..." shall be deleted and replaced as follows: If P'is a negative number quantity, the matenal will be accepted as being in conformity In cases where one or more elements show a positive P value, such positive values will be added, and the resulting sum will be used to determine the total P value If the total P value is between 0 (zero) and 25, the Engineer may require correction or may accept the material at a reduced pnce If P is greater than 25, the Engineer may (1) require complete removal and replacement with specification matenal at no additional cost to Weld County (2) require corrective action to bnng the material into conformity at no additional cost to Weld County, or (3) where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the material in place with an appropnate pace reduction to be based on engineering evaluation but not to be less than that which have occurred had a reduction been made where P=25 If the P for aggregate gradation for items 206, 304, or the gradation of hydrated lime for item 403 is 0 (zero) or greater the reduction will apply to the contract pnce multiplied by the Multipliers (M) listed in Table 105-3 Exhibit A Subsection 105.05, paragraph 3 shall be deleted and replaced with the following: Materials will be sampled randomly and tested by the Department per subsection 106 05 and with the applicable procedures contained in CDOT's Field Materials Manual The approximate maximum quantity represented by each sample will be as set forth in subsection 106 05 Additional samples may be selected and tested as set forth in subsection 106 05 at the Engineer's discretion Subsection 105.05(f)(2), paragraph 1 shall be deleted and replaced with the following. (2) Where the finished product is found to be capable of performing the intended purpose and the value of the finished product is not affected, permit the Contractor to leave the matenal in place If the material is permitted to remain in place, the PF for the process will not be greater than 0 75 The Engineer will be consulted before determining the material will be allowed to remain in place The Engineer will also be consulted to assist in determining an appropriate pay factor Table 105-8, "W" and "V" Factors for Various Elements shall be deleted and replaced with the following: Table 105-8 — "W" and "V" Factors for Various Elements Element V Factor W Factor 2 36 mm (No 8) mesh and larger sieves 2 80 N/A 600 mm (No 30) mesh sieve 1 80 N/A 75 mm (No 200) mess sieve 0 80 N/A Gradation N/A 15 Asphalt Content , 0 20 25 In -place Density 1 10 45 Joint Density 1 60 15 Voids in the Mineral Aggregate 0 60 10 Air Voids 0 60 30 Subsection 105.09 shall be deleted and replaced with the following: 105.09 Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions. These specifications, 'the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all They are intended to be complementary and to describe and provide for a complete work In the event of a discrepancy, the order of precedence is as follows (a) Contract Documents including Exhibits, Addenda, and Appendices Exhibit A (b) Special Provisions 1 Weld County Special Provisions 2 Weld County Conformed Standard Special Revisions to CDOT's Standard Specifications for Road and Bridge Construction (Latest Edition) 3 CDOT Project Special Provisions 4 CDOT Standard Special Provisions 5 CDOT Field Matenals Manual (Latest Edition) (c) CDOT Standard Specifications (d) Plans 1 Detailed Plans 2 Standard Plans 3 Calculated dimensions will govern over scaled dimensions (e) CDOT Construction Manual (Latest Edition) Where the Contract Documents, Project Special Provisions, or the CDOT Specifications contradict one another, the more stringent specification shall apply Notwithstanding the foregoing, in the event of conflicting requirements involving any requirement within the Contract Documents, Project Special Provisions, or the CDOT Specifications, the County shall have the nght to determine, in its sole discretion, which requirement(s) apply The Contractor shall request the County's determination respecting the order of precedence among conflicting provisions promptly upon becoming aware of any such conflict The Contractor shall not take advantage of any apparent error or omission in the Contract Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained in the Contract Documents, the Contractor shall immediately notify the Project Manager in writing for further written explanations as may be necessary and shall conform to the explanation provided The Contractor shall promptly notify the Project Manager of all errors which it may discover in the Contract Documents and shall obtain specific instructions in writing regarding any such error before proceeding with the work affected thereby The Project Manager will make corrections and interpretations as necessary to fulfill the intent of the Contract If the Contract Documents omit or mis-describe any details of any work which is necessary to carry out the intent of the Contract Documents, that are customarily performed under similar circumstances, the Contractor shall not be relieved from Exhibit performing such omitted work or mis-described details of the work, and they shall be performed as if fully and correctly set forth and described in the Contract Documents, without entitlement to a change order except as specifically allowed Subsection 105.10 shall be deleted and replaced with the following: 105.10 Cooperation by Contractor. The Contractor shall give the work the constant attention necessary to facilitate progress and shall cooperate with the Engineer, inspectors, and other contractors The Contractor shall be responsible for providing agendas, attendance lists, and meeting minutes for all meetings including but not limited to weekly progress meetings, pre - construction meetings, pre -pour meetings, pre -pave meetings, pre -environmental meetings, etc Sample meeting agendas are provided in CDOT's Construction Manual The sample meeting agendas shall be modified as necessary to contain project specific information The Contractor shall provide copies of the meeting agendas to the Engineer a minimum of 24 hours before the meeting for review During the meeting, the Contractor shall lead the meeting, take attendance, and take meeting minutes Meeting minutes shall be generated by the Contractor and shall be provided to the Engineer within 72 hours for review and acceptance The Contractor shall have on the project, at all times that work is being performed, a competent Project Manager and a Superintendent capable of reading and understanding the contract documents and experienced in the type of work being performed The Project Manager and Superintendent shall not be the same individual unless approved in writing by the Engineer The Project Manager and Superintendent will receive instructions from the Engineer and shall be authorized to act for the Contractor on the project and to execute orders or directions of the Engineer without delay The Project Manager and Superintendent shall promptly supply, irrespective of the amount of work sublet, materials, equipment, tools, labor, and incidentals to complete the Contract Failure to provide a full-time competent Project Manager and a Supenntendent with the authorization to act for the Contractor on the project shall result in pay reductions as outlined in Section 108 12 being applied Furthermore, failure to provide a full-time competent Project Manager and a Superintendent shall be grounds for suspension of the Project until such time as a full-time competent Project Manager and Superintendent is provided by the Contractor The Engineer shall have the sole discretion of determining when/if to assess the payment deduction The payment deduction shall be documented on a Form 105, Speed Memo Contract time will continue in the event of a work suspension caused by lack of furnishing a full-time competent Project Manager and a Superintendent that is satisfactory to the County. When the County issues a Speed Memo (Form 105), Minor Contract Revision (Form 94), or a Change Modification Order (Form 90), the Contractor shall return a signed version Exhibit A of the form within 10 calendar days Failure to provide the signed form(s) to the Engineer shall result in the assessment of pay reductions as outlined in Subsection 108 12 Subsection 105.11, paragraph 4 shall be deleted and replaced with the following If utility facilities or appurtenances are found that are neither identified in the Contract, nor revealed by site investigation, the Engineer will determine whether adjustment or relocation of the utility is necessary The Engineer will make arrangements with either the utility owner or the Contractor to accomplish necessary adjustments or relocations when not otherwise provided for in the Contract Per subsection 104 02(a)(5, 7, 8, and 9), the discovery of unknown utility facilities or appurtenances shall not be entitled to a Change Order for Diffenng Site Conditions Extra work may be considered for payment per subsection 104 03 only with the wntten approval of the Engineer Consideration for additional contract time will be considered by the Engineer on a case -by -case basis Subsection 105.12, paragraph 1 shall be deleted and replaced with the following: The Contractor shall be responsible for managing all subcontractors, subcontractors of a subcontractor, all subsequent tiers Failure to manage the subcontractors shall result in a stoppage of work and the assessment of liquidated damages in accordance with Section 108 09 of these Specifications, at the discretion of the Engineer Working time shall not cease but shall continue No additional time will be granted for a stoppage of work If the Contractor fails to meet the specified completion date or milestone date, additional liquidated damages will apply Subsection 105.23 shall be amended as follows: Delete all references to CDOT and replace with Weld County End of Section Exhibit A RevisionofSection 106 — Control of Material Section 106 of the Standard Specifications is hereby revised for this project as follows Subsection 106.03, paragraph 3 shall be deleted and replaced with the following' Sampling and testing will be done per the Department's minimum sampling, testing, and 'inspection schedule, the special notice to contractors, and the Colorado procedures, all contained in the CDOT Field Matenals Manual and these specifications Subsection 106.041 shall be added immediately following Subsection 106.04• 106.041 Sampling and Testing of Earthwork. The testing of items associated with earthwork shall conform to the following (a) Process Control Testing Process Control (PC) testing is mandatory for the elements listed in Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, 306 — Reconditioning and Section 603 — Culverts and Sewers of the Specifications The purpose of PC testing is to ensure the Contractor has complied with the Specifications before the Owner Acceptance (OA) testing performed by the County The minimum PC sampling and testing frequencies are outlined in Table 106-1a for Sections 203, 206, and 603 and Table 106-1b for Section 304, and Table 106-1c for Section 306 The Contractor shall utilize the PC testing to ensure the quality of the work Weld County will pay for PC testing in accordance with Subsections 106 15 and 106 16 OA testing is used for acceptance by the County regardless of the PC testing results Failing Owner Acceptance tests shall result in the removal and replacement of the elements to specifications The Engineer, at their sole option, may choose to use PC testing results in the event of a discrepancy (b) Process Control Plan Process control plans (PCP) shall be submitted by the Contractor for approval by the Engineer for the elements listed in Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, and Section 603 — Culverts and Sewers of the Specifications All the above items shall be tested in accordance with the process control and acceptance procedures outlined in the latest version of the CDOT Field Matenals Manual and the applicable Colorado Procedures (CP) contained in the CDOT Field Matenals Manual The PCP shall be submitted to the Engineer for approval before the Pre -Construction Conference The Contractor shall not be allowed to start any work on the project until the Engineer has approved the PCP in writing The PCP shall contain the following items Exhibit A 1 Method Statements — The Contractor shall submit detailed method statements to the Engineer for approval before the Pre -Construction Conference. Method statements for Section 203 — Excavation and Embankment, Section 206 — Excavation and Backfill for Structures, Section 304 — Aggregate Base Course, and Section 603 — Culverts and Sewers shall follow the requirements shown in Subsection 108.03(j). 2. Testing — The Contractor shall provide adequate details in the PCP describing how the PC testing shall be performed. The PCP shall include a sampling frequency as required by the Specifications. When a random sampling frequency is required for the element, the PCP shall indicate how and when the random sampling will occur. The PC tests shall be independent of the acceptance tests unless otherwise allowed by the Engineer. 3. Point of Sampling — The materials for PC testing shall be sampled by the Contractor using the appropriate Colorado Procedures outlined in the CDOT Field Materials Manual. The location where material samples will be taken shall be included in the PCP. Table 106 -lb — Section 304 (Aggregate Base Course) Testing Schedule Minimum Contractor's Testing Testing Process Frequency Control Element Acceptance Minimum Frequency Testing Owner Testing 1 per 500 tons or fraction thereof Gradation 1 thereof per 2,000 tons or fraction 1 per 500 p tons or fraction thereof Atterber 9 Limits 1 thereof per 2, 000 tons or fraction 4. Testing Standards — The PCP shall indicate which testing standards shall be followed. Acceptable standards are Colorado Procedures, AASHTO, and ASTM. The order of precedence is Colorado Procedures, then AASHTO procedures, and then ASTM procedures. Deviations from the applicable procedures shall not occur unless approved by the Engineer in writing. All soils testing performed in the field and in the laboratory shall be performed per the WAQTC manual and the Colorado Procedures using the following procedures. A. AASHTO T 255 - Total Evaporable Moisture Content of Aggregate by Drying B. AASHTO T 265 - Laboratory Determination of Moisture Content of Soils Exhibit A C AASHTO T 310 & CP 80 - In -Place Density and Moisture Content of Soil and Soil -Aggregate by the Nuclear Methods (Shallow Depth), CP 21, CP 31 (Class 1 and ABC) — Gradation D AASHTO T 89 and T90 — Atterberg Limits E AASHTO T 96 — LA Abrasion 5 Testing Supervisor Qualifications — The person in charge of and responsible for the PC sampling and testing shall be identified in the PCP This person qualified according to the requirements of CP 10 (Note this will require a PE or a NICET Level III certification) 6 Technician Qualifications — Technicians taking samples and performing the PC tests shall be WAQTC certified and shall meet the requirements of CP 10 Further qualifications for testing personnel are contained in Section 203, Chapter 200 of the CDOT Field Matenals Manual, CP-10, CP 13, CP 15, and CP 80, and the CDOT Inspector's Checklist 7 Testing Equipment — All testing equipment used to conduct the PC tests shall conform to the standards specified in the test procedures and 'shall be in good working order Equipment calibrations shall be provided to the Engineer upon request 8 Reporting and Record Keeping The Contractor shall report the results of the tests to the Engineer electronically at least once per day Testing which is performed in the field (e g , density, rock corrections, 1 -point verifications, and other field tests) shall be provided on the same day as they are performed Testing which requires laboratory procedures shall be report electronically within 24 hours after the laboratory testing is completed The PC tester shall provide wntten copies of the field test reports to the Engineer and Inspector within the timeframes outlined above The Contractor shall assemble a process control (PC) notebook and update it daily This notebook shall contain all worksheets, test results forms, and test results charts for each of the elements listed in Tables 106-1a, lb, and lc, respectively The Contractor shall submit the PC notebook to the Engineer for review upon request Upon completion of the PC notebook review, the Engineer will notify the Contractor in wnting of any deficiencies in the PC notebook, including the failure to submit the notebook on time or an absence of the required reports The Contractor shall submit, in writing, a report detailing the cause for the absence of required reports The report shall include how the Contractor plans to resolve the failures Additional failures to submit the PC notebook on time or absent the required reports will result in a delay of the pay Exhibit A estimate until the Contractor has identified and resolved the failure along with revising and resubmitting his PCP to address these issues Once the Engineer has reviewed and approved the revised PCP the estimate may be paid The final PC notebook shall be completed within 10 days of the completion of all the earthwork on the project End of Section Exhibit A Revision of Section 107 — Legal Relations and Responsibility Section 107 of the Standard Specifications is hereby revised for the project as follows Subsection 107.06 shall be revised to include the following before subsection 107.06(a): 107.06 Safety, Health, and Sanitation Provisions. The Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Rules and Regulations of the Federal Occupational Safety and Health Act of 1970 (OSHA) and as amended) All facilities and work conditions shall comply with the Colorado and Local Health Department Regulations and with OSHA requirements In subsection 107.16(a), delete references to "CDOT" and replace with "Weld County". The Contractor's attention is directed to this subsection: Subsection 107.26, shall be deleted and replaced with the following' 107.26 Water Quality Control. The requirements of this subsection shall be stnctly enforced The project work shall be performed using practices that minimize water pollution during construction All the practices listed in (b) below shall be followed to minimize the pollution of any State waters, including wetlands (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 defned by the Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) The LOC is typically the same as the construction site boundary or project limits 3 Discharge of Pollutants One or more pollutants leaving the LOC or entenng State waters or other conveyances 4 Limits of Disturbed Area (LDA) Proposed limits of ground disturbance as shown on the Plans Exhibit A 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 integnty of water [25-8-103 (16), CRS] 7 State waters Defined in section 101 8 Owner The party that has overall control of the activities and that has funded the implementation of the construction plans and specifications This is the party with ownership of, a long term lease of, or easements on the property on which the construction activity is occurnng (e g , Weld County) 9 Operator The party that has operational control over day-to-day activities at a project site which are necessary to ensure compliance with the permit This party is authorized to direct individuals at a site to carry out activities required by the CDPS-SCP (Contractor) 10 Construction Activities Associated with Water Quality Per the CDPS-SCP, construction activities are defined as ground surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas (b) Construction Requirements 1 The Contractor shall comply with the "Colorado Water Quality Control Act" (Title 25, article 8, CRS), the "Protection of Fishing Streams" (Title 33, Article 5, CRS), the "Clean Water Act" (33 USC 1344), regulations promulgated, certifications or permits issued, and to the requirements listed below In the event of conflicts between these requirements and water quality control laws, rules, or regulations of other Federal, or State agencies, the more restrictive laws, rules, or regulations shall apply 2 If the Contractor determines construction of the project will result in a change to the permitted activities or LDA, the Contractor shall detail the changes in a written report to the Engineer Within five days after receipt of the report, the Engineer will approve or reject in writing the request for change or detail a course of action including revision of existing permits or obtaining new permits 3 If construction activities result to 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 wntten approval by Exhibit the permitting agency The Contractor is legally required to obtain all permits associated with specific activities within, or off the right of way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities It is the Contractor's responsibility to obtain these permits The Contractor shall consult with the Engineer and contact the Colorado Department of Public Health and Environment (CDPHE-WQCD) or other appropriate federal, state, or local agency to determine the need for any permit 4 The Contractor shall conduct the work in a manner that prevents pollution of any adjacent State waters Erosion control work shall be performed per Section 208, this subsection, and all other applicable parts of the Contract 5 Before the Environmental Pre -construction Conference, the SWMP Administrator, identified in subsection 208 03(c), shall identify and descnbe all potential pollutant sources, including materials and activities, and evaluate them for the potential to contnbute pollutants to stormwater discharges associated with construction activities The list of potential pollutants shall be continuously updated during construction At a minimum, each of the following shall be evaluated for the potential for contributing pollutants to stormwater discharges and identified in the SWMP, if found to have such potential (1) All exposed and stored soils (2) Vehicle tracking of sediments (3) Management of contaminated soils (4) Vehicle and equipment maintenance and fueling (5) Outdoor storage activities (building matenals, fertilizers, chemicals, etc ) (6) Significant dust or particle generating processes (7) Routine maintenance involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc (8) On -site waste management practices (waste piles, dumpsters, etc ) (9) Dedicated asphalt and concrete batch plants (10) Concrete and masonry equipment wash water, including byproducts from the concrete truck chute and associated fixtures and equipment (11) Concrete placement and finishing tool cleaning Exhibit A (12) Non -industrial waste sources that may be significant, such as worker trash and portable toilets (13) Loading and unloading operations (14) Reclaimed and potable water used in construction activities, including water used as a dust palliative (15) Other areas or procedures where spills could occur The SWMP Administrator shall record the location of potential pollutants on the site map Descriptions of the potential pollutants shall be added to the SWMP At or before the Environmental Pre -construction Conference, the Contractor shall submit a Spill Response Plan for any petroleum products, chemicals, solvents, or other hazardous materials in use, or in storage, at the work site See subsection 208 06(c) for Spill Response Plan requirements Work shall not be started until the plan has been submitted to and approved by the Engineer On -site above ground' bulk storage containers with ,a cumulative storage shell capacity greater than 1,320 U'S gallons, or storage containers having a "reasonable expectation of an oil discharge" to State waters, are subject to the Spill Prevention, Control and Countermeasure Plan (SPCC) Rule Oil of any type and in any form is covered, including, but not limited to petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredged spoil EPA Region 8 is responsible for administering and enforcing the SPCC plan requirements in Colorado Before start of work, the Contractor shall submit a SPCC Form which has been approved by the EPA for the project 6 The Contractor shall obtain a Construction Dewatenng (CDW) permit from CDPHE anytime uncontaminated groundwater, including groundwater that is commingled with stormwater or surface water, is encountered dunng construction activities and the groundwater or commingled water needs to be discharged to State waters If contaminated groundwater is encountered, a Remediation permit may be needed from CDPHE per Section 250 7 Water from dewatenng operations shall not be directly discharged into any State waters, unless allowed by a permit Water from dewatenng 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 Exhibit A (3) A copy of this approval is submitted to the Engineer A copy of the Permit shall be submitted to the Engineer before dewatenng operations commencing Construction Dewatenng 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 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 The groundwater discharge does not leave the LOC where construction is occurring iv Land application is conducted at a rate and location that does not allow for any runoff into State waters or other drainage conveyance systems, including but not limited to streets, curb and gutter, inlets, borrow ditches, open channels, etc v Land application is conducted at a rate that does not allow for any ponding of the groundwater on the surface, unless the ponding is a result of implementing control measures that are designed to reduce velocity flow If the control measures used result in ponding, the land application shall be done in an area with a constructed containment, such as an excavation or berm area with no outfall The constructed containment shall prevent the discharge of the ponding water offsite as runoff vi A visible sheen is not evident in the discharge vii Control measures are implemented to prevent any sediment deposited during land application from being transported by stormwater runoff to surface waters or other conveyances viii All control measures used shall be selected, installed, implemented, and maintained according to good engineering, hydrologic, and pollution control practices The selected control Exhibit A 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 dewatenng operations shall be recorded in the SWMP as follows (1) The source is identified in the SWMP and updated by the SWMP Administrator (2) The SWMP descnbes and locates the practices implemented at the site ' to control stormwater pollution from the dewatenng of groundwater or stormwater (3) The SWMP descnbes and locates the practices to be used that will ensure that no groundwater from construction dewatenng 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 dunng the diversion, a CDW Permit is not required If the diverted water enters the construction area and contacts pollutant sources (e g , disturbed soil, concrete washout, etc ), the Contractor shall obtain a CDW permit for the discharge of this water to State waters or to the ground 8 At least 15 days before commencing dredging or fill operations in a watercourse, the Contractor shall provide written notification to owners or operators of domestic or public water supply intakes or diversion facilities if these facilities are within 20 miles downstream from the dredging or fill operations Notification shall also be given to Owners or operators of other intakes or diversions that are located within five miles downstream from the site of the project Identities of downstream owners and operators can be obtained from Colorado Division of Water Resources, Office of the State Engineer 9 Temporary fill into wetlands or streams will not be allowed, except as specified in the Contract and permits If such work is allowed, upon completion of the work all temporary fills shall be removed in their entirety and disposed of in an upland location outside of floodplains unless otherwise specified in the Contract Exhibit A 10 Construction operations in waters of the United States as defined in 33 CFR Part 328 3, including wetlands, shall be restricted to areas and activities authorized by the U S Army Corps of Engineers as shown in the Contract Fording waters will be allowed only as authorized by the U S Army Corps of Engineers 404 Permit 11 Wetland areas outside of the permitted limits of disturbance shall not be used for storage, parking, waste disposal, access, borrow matenal, or any other construction support activity 12 Pollutant byproducts of highway construction, such as concrete, asphalt, solids, sludges, pollutants removed in the course of treatment of wastewater, excavation or excess fill matenal, and matenal 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 matenal from entering State waters and shall not leave the site as surface runoff A minimum of 10 days before the start of the construction activity, the Contractor shall submit in wnting 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 per the manufacturer's recommended application rates, frequency, and instructions 13 All materials stored on -site shall be stored in a neat, orderly manner, in their original containers, with the original manufacturer's label Matenals shall not be stored in a location where they may be carned into State waters at any time 14 Spill prevention and containment measures conforming to subsection 208 06 shall be used at storage, and equipment fueling and servicing areas to prevent the pollution of any State waters, including wetlands All spills shall be cleaned up immediately after discovery or contained until appropriate cleanup methods can be employed Manufacturer's recommended methods for spill cleanup shall be followed, along with proper disposal methods When required by the Colorado Water Quality Control Act, Regulation 5 CCR 1002-61, spills shall be reported to the Engineer and CDPHE in writing 15 The Contractor shall prevent construction activities from causing grass or brush fires 16 The construction activities shall not impair Indian tnbal nghts, including, but not limited to, water rights, and treaty fishing and hunting nghts Exhibit A 17 Before start of work, the Contractor shall certify in writing to the Engineer that construction equipment has been cleaned before initial site arrival Vehicles and equipment shall be free of soil and debris capable of transporting noxious weed seeds or invasive species onto the site Additional equipment required for construction shall also be certified before being brought onto the project site 18 Vehicles which have been certified by the Contractor as having been cleaned before arrival on site may be cleaned on site at an approved area where wash water can be properly contained Vehicles leaving and reentering the project site shall be recertified 19 At the end of each day, the Contractor shall collect all trash and dispose of it in appropnate containers 20 Construction waste that is considered a pollutant or contaminant shall be collected and disposed of in appropnate containers This material may be stockpiled on the project when it is contained or protected by an appropriate control measure 21 If the project area is covered by a CDPS-SCP, permittees are authonzed to discharge stormwater associated with construction activity and specified non- stormwater associated with construction activity to State waters A Allowable Stormwater Discharges (1) Stormwater discharges associated with construction activity (2) Stormwater discharges associated with producing earthen materials, such as soils, sand, and gravel dedicated to providing matenal to a single contiguous site, or within '/ mile of a construction site 0 e , borrow or fill areas) (3) Stormwater discharges associated with dedicated asphalt, concrete batch plants and masonry mixing stations (Coverage under the CDPS-SCP is not required if alternative coverage has been obtained ) B Allowable Non-Stormwater Discharges if identified in the SWMP with appropriate control measures (1) Discharges from uncontaminated spnngs that do not originate from an area of land disturbance (2) Discharges to the ground of concrete and masonry washout water associated with the washing of concrete and masonry tools and concrete mixer chutes Discharges of concrete and masonry Exhibit A washout water shall not leave the site as surface runoff or reach receiving waters (3) Discharges of landscape irngation return flow (4) Discharges to the ground of water used to wash vehicles, equipment, and external buildings Wash waters with added soaps, solvents, and detergents shall be contained and disposed of properly (5) Discharges resulting from emergency firefighting activities Discharges authonzed by the CDPS-SCP shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any applicable water quality standard, including narrative standards for water quality All construction site wastes shall be properly managed to prevent potential pollution of State waters The CDPS-SCP does not authorize on -site waste disposal 22 The Contractor shall reclaim pollutants that discharge outside of the LOC If discharging outside CDOT ROW, the Contractor shall coordinate access with the Project Engineer (c) Stormwater Construction Permit If the area of disturbance is greater than one acre, the Colorado Discharge Permit System Stormwater Construction Permit (CDPS- SCP) shall be obtained by the Contractor The Contractor and Weld County will be co-permittees The Contractor shall coordinate with Weld County to become the Operator permittee of the respective CDPS-SCP upon award of the Contract The Contractor shall provide a copy of the CDPS-SCP certification as the Operator to the Engineer before or at the Environmental Pre -construction Conference No work shall begin until the CDPS-SCP permit with Owner and Operator has been approved by CDPHE A copy of the CDPS-SCP shall be placed in the project SWMP The Contractor shall be responsible for complying with the applicable requirements of the CDPS-SCP After the Contractor has completed the construction but before the final acceptance is issued by the County, arrangements shall be made to transfer the permit from the Contractor to the County Before the transfer of the permit to the County, the Contractor shall ensure that the SWMP is complete and up to date CDPHE-WQCD may require sampling and testing, on a case -by case basis If CDPHE-WQCD requires sampling and testing, the CDPHE-WQCD will send a notification to the permittee Reporting procedures for any monitoring data collected will be included in the CDPHE-WQCD's notification If monitonng is required, the following applies Exhibit A 1 The thirty (30) day average must be determined by the arithmetic mean of all samples collected during a 30 day consecutive period, and 2 A grab sample, for monitoring requirements, is a single "dip and take" sample The Contractor shall provide a SWMP Administrator for this project The Contractor is legally required to obtain all other permits associated with specific activities within or outside of the nght of way, such as borrow pits, concrete or asphalt plant sites, waste disposal sites, or other facilities Staging areas within a quarter mile, but not within Weld County right of way shall be considered a common plan of development and permits for these facilities require permitting in the Contractor's name as Owner and Operator These permits include local agency, federal, or other stormwater permits The Contractor shall consult with the Engineer and contact the CDPHE-WQCD or other appropriate federal, state, or local agency to determine the need for any permit When a Utility Company has obtained a CDPS-SCP within a Weld County project area, before the Contractor being on -site, the Contractor shall coordinate with the Engineer and the Utility Company to transfer or reassign the permit area within the project's Limits of Construction to the Contractor and Weld County before work commencing , The Contractor shall not commence construction until CDPHE-WQCD issues a new CDPS-SCP identifying the Contractor as the Operator, and the permit is put in the SWMP To initiate acceptance of the stormwater construction work (including seeding and planting required for erosion control), the Contractor shall request in writing a Stormwater Completion Walkthrough The Engineer will set up the walkthrough It will include the Engineer or designated representative, Superintendent or designated representative, and Stormwater Management Plan (SWMP) Administrator Unsatisfactory and incomplete stormwater and sediment/erosion control work will be identified in this walkthrough and will be summanzed by the Engineer in a punch list The completed action items associated with the corrective work will be shown as completed on the punch list Upon completion of all items shown, the Contractor shall notify the Engineer Upon wntten agreement that the punch list is completed from the Engineer, the Contractor shall submit the appropnate form to the CDPHE- WQCD such that Weld County becomes the Operator permittee of the CDPS-SCP Until the transfer of the CDPS-SCP has been approved by the CDPHE-WQCD, the Contractor shall continue to adhere to all CDPS-SCP requirements Requirements shall include erosion control inspections, control measure installation, control measure maintenance, control measure repair including seeded areas, and temporary control measure removal All documentation shall be submitted to the Engineer and placed in the SWMP Exhibit A All costs associated with the Contractor applying for, holding, and transfernng the CDPS-SCP permit between parties will not be measured and paid for separately, but shall be included in the work per subsection 107 02 (d) Measurement' and Payment 1 All the work listed in (b) above, including but not limited to dewatenng, erosion control for dewatenng, and disposal of water resulting from dewatenng operations, including all costs for CDPHE-WQCD concurrences and permits, will not be measured and paid for separately, but shall be included in the work 2 The Contractor shall be liable for any penalty (including monetary fines) applied to the Department caused by the Contractor's noncompliance with any water quality permit or certification Monetary fines shall be deducted from any money due to the Contractor If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess If monetary fines or penalties are applied to the Department while under stewardship of the Contractor but the exact amount is not known, the project retainage will be held by Weld County until the fines or penalties are resolved If the monetary fine is in excess of all the money due to the Contractor, then the Contractor shall pay to the Department the amount of such excess 3 The Contractor will not receive additional compensation, or time extensions, for any disruption of work or loss of time caused by any actions brought against the Contractor for failure to comply with good Engineenng, hydrologic and pollution control practices 4 If a spill occurs as a direct result of the Contractor's actions or negligence, the cleanup of such spill shall be performed by the Contractor at the Contractor's expense 5 Areas exposed to erosion by fire resulting from the Contractor's operations shall be stabilized per Section 208 by the Contractor and at the Contractor's expense End of Section Exhibit A Revision of Section 108 — Prosecution and Progress Section 108 of the Standard Specifications is hereby revised for this project as follows Subsection 108.01 shall be deleted and replaced with the following: 108.01 Subletting of Contract. The Contractor shall not sublet, sell, transfer, assign, or dispose of the Contract or Contracts, or any portion thereof without wntten permission of the Engineer Before beginning any work by the subcontractor, the Contractor shall request permission from the Engineer by submitting a completed Sublet Permit Application, CDOT Form No 205 via the B2GNow software system The subcontracted work shall not begin until the Contractor has received the Engineer's written permission The Contractor shall make all project -related written subcontracts, agreements, and purchase orders available to the Engineer for viewing, upon request, and at a location convenient to the Engineer When the project does not have CDOT funding, the B2GNow software system will not be used and the Contractor shall submit a hardcopy of the CDOT Form No 205 to the Engineer for review and acceptance The Contractor will be permitted to sublet a portion of the Contract However, the Contractor's organization shall perform work amounting to 30 percent or more of the total onginal contract amount Any items designated in the Contract as "specialty items" may be performed by subcontract The cost of "specialty items" so performed by subcontract may be deducted from the total original contract amount before computing the amount of work required to be performed by the Contractor's own organization The original contract amount includes the cost of material and manufactured products which are to be purchased or produced by the Contractor and the actual agreement amounts between the Contractor and a subcontractor The proportional value of a subcontracted partial contract item will be verified by the Engineer When a firm both sells material to a prime contractor and performs the work of incorporating the materials into the project, these two phases shall be considered to combination and as constituting a single subcontract The calculation of the percentage of subcontracted work shall be based on subcontract unit pnces Subcontracts or transfer of Contract shall not release the Contractor of liability under the Contract and Bond Failure to comply with all contractual obligations may lead to the suspension, debarment, or both of the subcontractor, and if necessary, the Contractor as stipulated in the "Rules" When the project has CDOT funding, all firms to which the contractor will be subletting a portion of the contract shall have an account created in the B2GNow software system If the firm does not have an account created approval of the form 205 may be withheld When the project has CDOT Funding, Form FHWA 1273 titled Required Contract Provisions Federal -Aid Construction Contracts shall be attached to all subcontracts As Exhibit A described in Section I. General, the provisions of Form FHWA 1273 apply to all work performed under the Contract and are to be included in all subcontracts with the following modification: 1. The Contractor and all subcontractors who are subject to Davis -Bacon Related Acts (DBRA) requirements, shall submit all payrolls and Contractor Fringe Benefit Statements electronically via LCPTracker, utilizing the following web link: https://prod.lcptracker. net/WebForms/login. aspx 2. The Contractor and subcontractors shall submit a Contractor Fringe Benefit Statement, either for each individual, or for groups of people, for all employees who perform work on the project and whose wages are covered by the Davis -Bacon Related Acts. Other approved deductions shall be noted within the LCPTracker system and supporting documentation shall be attached. If for any reason the fringe benefits are altered during the life of the contract, the Contractor, subcontractor, or both shall submit a revised Contractor Fringe Benefit Statement to accurately reflect the changes. 3. Each construction subcontractor shall submit their payrolls directly into LCPTracker for approval by the Contractor. In the event that the Contractor or the sub -contractors do not submit properly completed payrolls to LCPTracker, Weld County shall withhold any pay applications until all payrolls have been properly submitted and accepted. 4. The Contractor shall submit and approve their own payrolls in LCPTracker. The Contractor is responsible for ensuring all of the subcontractors submit and approve their own payrolls in LCPTracker. The Contractor shall be responsible for providing all technical support to all of the subcontractors. In the event, the Contractor cannot provide the technical support to all subcontractors, the Contractor shall coordinate directly with LCPTracker for the required technical support. Weld County will not provide technical support to the Contractor or subcontractors. 5. The Engineer will approve or reject weekly payrolls for the Contractor. Subsection 108.02 shall be deleted and replaced with the following: 108.02 Notice to Proceed. The Contractor shall not commence work before the issuance of a Notice to Proceed. The Notice to Proceed will stipulate the date on which contract time commences. When the Contractor proceeds with work before that date, contract time will commence on the date work actually begins. The Contractor shall commence work under the Contract on or before the 10th day following the issuance of the Notice to Proceed. Subsection 108.03(b), paragraph 1 shall be deleted and replaced with the following: Exhibit A The Contractor shall use Microsoft Project Scheduling software to develop and manage a CPM Project Schedule to plan, schedule, and report the progress of the work Before, or at the Pre -construction Conference, the Contractor shall notify the Engineer in wnting, which scheduling software the Contractor shall use to manage the project The Contractor's selection and use of particular scheduling software cannot be changed after the first schedule submittal If the Contractor selects Pnmavera, the Contractor shall calculate the schedule using the Retained Logic scheduling option Subsection 108.03(b), paragraph 2 shall be deleted and replaced with the following: The Contractor shall submit schedules for approval by the Engineer The Contractor's schedule shall be an accurate plan to complete the work so that the Department can use the schedule to evaluate progress, schedule Weld County resources, inform the project stakeholders, and evaluate the effect of changes to the schedule A schedule review meeting shall be held to discuss each schedule submittal The Initial Schedule shall be submitted at least 10 working days before the start of the work Work shall not begin until the Schedule is accepted in writing, unless otherwise approved by the Engineer Subsection 108.03(d) shall be deleted and replaced with the following: (d) (unused) Subsection 108.03(e) shall be deleted and replaced with the following: (e) Baseline Schedule Within 14 days of Award of the Contract, the Contractor shall submit a Baseline Schedule showing all planned activities from the Notice to Proceed through the end of the project The Contractor shall use all information known by the Contractor at the time of submittal to develop the Baseline Schedule The Baseline Schedule shall not show any progress and shall be approved in writing by the Engineer prior to the start of any work commencing When approved by the Engineer, the Baseline Schedule shall become the Project Schedule Subsection 108.03(j) shall be added immediately following Subsection 108.03(i) and shall include the following' (I) Method Statements A Method Statement shall be prepared for the controlling activities in the CPM, salient features listed in the Commencement and Completion of Work special provision, or as directed by the Engineer The Method Statement shall include any additional activity or feature that the Engineer considers to be a controlling factor for timely completion The Method Statement shall be a detailed narrative describing each activity or feature and all work necessary to complete it The Contractor shall include the following information in the Methods Statement (1) Feature name, (2) Who is responsibility for the feature work (Contractor, subcontractor, supplier, Exhibit A (5) (6) (7) utility, etc ), (3) Detailed description of the planned work procedures The procedures to be used shall include information such as forming, excavation, pouring, heating and curing, backfill and embankment, trenching, protecting the work, etc When separate or different procedures are to be employed due to seasonal or project phasing requirements, such differing procedures shall be described in the statement, (4) The planned quantity of work per day for each feature using the same units of measure as the applicable pay item, The anticipated labor force required by labor type, The number, types, and capacities of equipment planned for the work, and The planned time for the work including the number of workdays per week, number of shifts per day, and the number of hours per shift At the Engineer's discretion, the Contractor shall update the Method Statement or any part thereof and resubmit it to the Engineer for review and approval Subsection 108.04, paragraph 1 shall be deleted and replaced with the following' 108.04 Payment Schedule. The Contractor shall prepare a payment schedule which shall show the dollar amount of work the Contractor expects to complete, including Force Accounts, retainage and expected incentive payments, by the progress estimate date each month for the duration of construction The payment schedule shall be signed by the Contractor's authonzed agent The payment schedule shall show the dollar amount of work the Contractor expects to complete for every month on the Contract from commencement of work to Project Acceptance The fiscal year (January 1 to December 31) totals shall also be shown on the payment schedule The payment schedule may be prepared using standard spreadsheet software such as MS Excel and submitted in electronic format Subsection 108.04(b), paragraph 2 shall be deleted and replaced with the following: If the update has any Weld County Fiscal Year (January 1 to December 31) payment in excess of the encumbrance amount, the Department may, in its sole discretion, approve the update If the Department does not approve the update the Contractor shall either revise the payment schedule or proceed at his own nsk The nsk is either not being paid in a timely manner, or not being paid at all for any amounts over the encumbrance amount If the Contractor proceeds at his own risk, then payment for the at-nsk work will be dependent upon ratification of this work by the Weld County Controller Subsection 108.08, paragraph 2 shall be deleted and replaced with the following Exhibit A The Contractor may work between sunnse and '/z hour before sunset, Monday through Fnday excluding holidays, without wntten consent from the Engineer If the Contractor wishes to work outside of these hours of operation, they may request to do so by providing the Engineer with a wntten request outlining the reasons for the request The Engineer is under no obligation to approve hours of operation outside of the hours listed above The Contractor shall not carry on construction operations on Saturdays, Sundays, or holidays unless previously arranged and approved by the Project Manager and Inspector Supervisor The Contractor shall not perform construction operations on any three or four - day holiday weekend without prior wntten approval Requests for weekend construction operations shall be presented in writing to the Engineer and Inspector Supervisor no later than Wednesday at 5 p m before the weekend in which the work will be performed Wntten requests received after the deadline will be reviewed on a case by case basis The Engineer and Inspector Supervisor are not required to provide wntten approval for weekend inspectable construction operations requests In the event, the weekend construction operations involve inspectable work (operations requiring a construction inspector), the Contractor shall provide a credit on the next pay application to the County The amount credited shall be $400 00 for the first four hours (four hour minimum) and $100 00 per hour per day thereafter for each Inspector or Engineer required to perform inspections on the inspectable work Construction operations shall stop at 5 p m the day before the start of the holiday weekend Construction operations may resume after the holiday weekend has passed The Contractor shall only make emergency repairs and provide proper protection of the work and the traveling public on the holiday weekend days Subsection 108.08(a)(2) shall be deleted and replaced with the following: (2) Calendar Day Contract When the work is on a calendar day basis, one calendar day of contract time will be assessed for each calendar day from the date that Contract time starts including Saturdays, Sundays, and holidays Calendar Day Contracts have been adjusted before bid advertisement to account for no work on Saturdays, Sundays, and holidays by increasing the calendar days by the appropnate number of days As stated in subsection 108 08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless pnor written approval has been granted by the Engineer No weather days or less than full time charges days will be granted in this contract Subsection 108.08(b) shall be deleted and replaced with the following. (b) Completion Date Contract When the Contract specifies a completion date, all work under the Contract shall be completed on or before the date specified Completion Date Contracts have been adjusted before bid advertisement to account for Exhibit A Saturdays, Sundays, and holidays by adjusting the completion date by the appropriate number of days As stated in subsection 108 08, no inspectable construction operations shall occur on Saturdays, Sundays, and holidays unless prior written approval has been granted by the Engineer No extension of the completion date will be allowed for inclement weather, foreseeable causes, or conditions under the control of the Contractor If all work under the Contract is not completed on or before the specified completion date, contract time will be assessed for each additional calendar day per with subsection 108 8(a)(2) and liquidated damages will be assessed to the Contractor per day, per Table108-2 until the completion of the project Subsection 108.09 shall be deleted and replaced with the following. 1108.09 Failure to Complete Work on Time. A daily charge will be made against the Contractor for each calendar day, including free time, that any work remains uncompleted after the elapse of contract time This daily charge will be deducted from any money due the Contractor This deduction will not be considered a penalty, but as liquidated damages Upon issuance of the Notice of Final Acceptance, the Contractor shall submit all required paperwork required to close out the project within 20 days, Failure to provide the required paperwork will result in the assessment of liquidated damages as outlined in Table 108- 2 The schedule of liquidated damages set forth below is an amount, agreed to by the Contractor and the Department, as reasonably representing additional construction engineering costs incurred by the Department if the Contractor fails to complete performance within the contract time Due account shall be taken of any adjustment of the contract time for completion of the work granted under the provisions of subsection 108 08 Permitting the Contractor to continue and finish the work or any part thereof after elapse of contract time will not operate as a waiver on the part of the Department of any of its rights under the Contract Deductions assessed as liquidated damages under this subsection shall not relieve the Contractor from liability for any damages or costs resulting from delays to other contractors on the project or other projects caused by a failure of the assessed Contractor to complete the work according to contract times Exhibit A Table 108-2 — Liquidated Damages Based on Original Contract Amount From More Than To and Including Liquidated Damages per Calendar Day ($) 0 1,000,000 1,400 1,000,000 2,000,000 2,500 2,000,000 6,000,000 4,500 6,000,000 9,000,000 8,000 9,000,000 15, 000,000 8,800 15,000,000 __�_____-- 12,500 plus 1,400 Per Each Additional 1,000,000 Contract Amount or Part Thereof Over 15,000,000 Subsection 108.12 shall be added with the following: 108.12. Pay Reductions. A pay reduction will be made against the Contractor for each calendar day, including free time, that the Contractor is out of compliance with the Specifications This daily charge will be deducted from any money due to the Contractor The pay reduction amounts are generally defined in the applicable sections of the Specifications Where pay reductions are not defined in the specifications, the pay reduction amount shall follow Table 108-2 of these specifications End of Section Exhibit A Revision of Section 109 — Measurement and Payment Section 109 of the Standard Specifications is hereby revised for the project as follows: Subsection 109.01 shall be deleted and replaced with the following: 109.01 Measurement of Quantities. All work completed under the Contract will be measured by the Engineer according to United States standard measure (English units). A station when used as a definition or term of measurement will be 100 linear feet. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the Contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and deductions will not be made for individual structures having an area of 9 square feet or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or as ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Items which are measured by linear foot, such as pipe culverts, guardrail, underdrains, etc., will be measured parallel to the base or foundation upon which the structures are placed, unless otherwise shown on the plans. In computing volumes of excavation and embankment, the average end area method or the method incorporated into the Department's computer earthwork program will be used. The term "gauge," when used in connection with the measurement of plates, will mean the U.S. Standard Gage. When the term "gauge" refers to the measurement of wire, it will mean the wire gage specified in ASTM A510. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois. Materials measured or proportioned by weight shall be weighed on accurate scales. Scales shall be accurate within the allowable tolerances as prescribed by State law. The scales shall be tested for accuracy by the Colorado Department of Agriculture or an approved Colorado Department of Agriculture vendor (https://www.colorado.gov/pacific/aqinspection/scale-companies ) at least once each year, each time the scales are relocated, and as often as the Engineer may deem Exhibit A necessary Scales shall be furnished by the Contractor, or the Contractor may utilize commercial scales Scales shall be operated according to the Colorado Department of Agnculture's regulations Weighers, scales, scale tickets, scale house, and venfication of the scales' accuracy will not be measured and paid for separately but shall be included in the work The Contractor may use either certified hopper scales or certified platform scales When platform scales are used to weigh vehicles carrying material paid for by weight, a certified weigher shall weigh each vehicle Hopper scales used to directly measure material paid for by weight shall be operated by certified weighers and provide an accurate net weight The operator of each vehicle carrying matenal measured and paid for by weight shall obtain a scale ticket (certificate of correct weight) from the certified weigher and deliver the ticket to the Engineer at the point of delivery of the material The scale ticket shall include the following information (1) Project Number (2) Date (3) Ticket Number (4) Haul Unit Number (5) Form 43 Number and Mix Type (HMA and SMA Only) (6) Plant Location (7) Gross Weight (8) Tare Weight (9) Net Weight (10) Matenal Type (11) Certified Weigher's Name Vehicles used to haul matenal being paid for by weight shall bear a plainly legible identification mark Each of these vehicles shall be weighed empty daily at times directed by the Engineer The Contractor shall furnish to the Engineer, in writing, a vehicle Exhibit A identification sheet that lists the following for each delivery vehicle to be used on the project (1) Identification mark (2) Vehicle length (3) Tare weight (4) Number of axles (5) The distance between extreme axles (6) Information related to legal weight, including the Permit Number and permitted weight of each vehicle for which the State has issued an overweight permit This information shall be furnished before time of delivery of the material and at any subsequent time the Contractor changes vehicles, combination vehicles, axle length relationships, or overweight permitting of vehicles All materials (304 - Class 6 Base Course, 403 HMA, etc ) delivered to the project site that have been weighed by a certified scale, shall be issued tickets by the source certified weigh master These tickets will be collected and compiled by a representative of the Contractor at the project's placement site Tickets will be made available for inspection dunng placement to the Engineer or Inspector at all times The Contractor will submit, in an envelope, within 48 hours of material placement, the following (1) Truck Tare List (2) Onginal Scale Tickets (3) Weld County Matenals Quantity Reconciliation Sheet, signed by Contractor's representative Material quantity discrepancies, such as waste or rejected loads will be tracked on the reconciliation sheet submitted by the Contractor Contractor will be made aware of any discrepancy immediately by the inspector Ticket package will be submitted to the inspector or engineer within 48 hours of placement For material quantity submittals beyond these 48 hours, a pnce reduction on the material in question will occur as follows ® less than 24 hours = 2% • 25 - 48 hours = 5% • 48 hours to 72 hours = 25% ® Greater than 72 hours = 100% Exhibit A Weighers using hopper scales solely for hatching matenals not measured and paid for by weight need not be certified The Engineer will randomly venfy the accuracy of the certified weigher on every project where the weights are manually entered on the scale ticket This verification will consist of at least one companson check on the project Additional verification checks may be required as determined by the Engineer The Engineer will randomly select a loaded truck after the truck has been issued a scale ticket by the certified weigher The loaded truck will then be reweighed, in the presence of the Engineer, on the same scale and the weight compared with the weight on the scale ticket Reweighed loads shall be within the tolerance of 200 pounds plus or minus The Engineer will also verify the accuracy of computerized scales Computenzed scales are scales that automatically pnnt weights on the scale ticket This venfication will consist of at least one comparison check when the project requires more than 2,500 tons of matenal to be weighed This companson check shall be made by reweighing 'a loaded vehicle The Contractor shall either provide a second certified scale or select a second certified scale in the vicinity to be used for the comparison check Comparison checks shall be performed using the following procedures (1) Hopper Scale A loaded truck will be randomly selected by the Engineer The loaded truck shall be weighed on a certified platform scale to record the gross weight The truck shall be unloaded and weighed again on the same scale to record the tare weight The tare weight shall be subtracted from the gross weight and compared against the net weight recorded on the scale ticket (2) Platform Scales The Engineer will randomly select a loaded truck The loaded truck shall be reweighed on a second certified scale and the gross weight shall be compared against the gross weight on the first scale ticket Should a companson check reveal a weight difference of more than one percent, a second comparison check shall be performed immediately If the weight differences of both comparison checks exceed the one percent limit, the Contractor shall immediately stop weighing and the scale shall be recertified and resealed at the Contractor's expense The necessary adjustments as indicated by the recertification will be made to all scale tickets issued since the last certification or on the entire project, whichever occurred later, unless the Contractor demonstrates to the satisfaction of the Engineer that the defect in the scale was present for a lesser penod of time If it is necessary to recertify a scale, and more than 2,500 tons of material remain to be weighed, another scale comparison check shall be made All companson checks shall be made at the Contractor's expense Exhibit A Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured at the point of delivery Vehicles for this purpose may be of any size or type, provided the body is shaped so the actual contents may be readily and accurately determined All vehicles shall be loaded to their water level capacity and all loads shall be leveled when the vehicles arnve at the point of delivery Water used in the work will be measured by the M Gallon or 1,000 U S Gallons The weight of inherent moisture in the matenal will not be deducted Water added for the Contractor's convenience will not be paid for Water may be measured by either volume or weight Water meters shall be accurate within a range of plus or minus 3 percent When water is metered, the Contractor shall use an approved metenng device and shall furnish the Engineer a certificate showing the meter has been accurately calibrated within the time allowed in the following schedule • 2 inch meter has to be recalibrated at a minimum of every 4 years • 4 inch to 6 inch meter has to be recalibrated at a minimum of every 2 years • 8 inch to 10 inch meter has to be recalibrated at a minimum of every 1 year Water meters shall be calibrated when the Engineer determines there is reason to believe the meters are not accurate within the allowable tolerance If water meter accuracy is found acceptable, the cost involved in checking the water meter shall be at the Department's expense If the water meter accuracy is found unsatisfactory, the cost involved in checking the water meter shall be at the Contractor's expense For those materials specified to be measured by the cubic yard, an acceptable method of computing volumes of excavation is to determine a weight to volume factor and convert weight to volumes by means of the factor Colorado Procedure 80 as descnbed in the CDOT Field Materials Manual shall determine the weight to volume factor The number of tests used to determine the matenal weight to volume factor will be determined by the Engineer The locations where the tests are taken shall be at those locations specified in the "Method of Measurement" for the particular bid item, i e , Unclassified Excavation - in its original position Embankment Material - in its final compacted position, etc Asphalt materials will be measured by the gallon or ton Volumes will be measured at 60°F or will be corrected to the volume at 60°F using ASTM D1250 for asphalts or ASTM D633 for tars Net certified scale weight or weight based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when asphalt material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work When asphalt materials are shipped by truck or transport, net certified weight or volume subject to correction for loss or foaming will be used for computing quantities Cement will be measured by the ton Exhibit A Timber will be measured by the number of thousand feet board measure or MFBM actually incorporated in the structure Measurement will be based on nominal commercial widths and thicknesses The term "lump sum" when used as an item of payment will mean complete payment for the work descnbed in the Contract When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will include all necessary fittings and accessories Rental of equipment will be measured in hours of actual working time and necessary traveling time of the equipment within the limits of the project If special equipment has been ordered by the Engineer in connection with force account work, travel time and transportation to the project will be measured If equipment has been ordered held on the job on a standby basis by the Engineer, and is not otherwise utilized by the Contractor, standby rental rates for the equipment will be paid at the rates specified in subsection 109 04 When standard manufactured items are specified such as fence, wire, plates, rolled shapes, and pipe conduit, and these items are identified by gage, unit weight, and section dimensions, the identification will be considered to be nominal weight or dimensions Unless more stnngently controlled by tolerances in cited specifications, manufactunng tolerances established by the industries involved will be accepted The following work will not be measured and paid for separately but shall be included in applicable unit pnces for which the work is required The list below is not all-inclusive and there may be other items which are considered incidental to the project (1) Earthwork requiring more than one handling (2) New matenals Of required) for resetting fences (3) Fine grading (4) Soil conditioner unless otherwise identified in the Contract (5) Fertilizer unless otherwise identified in the Contract (6) Staging areas (7) Additional temporary construction easements if desired by the Contractor (8) Coordination with utility companies (9) All water Exhibit Subsection 109.06(a), Paragraph 1 shall be deleted and replaced with the following. (a) Standard Amount Retained The Department will make a deduction from the progress estimate in the amount considered necessary to protect the interests of the County, pursuant to Section 24-91-103, CRS The amount retained will be 5°/0 of the value of the completed work, to a maximum of 5% of the contract amount No retainage shall be released before Final Acceptance No retainage shall be released if there are CDPHE fines for stormwater items while under the stewardship of the Contractor until the fines are resolved No further amount will be retained if the Contractor makes satisfactory progress in the contract work The amount retained will be in effect until such time as final payment is made, with the following exception which requires the Contractor's written request and consent of the Surety Upon completion and acceptance of the project, after the project quantities are finalized, and the Contractor has submitted the necessary forms, the Engineer may make reduction in the amount retained Subsection 109.06(e) shall be deleted and replaced with the following: (e) Prompt Payment The Contractor shall pay subcontractors and suppliers for all work that has been satisfactorily completed within seven calendar days after receiving payment for work from the Department For the purpose of this section only, work shall be considered satisfactorily complete when the°Department has made payment for the work The Contractor's subcontracts shall include a prompt payment provision, requiring prompt payment for all subcontractors and suppliers The Contractor shall ensure that all subcontractors and suppliers at every tier are promptly paid If the Contractor or its subcontractors fail to comply with this provision, the Engineer will not authorize further progress payment for work performed directly by the Contractor or the noncompliant subcontractor/supplier until making the required payments and providing the reporting documentation required in subsection 109 06(h) Subsection 109.06(f)(5) shall be deleted and replaced with the following' 5 In determining whether satisfactory completion has been achieved, the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and the Department or by law such as affidavits of wages paid, material acceptance certifications and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work Subsection 109.06(f)(8) shall be deleted and replaced with the following: Exhibit A 8 - If additional quantities of a particular item of work are required at a later date after final measurement has been made, the Contractor shall perform this work per Contract requirements and at unit bid prices For this subsection only, satisfactory completion ,of all work described on CDOT Form No 205 is when all tasks called for in the subcontract as amended by changes directed by the Engineer have been accomplished and documented as required by the Department The requirements stated above do not apply to retainage withheld by the Department from monies earned by the Contractor The Department will continue to process the release of that retainage based upon the completion date of the project as defined in the Commencement and Completion of Work special provision Subsection 109.06(g) shall be deleted and replaced with the following: (g) Good Cause Exception If the Contractor has "good cause" to delay or withhold a subcontractor's progress payment, the Contractor shall notify the Department and the subcontractor in writing within seven calendar days after receiving payment from the Department The notification shall specify the amount being withheld and provide adequate justification for withholding the payment The notice shall also clearly state what conditions the subcontractor must meet to receive payment "Good cause" shall include but not be limited to the failure of the subcontractor to make timely submission of required paperwork Subsection 109.06(h) shall be deleted and replaced with the following' (h) Monthly Reporting The flow chart below provides information regarding the process for prompt payment on both non-CDOT and CDOT funded projects (1)_ For Weld County Projects not funded by CDOT, the Contractor shall submit the Form 1418, Monthly Payment Report, along with the project schedule updates, per subsections 108 03(b) or 108 03(c)(3) Failure to submit a complete and accurate Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage to the Contractor If the Contractor has good cause for delay as descnbed in subsection 109 06(g), the Contractor shall include the justification in its monthly report The subcontractor or supplier shall have fifteen (15) days from the receipt of the Contractor's payment to confirm payment or report an issue on a Form 1418 If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed This provision should not be construed to limit the subcontractor's or supplier's contractual remedies Failure to submit complete and accurate data on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor Exhibit A If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payments to its lower tier subcontractors or suppliers within seven (7) days of receiving the Contractor's payment on a Form 1418 The lower tier subcontractors or suppliers shall have fifteen (15) days from the receipt of the subcontractor's or supplier's payment to confirm payment or report an issue on a Form 1418 If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the lower tier subcontractor or supplier waives Weld County's assistance in resolving the prompt payment issue and the monthly audit will be closed This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies Failure to submit complete and accurate data on the Form 1418 shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor (2) For Weld County projects with CDOT funding, the Contractor shall record all payments to subcontractors and suppliers by completing an audit in the B2GNow System within fifteen (15) days of paying the subcontractors or suppliers If the Contractor has good cause for delay as described in subsection 109 06(g), the Contractor shall include the justification in its monthly audit Once the Contractor enters a payment to a subcontractor or supplier, the subcontractor or supplier will receive a ;notice, to confirm payment The subcontractor or supplier shall notify the Contractor and the Engineer in writing if there is an issue with the prompt payment The subcontractor or supplier shall have fifteen (15) days from the notice to confirm payment or report an issue If the subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed This provision should not be construed to limit the lower tier subcontractor's or supplier's contractual remedies Failure to submit complete and accurate data in the B2GNow System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor If a subcontractor or supplier is also a payor, the subcontractor or supplier shall also report all prompt payment to its lower tier subcontractors and suppliers within seven (7) days of receiving the Contractor's payment The lower tier subcontractor or supplier shall notify the Contractor, subcontractor/supplier, and Weld County in writing if there is an issue with prompt payment If the lower tier subcontractor or supplier does not report a prompt payment issue within fifteen (15) days from the Contractor's monthly reporting, the subcontractor waives Weld County's and CDOT's assistance in resolving the prompt payment issue and the monthly audit will be closed This provision should not be construed to limit the lower tier subcontractor's or contractor's contractual remedies Failure to submit complete and accurate data in the B2GNow Exhibit A System shall be grounds for Weld County to withhold subsequent payments or retainage from the Contractor In Subsection 109.07(2), delete references to "State owned property" and replace with "County owned property" In Subsection 109.07(2), delete references to "C®OT" and replace with "County". End of Section Exhibit A Revision of Section 203 — Excavation and Embankment Section 203 of the Standard Specifications is hereby revised for this project as follows Subsection 203.01 shall be revised to include the following Trucking Material Hauling will consist of processed or unprocessed gravel, pit run, overburden or dirt, to be hauled from county pits and stockpiled at other county pits or facilities Contractor will be required to provide necessary equipment to load trucks and stockpile up to 100,000 tons of material per location as directed by the project manager Stockpile locations and limits will be defined by project manager prior to any material being relocated Truck and trader combinations shall be minimum of five (5) axles, with a minimum 20 cubic yard capacity and capable of legally hauling not less than a 28 -ton payload Any loaded trucks leaving a loading site while working for Weld County, must be tarped Cost of all maintenance, repairs, fuel, insurance, and labor to operate the trucks shall be borne by the contractor. Subsection 203.12 shall be revised to include the following Pay Item Pay Unit Trucking Material Hokestra to LJM EA Trucking Matenal Hour END OF SECTION Exhibit A Revision of Section 626 — Mobilization Section 626 of the Standard Specifications is hereby revised for this project as follows Subsection 626 01 shall be deleted and replaced with the following 626.01. This work consists of the mobilization of personnel, equipment and supplies at the project site in preparation for work on the project This item shall also include the establishment of the Contractor's offices, buildings and other necessary facilities, and all other costs incurred or labor and operations that must be performed before beginning the other items under the Contract Construction of temporary accesses/roads into the work areas, and removal of the accesses/roads after construction is completed, shall be included in the Mobilization bid item CONSTRUCTION STAGING AND TEMPORARY CONSTRUCTION EASEMENTS The Contractor shall take responsibility to find adequate staging area(s) for the project Any agreements made for staging on pnvate property shall be made in writing and copies of the written agreements shall be provided to the County before Construction All staging areas shall be secured with temporary fencing and restored to original conditions after construction The Contractor shall provide erosion and sediment control for all staging areas and shall modify the Erosion and Sediment Control Plans to include staging areas The Contractor shall not park any vehicles or equipment in or disturb any areas not approved by the Engineer The County has acquired Temporary Construction Easements (TCEs) for work on the project If the Contractor needs to perform work on pnvate property outside of the easements shown on the drawings, then the Contractor shall obtain additional TCEs All agreements made between the Contractor and the private property owners for additional TCEs shall be made in writing and a copy of all wntten agreements shall be furnished to the County before any disturbance The Contractor shall provide erosion and sediment control for all areas encompassed within the additional TCEs obtained by the Contractor and shall modify the Erosion and Sediment Control Plans and CDPS-SCP to include TCEs The Contractor shall inform the property owners and the tenants at the properties before construction The Contractor shall limit construction activities to those areas within the limits of disturbance as shown on the plans to the maximum extent practical All costs whatsoever the nature required for staging and additional temporary construction easements including temporary fencing and erosion and sediment control shall be considered incidental to the project Any disturbance beyond the limits presented on the drawings shall be restored to the ongmal condition at Contractor's expense Construction activities, in addition to normal construction procedures, shall include parking of vehicles or equipment, consolidation of construction debns or matenals, and disposing of litter and any other action which alters existing conditions All disturbances outside the Project Limits shall be pre -approved by the County and secured by the Contractor, at Contractor's expense In addition, the Contractor will be required to secure Permission to Enter for property owners' access that extend beyond the Right of Way Line No separate payment will be made Contractor Exhibit A to review the access plans and determine the extent of the nght of entry required Weld County shall be notified of the nght of entry before entry END OF SECTION Exhibit A Addendum # 1 Bid Request Number B2500028 Contracted Mining Services Questions & Answers 1. Question: Can we visit the site to pull samples? Answer: Yes, site visits must be scheduled with Weld County thru Nate Gibson. 2. Question: What types of materials are needed to be crushed? Answer: This contract involves crushing native rock to meet Weld County's surface gravel specification. 3. Question: Does the material to be crushed also need screened and if so, what are the specifications on size? Answer: The material will need to be screened to meet Weld County's surface gravel specification listed under item #7 in the scope of work. 4. Question: How far is the average distance for the overburden material? Answer: Average haul distance for overburden is 1 /8th mile. 5. Question: Is overburden being removed from site or just moved on site? Answer: If overburden removal is necessary, it will be stockpiled on site. 6. Question: What is the approximate amount of overburden to be removed total? Answer: No overburden is anticipated to be removed in the first term of the contract. Overburden may be removed in subsequent terms depending on Weld County's need. 7. Question: Can I get a map of the pit locations included in this job? Answer: A map was provided with the agenda at the pre -bid conference. 8. Question: What does a Weld County Overweight Permit Cost? Answer: A Weld County Overweight permit for this contract is $250.00 per truck. Exhibit 9 Question Is a water source available? Answer There is not a source of water available 10 Question Is the contractor responsible for reclamation? Answer The contractor is not responsible for any reclamation work as part of this contract 11 Question Does the County run quality assurance testing? Answer The County runs quality assurance testing at a frequency of 1 per 2000 tons The contractor is responsible for quality control testing at a frequency of 1 per 500 tons 12 Question What MSHA training requirements does this work fall under? Answer This project requires miners to be trained under MSHA part 46 The contractor is responsible for providing proof of part 46 training for all miners pnor to start of construction 13 Question For trucking line items is the contractor responsible for providing a loader to load truck? Answer Yes, the contractor is responsible for providing a loader and operator to load trucks 14 Question Is the estimate of 500 loads being transported from Hokestra to the LJM stockpile accurate? Answer 500 loads is an estimate, quantities may have to be adjusted based on bid price and available budget 15 Question Is there a minimum number of truck loads that needs to be hauled daily, weekly or monthly? Answer No but crushing and hauling must be complete by December 31St, 2025 There are no other deadlines associated with this project 16 Question Where is finished gravel to be stockpiled? Answer Gravel can be stockpiled on top of the existing product pile at the Hokestra pit, and on the north side of the existing pile Exhibit A 17 Question Is there a minimum height requirement for gravel stockpiles? Answer There is no minimum height requirement, but there is limited space available for stockpiling at the Hokestra gravel pit 18 Question What is required for oversize material? Answer Any oversized matenal that can't be run through the crusher can be stockpiled onsite 19 Question Weld County is currently stockpiling pit run at the Hokestra Pit Will -,the contractor be responsible forstockpiling pit run at Hokestra? Answer No, Weld County will continue stockpiling pit run at Hokestra, for the first term of this contract 20 Question There is currently a stockpile of "fines" (reject) at the Hokestra pit Did a previous contractor generate this material? Answer No, the reject was generated by Weld County's crushing crew by prescreening the material prior to crushing 21 Question Other than mobilization fees do bidders need to bid the items with a quantity of 1? Answer Yes, items with a quantity of one may be utilized for renewing successive terms of the contract 22 Question Do bidders need to bid every service or can bidders bid only the items they are willing to perform? Answer This is a turn -key project Weld County is soliciting a contractor that can perform all the services listed on the bid schedule Incomplete bids may be rejected 23 Question Is there a scale available for trucks at the Hokestra pit? Answer No Exhibit A 24. Question: Is trucking billed per load or per ton? Answer: There are two line items in the bid schedule for trucking. Material trucked from Hokestra to the LJM location will be paid by the load with a 28 ton minimum capacity per truck. The second line item is an hourly rate that may be utilized for renewal purposes. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title. April 29, 2025 Date of Signature Exhibit A Addendum # 2 Bid Request Number B2500028 Contracted Mining Services A. During the bid process, it was realized that bonds are required for this solicitation's scope of work. Therefore, the following bonding requirements shall be added to page 17 of the solicitation prior to the section titled "Insurance Mailing Information". Bonds 1. For projects over $50,000 the following bonds are required: a. A 5% Bid Bond is required at the time of Proposal submittal. b. Performance Bond in the amount of 100`)/0 of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. c. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. B. To allow time for suppliers to obtain appropriate bonding, the due date for bids will be extended as follows: Bids will be received until: March 11, 2025, at 10:00 AM (Weld Count)/ Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 11, 2025, at 10:30 AM To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Exhibit A Microsoft Teams By Phone Join the meeting now +1 720-439-5261,1300282295# Phone United conference States, 295# Denver ID: 300 282 Meeting Passcode: ID: 239 zE27bS3d 757 934 629 Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: April 29, 2025 Date of Signature Exhibit B B 11?/,'/Mar r �� r�� Y (IIlimes.() Cynthia M. Burnett, Littleton, Colorado SURETY: Omni!, legal status and principal place of business) MERCHANTS NATIONAL BONDING, INC. 6700 Westown Parkway P. O. Box 14498 Des Moines, Iowa 50306-3498 emollin* Bid Bond Document A310Tm - 2010 CONTRACTOR: (Name. legal status and address) OVERLOOK MINE, LLC 9358 HMtop Road Parker, Colorado 80138 OWNER: (Name, legal mutts argil addres.c) BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, BY AND THROUGH ITS PURCHASING OFFICE, 1301 North 17th Avenue Greeley, Colorado 80631 BOND AMOUNT: Five Percent (5%) of the Total Amount of the Bid PROJECT: (Name. location or address. and Project number. if any) Bid Number: 82500028 Mining Services This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of WiliC11 the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid. and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surely hereby waives any notice of an agreement between the OW11tT and Contractor to extend the time in which the Owner may accept the hid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. tithes Bored is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal rcquircnecnt in the; location of the Project. ;any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confurniing to such statutory or ether legal requirement shall be deemed incorporated herein. W}feet so furnished, the intent is that this Bond shall he construed as a statutory bond and not as a common law bond. Signed and scaled this 11th day of March, 2025 O__VERLOOK MINE, LLC onr (Contract •s Principal) (Sc ale (Tit I MERCHANTS NATIONALONDING, INC. (S►wen ,•• ., I AV) 114 tie .• • • Ia y .. f .•�.��) i . ., . Pp-. , (7'ide) Doulas J. R� they, Attome in -Fact • `'. le � '� CAUTION: You Should sigh an original MA Contract Docurnnnt. on which this text apt yarn, in RED. An original 1riSlftct:i �� changes will not bo obscured. P4' • • .• • . • • AM Document Alien' —2010 (nv.10120'10). Copyright O 1963. 1970 and 2010 by The American Institute of Architects. All rights reservtid, •� f � " '111 •` IniL by rtge3G nu% Alit Document protected by U S. Copyright L.�w anti inlornational Trt•atte: Un.rulnor•te:t ►flp•od:rclian or dtit►ibutiespoo! ti►� • � `IC ASA. Documents or arty portion of r!. may resit:! to oevelc Civil and erinunal ornalllt:s, and 'fill be prosecute° to Ilse eXtcrt! De5S/16(to•atot1,00" unur► trio law. Purchasers are permitted to reproduce ten (10) copies of this docut'nent when completed To report copyright vtolabons of AIA Contract Documents, *email The American Institute of Architects' legal counsel, copyright@sia.orq •L TWIrn• tr BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Cynthia M Burnett, Douglas J Rothey, Erik Ulibarn, Kim Payton, Wesley J Butorac, Zech Rothey their true and lawful Attorney(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wntten instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on Apnl 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc , on October 16, 2015 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authonty to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof " "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authormng the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut honty hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineenng and construction contracts required by the State of Flonda Department of Transportation It is fully understood that consenting to the State ofFlonda Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of June , 2020 GORPOR�'��;• %o�0-,1/4P 099A9y-4e 2003 .0 y 1933 YC• rJ � STATE OF IOWA ..''•••''''' ••'••°•••o COUNTY OF DALLAS ss On this 23rd day of June 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors �PFtIAt; o ?i z A��lw s iovvt. r POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC President ?0,1,6a,M.CtS49-",—, Notary Pubhc (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr , Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of March , 2025 • � 0\�0 CD4j •• ;�o��RP0q .09•• _• P S 1933 C.: Secretary POA 0018 (1/20) E x $ Addendum # I Bid Request Number B2500028 Contracted Mining Services Questions & Answers 1 Question Can we visit the site to pull samples? Answer Yes, site visits must be scheduled with Weld County thru Nate Gibson _ 2 Question What types of materials are needed to be crushed? Answer This contract involves crushing native rock to meet Weld County's surface gravel specification 3 Question Does the material to be crushed also need screened and if so, what are the specifications on size? Answer The material will need to be screened to meet Weld County's surface gravel specification listed under item #7 in the scope of work 4 Question How far is the average distance for the overburden material? Answer Average haul distance for overburden is 1/8th mile 5 Question Is overburden being removed from site or just moved on site? Answer If overburden removal is necessary, it will be stockpiled on site 6 Question What is the approximate amount of overburden to be removed total? Answer No overburden is anticipated to be removed in the first term of the contract Overburden may be removed in subsequent terms depending on Weld County's need 7 Question Can I get a map of the pit locations included in this job? Answer A map was provided with the agenda at the pre -bid conference 8 Question What does a Weld County Overweight Permit Cost? Answer A Weld County Overweight permit for this contract is $250 00 per truck 9 Question Is a water source available? Answer There is not a source of water available 10 Question Is the contractor responsible for reclamation? Answer The contractor is not responsible for any reclamation work as part of this contract 11 Question Does the County run quality assurance testing? Answer The County runs quality assurance testing at a frequency of 1 per 2000 tons The contractor is responsible for quality control testing at a frequency of 1 per 500 tons 12 Question What MSHA training requirements does this work fall under? Answer This protect requires miners to be trained under MSHA part 46 The contractor is responsible for providing proof of part 46 training for all miners prior to start of construction 13 Question For trucking line items is the contractor responsible for providing a loader to load truck? Answer Yes, the contractor is responsible for providing a loader and operator to load trucks 14 Question Is the estimate of 500 loads being transported from Hokestra to the LJM stockpile accurate? Answer 500 loads is an estimate, quantities may have to be adjusted based on bid price and available budget 15 Question Is there a minimum number of truck loads that needs to be hauled daily, weekly or monthly? Answer No but crushing and hauling must be complete by December 31St, 2025 There are no other deadlines associated with this project 16 Question Where is finished gravel to be stockpiled? Answer Gravel can be stockpiled on top of the existing product pile at the Hokestra pit, and on the north side of the existing pile 17 Question Is there a minimum height requirement for gravel stockpiles? Answer There is no minimum height requirement, but there is limited space available for stockpiling at the Hokestra gravel pit 18 Question What is required for oversize material? Answer Any oversized material that can't be run through the crusher can be stockpiled onsite 19 Question Weld County is currently stockpiling pit run at the Hokestra Pit Will the contractor be responsible for stockpiling pit run at Hokestra? Answer No, Weld County will continue stockpiling pit run at Hokestra, for the first term of this contract 20 Question There is currently a stockpile of "fines" (reject) at the Hokestra pit Did a previous contractor generate this material? Answer No, the reject was generated by Weld County's crushing crew by prescreening the matenal poor to crushing 21 Question Other than mobilization fees do bidders need to bid the items with a quantity of 1 Answer Yes, items with a quantity of one may be utilized for renewing successive terms of the contract 22 Question Do bidders need to bid every service or can bidders bid only the items they are willing to perform? Answer This is a turn -key project Weld County is soliciting a contractor that can perform all the services listed on the bid schedule Incomplete bids may be rejected 23 Question Is there a scale available for trucks at the Hokestra pit' Answer No Exhibit B 24. Question: Is trucking billed per load or per ton? Answer: There are two line items in the bid schedule for trucking. Material trucked from Hokestra to the LJM location will be paid by the load with a 28 ton minimum capacity per truck. The second line item is an hourly rate that may be utilized for renewal purposes. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** _m_ornpany ;Name: Overl `\ Signature. Name: Joseph L. Moss Title: ok Mine, LLC 2/28/2025 Senior Project Manager February 28, 2025 Date of Signature Addendum # 2 Bid Request Number 82500028 Contracted Mining Services A During the bid process, it was realized that bonds are required for this solicitation's scope of work Therefore, the following bonding requirements shall be added to page 17 of the solicitation prior to the section titled "Insurance Mailing Information" Bonds 1 For projects over $50,000 the following bonds are required' a A 5% Bid Bond is required at the time of Proposal submittal b Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work c Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work 2 Surety companies executing bonds must appear on the U S Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado 3 A 5% Retamage Fee will be held for Construction contracts over $150,000 4 Bonds may be submitted on the Standard AIA form or Weld County Form B To allow time for suppliers to obtain appropnate bonding, the due date for bids will be extended as follows Bids will be received until: March 11, 2025, at 10:00 AM (Weld County Purchasinq Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 11, 2025, at 10030 AM To join, call the phone number and enter the Conference l® provided below or you are invited to attend the bad opening on person at the Weld County/ Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams .Doan the meeting now Ddeeting ID: 239 757 934.629 Paisscodea azE27bS3d By Phone +1 720-439-5261„300282295# United Stages, Denver Phone conference ID: 300 282 295# Addendum Acknowledgement ***fie signed cob 9 must be submitted with your bide Thank your** Company Sig Name Joseph L Moss fining, LLC March 4, 2025 Title Senior Project Manager March 4, 2025 Date of Signature Exhibit 6 Fees Provide fees for this project below, Indicate the price per unit, and the total price by multiplying price per unit by quantity given. Add the totals for each line item to calculate the total contract amount. Bid Schedule for Contracted Mining Services Item Number Item Pit Location Quantity* y Unit Unit Price Total 203-01580 , Trucking Alternate Materials Locations to Pit 1 HR $143.50 $ 143.50 Hokestra 203-01580 , Trucking LJM Hokestra yard Materials from to Pit 500 . EA $504.30 $ 252,150.00 Hokestra 207-00210 , Removal Overburden of All Pits 1 . CY $2.32 $ 2.32 Topsoil & 304-09002 Surface Crushing Gravel Peters 313 Pit 1 TON $4.71 $ 4.71 304-09002 Surface Crushing Gravel , Pit 100,000 TON . $4.71 $ 471,295.00 Hokestra 304-09200 Stockpiling Material Pit Run All Pits 1 CY , 82.53 , 8 2.53 626-00000 Mobilization (Crushing) Peters 313 Pit 1 LS $12,926.85, $ 12, 926.85 626-00000 Mobilization (Crushing) Pit 1 LS $12,926.86 $ 12, 926.85 Hokestra 626-00000 Stockpiling (Removal Overburden Mobilization Pit of and Run) Pit 1 LS $16,804.90 $ 16, 804.90 Hokestra 626-00000 Stockpiling (Removal Overburden Mobilization Pit of and Run) Peters 1 LS 316,804.90 $ 16,804.90 626-00000 Stockpiling (Removal Overburden Mobilization Pit of and Run) North Pierce 1 _ LS $,16,804.90 $ 16,804.90 626-00000 Stockpiling (Removal Overburden Mobilization Pit of and Run) Koskie 1 LS $16,804.90 $ 16, 804.90 Grand Total $ 816,664.28 *Quantities quantities necessary are can to crush, for be information adjusted stockpile sample to and only meet contract haul. and budget are The is used restraints. successful included solely as Prices for vendor a separate selecting will is include required attachment) the lowest all to labor, sign responsible and a separate equipment bidder, contract actual costs (a B2500028 11 Exhibit B Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1, The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500028. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Entry Company Name: Overlook Mine, LLC Address: 9358 Hilltop Rd, PO Box 2456 Parker, CO 8 Phone , 303-993-6349 or 970-531-8719 Email: Ken@pei-corp.com 41-2261450 FEIN/Federal Tax ID #: CONTRACTOR: By. Name: Ken J. Evans Title: Owner March 3, 2025 Date of Signature 134 B2500028 12 AWR CERYIFICA URANCE DATE(MMIDD/YY(Y) 11 /25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, sublect 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 AssuredPartners Colorado 4582 S Ulster St , Suite 600 Denver CO 80237 CONTACT NAME PHONE I FAX MOIL, Ex0 303-863-7788 (A/C, NO) 303-861-7502 A DRIESS APCOI@assuredpartners com INSURER(S) AFFORDING COVERAGE NAIC it INSURER Liberty Mutual Fire Insurance Company 23035 INSURED Premier Earthworks & Infrastructure, Inc Overlook Mine, LLC PO Box 2456 Parker, CO 80134 INSURER B PlnnaCOI Assurance 41190 INSURER C Acceptance Indemnity Insurance Company 20010 INSURER D INSURER E INSURER F VERAGES CERTIFICATE NUMBER 1449288537 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 INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER (MM DDlYVYY) (MM/DD/YYYV) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR Y Y TB2,91-475105-014 9/8/2024 9/8/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 MED EXP (Any one person) $ 5 000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER POLICY El ,78-, El LOC OTHER PRODUCTS - COMP/OP AGG $ 2 000,000 $ A AUTOMOBILE LIABILITY _ X ANY AUTO =OWNED ONLY X HIRED AUTOS ONLY -1 SCHEDULED AUTOS X NONOWNED AUTOS ONLY Y Y AS2,91-475105-024 9/8/2024 9/8/2025 (Ea COMBINEDident) SINGLE LIMIT acc $ 1 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE Y Y EMM0002338 00 10/22/2024 9/8/2025 EACH OCCURRENCE $1,000,000 AGGREGATE $ $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY WI'CRE PRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED� � (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below Y N/A 4253921 9/8/2024 9/1/2025 X I PER OTH STATUTE Zr E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE $ 1 000 000 E L DISEASE POLICY LIMIT $1,000,000 A Inland Marine YM2,91-475105-054 9/8/2024 9/8/2025 Leased...fed Equip 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) If required by written contract, the following applies on a blanket basis General Liability LC 04 43 11 18 - Commercial General Liability Enhancement for Contractors LC 20 58 11 18 - Additional Insured Enhancement for Contractors CG 20 10 12 19 - Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG 20 37 12 19 - Additional Insured - Owners, Lessees or Contractors - Completed Operations LIM 99 01 05 11- 60 Day Notice of Cancellation to Third Parties - If scheduled with the Company See Attached ERTIFICATE 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 Evidence of Insurance AUTHORIZED REPRESENTATIVE I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD hi 1 M AC® k.----- LOC # ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY AssuredPartners Colorado POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Premier Earthworks 8, Infrastructure, Inc Overlook Mine, LLC PO Box 2456 Parker, CO 80134 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE CERTIFICATE OF LIABILITY INSURANCE Automobile Liability AC 84 07 11 17 - Auto Enhancement Endorsement - Additional Insured, Waiver of Subrogation and Notice of Cancellation AC 84 23 08 11 - Designated Insured - Noncontnbuting Workers Compensation Blanket Waiver of Subrogation Evidence of Insurance ACORD 101 (2008/01) © 2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD AC®R®® CERTIFAC TE OF LIABILITY INSURANCE DATE;272 4/25/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the polrcy(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 nghts to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACTE NAM AssuredPartners Colorado 4582 S Ulster St , Suite 600 Denver CO 80237 PHONE FAx (A/C. No. Ex0 303-863-7788 I (Alc, No) 303-861-7502 ADDRIESS APCOI@assuredpartners com INSURER(S) AFFORDING COVERAGE NAIC # INSURER Liberty Mutual Fire Insurance Company 23035 INSURED INSURER Pinnacol Assurance 41190 Overlook Mine, LLC INSURER Acceptance Indemnity Insurance Company 20010 PO Box 2456 Parker, CO 80134 INSURER Underwriters At Lloyd's, London 15792 INSURER E INSURER F ERTIFICATE NUMBER 1943910240 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 INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER (MM/DDY/YYYY) (MMIDDY/YYYI� LIMITS ' A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE EI OCCUR Y TB2-Z91-475105-014 9/8/2024 9/8/2025 EACH OCCURRENCE $1000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000 000 GENERAL AGGREGATE $ 2,000 000 GEN L AGGREGATE LIMIT APPLIES PER POLICY El PRC E! LOC OTHER PRODUCTS COMP/OP AGG $ 2 000 000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON OWNED AUTOS ONLY AS2,91-475105-024 9/8/2024 9/8/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C UMBRELLA LIAB X EXCESS LIAB X OCCUR CLAIMS MADE EMM0002338 00 10/22/2024 9/8/2025 EACH OCCURRENCE $ 2 000 000 AGGREGATE $ 2,000,000 $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED� (Mandatory In NH) ifyes descnbe under DESCRIPTION OF OPERATIONS below Y N/A 4253921 9/8/2024 9/1/2025 X i PER OTH STATUTE ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE EA EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT $1 000 000 A D Inland Marine Professional Liability Pollution Liability YM2-Z91-475105-054 B0621 POVER005825 9/8/2024 4/25/2025 9/8/2025 .5/2026 Leased/Rented Egwp Each Claim/Aggregate Each Cla,m/Aggregate 1,000,000 $2m/$4m $1M/$1m DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule may be attached if more spaces required) If required by written contract, the following applies on a blanket basis General Liability LC 04 43 11 18 - Commercial General Liability Enhancement for Contractors LC 20 58 11 18 - Additional Insured Enhancement for Contractors CG 20 10 12 19 - Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization CG 20 37 12 19 - Additional Insured - Owners, Lessees or Contractors - Completed Operations LIM 99 01 05 11- 60 Day Notice of Cancellation to Third Parties - If scheduled with the Company See Attached ER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County, Board of Commissioners, ACCORDANCE WITH THE POLICY PROVISIONS Officials, on behalf of Public Works 1150 O Street AUTHORIZED REPRESENTATIVE Greeley, CO 80632 , I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID LOC # .11 AC® ®® AGENCY AssuredPartners Colorado POLICY NUMBER CARRIER ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page 1 of 1 NAIC CODE NAMED INSURED Overlook Mine, LLC PO Box 2456 Parker, CO 80134 EFFECTIVE DATE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE CERTIFICATE OF LIABILITY INSURANCE Automobile Liability AC 84 07 11 17 - Auto Enhancement Endorsement - Additional Insured, Waiver of Subrogation and Notice of Cancellation AC 84 23 08 11 - Designated Insured - Noncontributing Workers Compensatwn Blanket Waiver of Subrogation Weld County, Board of Commissioners, Officials, on behalf of Public Works is recognized as Additional Insured with respects to General Liability only if required by direct written contract with the named insured but only to the extent of such contract and coverage shall not be broader than that provided by the policy A Waiver of Subrogation applies in favor of Weld County, Board of Commissioners, Officials, on behalf of Public Works with respects to Workers Compensation only if required by direct wntten contract with the named insured Umbrella Liability follows form with respects to the General Liability, Auto Liability, and Employers Liability policies ACORD 101 (2008/01) © 2008 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER EMM0002338 00 COMMERCIAL EXCESS LIABILITY PCX 90 14 02 20 COMMERCIAL EXCESS LIABILITY SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Insured Name Premier Earthworks 8 Infrastructure, Inc Effective Date 10-22-2024 UNDERLYING=POLICYGENERAL'INFORMATION , ' ��, _, _ t.= ',` Carrier LIBERTY MUT FIRE INS CO Policy Period 09-08-2024 to 09-08-2025 TYPE OF POLICY APPLICABLE LIMITS OF LIABILITY General Liability Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury Aggregate $1,000,000 Employee Benefits Liability Each Employee $1,000,000 Aggregate $1,000,000 Coverage Basis Claims Made Retroactive Date 01-01-2017 'UNDERLYING POLICY GENERAL'INFORMATION' Carrier LIBERTY MUT FIRE INS CO Policy Period 09-08-2024 to 09-08-2025 TYPE OF POLICY Commercial Auto APPLICABLE LIMITS OF LIABILITY Combined Single Limit $1,000,000 UNDERLYINGPOLICY GENERAL INFORMATION; Carrier LIBERTY MUT FIRE INS CO Policy Period 09-08-2024 to 09-08-2025 TYPE OF POLICY Employers Liability APPLICABLE LIMITS OF LIABILITY Each Accident $1,000,000 Each Employee $1,000,000 Aggregate $1,000,000 PCX 90 14 02 20 Page 1 of 1 Policy Number TB2-Z91-475105-014 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, ,Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2 Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1 Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II — Who Is An Insured is amended to add the following Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy 1 Lessors of Leased Equipment. Tlie person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires 2 Managers or Lessors of Premises. Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence LC 20 5811 18 CO 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc , with its permission This insurance does not apply to a Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land, b Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor, or c Any premises for which coverage is excluded by endorsement 3 Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s) 4. Owners, Lessees or Contractors. Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the penod of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors There is no coverage for the additional insured for liability ansmg out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability ansing out the additional insured's sole negligence This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendenng of, or failure to render, any professional architectural, engmeenng or surveying services, including a The preparing, approving, or fading to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services 5 Architects, Engineers or Surveyors. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omissions) or the act(s) or omission(s) of those acting on your behalf a In connection with your premises, or b. In the performance of your ongoing operations This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" ansmg out of the rendenng of or failure to render any professional services by or for you, including LC 20 5811 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted matenal of Insurance Services Office, Inc , with its permission a The prepanng, approving, or fading to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hmng, employment, training or monitonng of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional seances by or for you 6 Any Person or Organization Other Than a Joint Venture Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf a In the performance of your ongoing operations, or b In connection with premises owned by or rented to you This insurance does not apply to a Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above, b Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf, or c Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendenng of, or failure to render, any professional architectural, engineering or surveying services, including (1) The prepanng, approving or fading to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications, or (2) Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitonng of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendenng of or failure to render any professional services by or on behalf of you, or those operating on your behalf The insurance afforded to any person(s) or organization(s) as an insured under this Item 1 Applies to the extent permitted by law, 2 Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy, 3 Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury' if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury", 4 Applies only if the "bodily injury' or "property damage" occurs, or the offense giving nse to the "personal and advertising injury' is committed, subsequent to the execution of the wntten agreement, and 5 Applies only if the wntten agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury' is committed LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc , with its permission Item 2 Blanket Additional Insured — Grantor Of Permits Paragraph 2 of Section II — Who Is An Insured is amended to add the following Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you However, with respect to the state, municipality or political subdivision Coverage will be no broader than required, and 2 Limas of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit, but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy This insurance does not apply to 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of operations performed for the state, municipality or political subdivision, 2 Any "bodily injury" or "property damage" included within the "products -completed .operations hazard", except when required by written agreement initiated pnor to loss, or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or m part, by you or those acting on your behalf Item 3 Other Insurance Amendment If you are obligated under a wntten agreement to provide liability insurance on a pnmary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such wntten agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4 Other Insurance of Section IV — Commercial General Liability Conditions will apply However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit" LC 20 5811 18 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted matenal of Insurance Services Office, Inc , with its permission Policy Number TB2-Z91-475105-014 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY- UMBRELLA COVERAGE FORM A If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective In no event does the notice to the third party exceed the notice to the first named insured B This advance notification of a pending cancellation of coverage is intended as a courtesy only Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy All other terms and conditions of this policy remain unchanged Schedule Name of Other Person(s) / Email Address or mailing address. Number Days Notice: Organizations) Per Schedule On File With The Company Per Schedule On File With The Company 60 LIM 99 01 05 11 © 2011, Liberty Mutual Group of Companies All rights reserved Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 1 of 1 POLICY NUMBER TB2-Z91-475105-014 COMMERCIAL GENERAL LIABILITY CG 20 101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCJAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above , However 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and ' 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to "bodily injury" or "property damage" occurring after Name Of Additional Insured Person(s) Or Organization(s) 1 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2 That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required' by a contract or agreement, the most we will `pay on behalf of the additional 'insured is the amount of insurance 1 Required by the contract or agreement, or 2 Available under the applicable limits of insurance, whichever is less This endorsement shall not increase the applicable limits of insurance Schedule Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or agreement, prior to an "occurrence" or offense, that such person or organization be added as an additional insured to your policy Location(s) Of Covered Operations All locations as required by a written contract or agreement entered into pnor to an "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations CG 20101219 © Insurance Services Office, Inc , 2018 Page 1 of 1 POLICY NUMBER TB2-Z91-475105-014 COMMERCIAL GENERAL LIABILITY CG 20 3712 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and descnbed in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard" However 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and ' 2 If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured Name Of Additional Insured Person(s) Or Organization(s) B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: Schedule Any person or organization for whom you have agreed in a written contract or agreement, prior to an 'occurrence', that such person or organization be added as an additional insured to your policy Information required to complete this Schedule, if not shown above, will be shown in the Declarations If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance 1 Required by the contract or agreement, or 2 Available under the applicable limits of insurance, whichever is less This endorsement shall not increase the applicable limits of insurance Location And Description Of Completed Operations All locations as required by a written contract or agreement entered into pnor to an 'occurrence' CG 20 37 12 19 © Insurance Services Office, Inc , 2018 Page 1 of 1 PINNAICOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Premier Earthworks & Infrastructure, P.O. Box 2456 Parker, CO 80134 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4253921 AssuredPartners of Colorado, LLC 4582 South Ulster Street Suite 600 Denver, CO 80237 (303) 863-7788 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:September 8, 2024 Expires on: September 1, 2025 Pinnacol Assurance has issued this endorsement September 6, 2024 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P SCHELPEW - Underwriter 09/06/2024 16:42:13 4253921 83980131 359-B .1=usa arAIA Document A312 TM Performance Bond CONTRACTOR: (Name, legal status and a(kli ess) OVERLOOK MINE, LLC 9358 Hilltop Road Parker, Colorado 80138 OWNER: (Name, legal slaws and address) BOARD OF COUNTY COMMISSIONERS BY AND THROUGH ITS PURCHASING OFFICE 1301 North 17th Avenue Greeley, Colorado 80631 CONSTRUCTION CONTRACT Date: 2010 SURETY: (Nal►le, legal status and principal place of business) MERCHANTS NATIONAL BONDING, INC. 6700 Westown Parkway P. O. Box 14498 Des Moines, Iowa 50306-3498 OF WELD COUNTY, COLORADO, A t11A11 tl t : ONE MILLION THREE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($1,360,000.00) Description: 2025 Mining Services Contract B2500028 (Name and location) BOND Date: (Nat earlier than Consmkvion Contract Date.-) Bond No. 101425659 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. A111OUnt:ONE MILLION THREE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($1,360,000.00) Modifications to this Bond: ® None 0 See Section I6 CONTRACTOR AS PRINCIPAL SURETY Company: OVERLOOK MINE, LLC Signature: Name keg 17 and Title: '21 1. additional signatures appear ear on the last page (Olds Per vrmance I�r�l►c (Any �� II � � 1 .1 (Col ponue Seal) Company: MERCHANTS r (Comm NATIONAL BONDIN i. //: /G --I Signature: Name and Title: Douglas oth Attorney-In-Fac (FOR I NFORW TI UN ONLY - - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Surescape Insurance Services, LLC 7800 South Elati Street, Suite 100 Littleton, Colorado 80120 (303) 225-8030 Mrchitect, Engineer or other party:) N/A AIA Document A312"' - 2010. The American Institute of Architects. 061110 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, erecutois, administrators, successors and assigns to the Owner for the performance of the COnstitrctioli Contract, which is incorporated herein by reference § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3 § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this l3ond shall arise a Iler the Owner first provides notice to the Contractoi and the Surety that the Ownei is considering declaring a Contractor Default Such notice shall indicate whether the Owner's requesting a conference among the Owner Contractor and Surety to discuss the Contractor's performance if the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference If the Surety timely requests a conference, the Owner shall attend Unless the Owner agrees otherwise, any conference requested under this Section 3 I shall be held within ten (10) business days of the Surety's receipt of the Owner's notice If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's light it any, subsequently to declare a Conti actor Default, 2 the Owner declares a Contractor Default, terminates the C onstruction Contract and notifies the Surety, and 3 the Owner has agreed to pay the Balance ot the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3 I shall not constitute a failure to comply with a condition precedent to the Surety's obltgations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the,Surety's expense take one of the lollownig actions- § 51 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract, § 5 2 Undertake to pertoim and complete the Construction Contract itself, through its agents or independent contractors. § 5 3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Ownet for a contract for performance and completion of the Construction Contract, arrange foi a contract to be prepared for execution by the Owner and a contractor selected with the Ownei's concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent 1O the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Pnce incurred by the Owner as a result of the Contractor Default, or § 5 4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances 1 After investigation determine the amount for which it may be liable to the Owner and, as soon as practicable aftei the amount is determined, make payment to the Owner, or 2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial § 6 It the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surely pertorn is obligations under this Bond, and the Owner shall be entitled to enrolee any remedy available to the Owner If the Surety proceeds as provided in Section 5 4, and the Owner refiises the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner AIA Document A312. - 2010 The American Institute or Architects 2 § 7 If the Surety elects to act under Section 5 15 2 or 5 3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for 1 the responsibilities of the Contiactor for correction of defective work and completion of the Construction Contract, 2 additional legal, design professional and delay costs retiuhinng from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5, and 3 liquidated damages, of if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor § 8 If the Surety elects to act under Section 5 I, 5 3 or 5 4, the Surety's liability is limited to the amount of this Bond § 9 The Surety shall not be liable to the Owner or otheis kit obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set oft on account of any such unrelated obligations No right of action shall deems on this I3ond to any pet son of entity other than the Owner or its heirs, executors, administrators, successors and assigns §10 The Surety hereby waives notice of any change, including changes of time, to the Constriction Contract or to related subcontracts, purchase orders and other obligations §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent 3umdietion in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years alien the Contractor ceased working or within two years after the Surety refuses of fails to perform its obligations under this Bond, whichever occurs first lithe provisions of this Paragraph aie void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable §12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conlormmg to such statutory or other legal requirement shall be deemed incorporated herein When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond § 14 Definition§ § 141 Balance of the Contract Price The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claim for damage% to which the Contiactor is entitled reduced by all valid and proper payments made to or on behalf of the Contiactor under the Construction Contract § 14 2 Construction Contract The agreement between the Owner and Contractor identified on the cover page including all Contract Documents and changes made to the agreement and the Contract Documents § 14 3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Constriction Contract § 144 Owner Default Failure of the Owner, which has not been remedied or waived to pay the Contractor as requited under the Constriction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 14.5 Contract Documents All the documents that comprise the agreement between the Owner and Contractor §15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor to this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor, AIA Document A312. - 2010 The Amencan Institute of Architects 3 § 16 Modifications to this bond are as follows N/A (Space rs provided below for addrtional srgnatm es of added padres, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL SURETY Company Not Applicable (Corporate Seal) Company Not Applicable (Corporate Seal) Signature Not Applicable Flame and Title Not Applicable Name and Title Not Applicable Address Not Applicable Address Not Applicable Signature' Not Applicable MA Document A31, — 21170 The American Institute of Architects 4 • :\Stile I:;t o r— ? Payment Bond Document A312Tm CONTRACTOR: (Name, legal Atoms and address) OVERLOOK MINE, LLC 9358 Hilltop Road Parker, Colorado 80138 OWNER: (Name, legal stalks and wh r•ess) BOARD OF COUNTY COMMISSIONERS OF WELD BY AND THROUGH ITS PURCHASING OFFICE 1301 North 17th Avenge Greeley, Colorado 8063.1 CONSTRUCTION CONTRACT Date: r MOLInt: ONE MILLION THREE ($1,360,000.00) Description: 2025 Mining Services Contract B2500028 (Name and location) HUNDRED 2010 SURETY: (Name, legal status andpr-incipal phise of l)!!.S' i less) MERCHANTS NATIONAL BONDING, INC. 6700 Westown Parkway P. O. Box 14498 Des Moines, Iowa 50306-3498 COUNTY, COLORADO, SIXTY THOUSAND AND NO/100 DOLLARS BOND Date: (Not earlier than C'onvir-tict ion Calumet Date) Bond No. 101425659 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. iNmoUnt: ONE MILLION THREE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($1,360,000.00) (Modifications to this Bond: ® None 0 See Section 18 CONTRACTOR AS PRINCIPAL Company: OVERLOOK R 'U1 or ate Seat Signature: MINE, Name /, LLC - A:A/1bl and Title: //Lie_ 5 ' (Any additirmal si,t naittres (!l)l)ear on lit' lavt page (Ohs. Payment Bond) SURETY Company: MERCHANTS (C 0/7) lrY 4 Sea0 NATIONAL BONDINGINC. --A _ Signature: Name and Title: Attorney -in -Fact_ ; Douglas Rot (FOR INFORMATION ONLY — Name, ad dre.s.s and lciltyl u e) AGENT or BROKER: OWNER'S REPRESENTATIVE: Surescape Insurance Services, LLC 7800 South Elati Street, Suite 100 Littleton, Colorado 80120 (303) 225-8030 (Architect Engineer- or other hurt)►: ) N/A AlA Document A312 im - 2010. The American Institute of Architects. 061110 5 §1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms § 2 lithe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner !loin claims, &minds, hens or suits by any poison or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond §3 It there is no Owner Default under the Construction Contract the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or scuts against the Owner or the Ownei's property by any person or entity seeking payment for labor, materials or equipment furnished for use m the performance of the Construction Contract and tendered defense of such claims, demands, hens or suits to the Contractor anti the Surety § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hoid harmless the Owner against a duly tendered claim, demand, lien or suit §5 The Surety's obligations to a Claimant under this Bond shall wise aftei the following § 51 Claimants, who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim, and 2 have sent a Clann to the Surety (at the address described in Section 13) §5 2 Claimants, who are employed by or have a direct conuact with the Contractor, have sent a Claim to the Surety (at the address described ui Section 13) § 61f a notice of non-payment required by Section 5 I I is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5 I I § 7 When a Claimant has satislied the conditions of Sections 5 I or 5 2, whichever is applicable, the Surety shall promptly and at the Surety's expense tale the following actions § 7,1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Ciaum, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, and § 7 2 Pay or arrange for payment of any undisputed amounts § 7 3 The Surety's failure to discharge its obligations under Section 7 I or Section 7 2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts For which the Surety and Claimant have reached agreement 11, howevei, the Surety tails to discharge its obligations under Section 7 1 or Section 7 2, the Surety shall indemnity the Claimant for the reasonable attorney's tees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7 3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of !lie Construction Contract and to satisfy claims, if any, under any construction performance bond By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the wort. AIA Document A31214 — 2010 The Amencan Institute of Architects 6 §10 The Surety shall not be liable to the Owner Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond §11 The Surety hereby waives notice of any change, including changes of time, to the Constnictron Contract or to related subcontracts, purchase orders and other obligations § 12 No suit or action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or alter the expiration of one year from the date (1) on which the Clannant sent a Claim to the Surety pursuant to Section 5 1 2 or 5 2, or (2) on which the last laboi or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of( I ) or (2) first occurs ll the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable § 13 Notice and Claims to the Surety the Owner or the Contractor shall be mailed of delivered to the address shown on the page on which their signature appears Actual receipt of notice of Claims, however accomplished, shall be sufficient compliance as of the date received § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location wheie the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made § 16 Definitions § 161 Claim. A written statement by the Claimant including at a minimum 1 the name oldie Claimant, 2 the name of the person for whom the labor was done, or materials or equipment furnished, 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract, 4 a beef description of the labor materials or equipment funiished, 5 the date on which the Claimant last per formed labor or last furnished materials or equipment for use in the performance of the Construction Conhact, 6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim, .7 the total amount of previous payments received by the Claimant, and 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim §16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish laboi, materials or equipment for use in the performance of the Construction Contract The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's hen or similar statute against the real property upon which the Project is located The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, ltght, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials of equipment were furnished § 16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents AIA Document A312"' — 2010 The American Institute of Architects 7 § 16 4 Owner Default failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 16 5 Contract Documents All the documents that comprise the agreement between the Owner and Contractor § 17 1f thus Bond is issued for an agreement between a Contractor and subcontractor the tenn Contractor in this Bond shall be deemed to be Subcontractor and the tei m Owner shall be deemed to be Contractor § 18 Modifications to this bond are as follows N/A (Space is pr ov►ded below for additional signatures of added par ties, other than those appear ring on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company Not Applicable (Cot poi ate Seal) Company Not Applicable (Co►porate Seal) Signature Not Applicable Name and Title Not Applicable Address Not Applicable Signature Not Applicable Name and Title Not Applicable Address Not Applicable AIA Document A312'. — 2010 The American Instil. of Architects 8 MERCHANTS POA 0018 (1/20) BONDING COMPANYT" POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both being corporations of the State of Iowa (herein collectively called the °Companies") do hereby make, constitute and appoint, individually, Cynthia M Burnett, Douglas J Rothey, Erik Uhbarn, Kim Payton, Wesley J Butorac, Zach Rothey their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNatronal Bonding, Inc , on October 16, 2015 "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authonze them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recogn¢ances, contracts of indemnity and other wntings obligatory in the nature thereof ° "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed " In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut honty hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Flonda Department of Transportation It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of June , 2020 '..•''Z1o1Vq''•,., ;Via- Co •° y�0sPORSa�o�ORP04,4....440.%.� zsy V t °� T.,- 2003 ,„o; ,, y 1933 c MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC 7 President STATE OF IOWA -"`•"'"' -"° ° COUNTY OF DALLAS ss On this 23rd day of June 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf of the Companies by authonty of their respective Boards of Directors elk z ease ioWP POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Folita Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of �Q�eOMq�'�o�. v °�0\NG ke, J� � �POR' p °moo FiP0,94.2.P„, �� .L', tie a �� c �•p; °� ? _o_ �^' a ��, -o- o o 2 2003 .0 • � 1933 ; eo Secretary V y e °•°°°°°° Contract Form Entity Information Entity Name* OVERLOOK MINE LLC Contract Name* CONTRACTED MINING SERVICES Contract Status CTB REVIEW Entity ID* 800045338 ❑ New Entity? Contract ID 9406 Contract Lead* NGIBSON Contract Lead Email ngibson@weld.gov Contract Description* CONTRACTED GRAVEL CRUSHING AND HAULING MATERIAL TO STOCKPILES Contract Description 2 Contract Type* CONTRACT Amount* $1,360,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHeadgweld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 05 14 2025 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05; 10/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head .CURTIS HALL DH Approved Date 04!29 2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/05 2025 Review Date* 12/22/2025 Committed Delivery Date Contact Type Contact Email Finance Approver CONSENT Renewal Date* 05 / 1 3 2026 Expiration Date Contact Phone 1 Purchasing Approved Date 04 29 2025 Finance Approved Date 04/29'2025 Tyler Ref # AG 050525 Originator NGIBSON Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 04/29 "2025 MEMORANDUM TO: Curtis Hall, Public Works Director DATE: March 20, 2025 FROM: Nate Gibson, Trucking/ Mining Supervisor SUBJECT: Bid Recommendation for #B2500028 - 2025 Mining Services On March 11, 2025, Weld County Purchasing opened 5 bids for the Public Works 2025 Mining Services Invitation for Bid. Three bids were determined by the Purchasing department to be non -responsive because the bidders did not submit the required bid bond. Therefore, Public Works is recommending the award to the low bidder, Overlook Mine LLC, for the budgeted amount of $1,360,000.00 pc: Duane Naibauer, PW Deputy Director of Operations Nate Gibson, PW Supervisor Toby Taylor, Purchasing Manager Rose Everett, Purchasing Mona Weidenkeller, PW Budget Coordinator 3/ZC9 ZOZ5-00 Ealon WELD COUNTY PURCHASING 1301 N. 17. Avenue, Greeley, CO 80631 reverett@weld.gov cgeisert@weld.gov ttaylor@weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: MARCH 11, 2025 REQUEST FOR: MINING SERVICES DEPARTMENT: PUBLIC WORKS BID NO: B2500028 PRESENT DATE: MARCH 12, 2025 APPROVAL DATE: MARCH 26, 2025 VENDOR AMOUNT B&S SAND & GRAVEL LLC PO BOX 188 ULYSSES KS 67880 SO LOW TRANSPORT 19607 CR 50.5 LASALLE CO 80645 OVERLOOK MINE, LLC 9358 HILLTOP RD PO BOX 2456 PARKER CO 80134 RWT EXCAVATING 3771 ROAD P WIGGINS CO 80654 KNIGHT INDUSTRIES LLC 16350 E. ARAPAHOE RD, STE 104-108 FOXFIELD CO 80016 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. $749,831.45 Non -responsive $816,664.28 $860,518.00 $1,422,775.20 2025-0678 3/IZ EC--, U0S3 Hello